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Original poster

County Court Claim against me

21 replies

countycout · 04/10/2021 20:13

I've named changed, I'm hoping for some advice as I have no idea what I'm supposed to do.

I had instructed someone to make building reg drawings for my house. There are two separate building extensions to be drawn up and I was quoted for these 2 as a whole (which is what I wanted)

The drawing were done of one of the separate buildings extensions and sent to me with an invoice for half the amount due. I replied with some changes that were needed to the drawing as some things had been missed.

This was end of July. August hit and I forgot all about it. Plus I had a few major things happen in my family that took all my time & focus. I assumed I would hear from the person when they could be bothered.

This morning I got a letter from the county court saying a claim had been made against me for the invoice amount + fees + 8% interest on the amount.

Apparently (according to the court letter) 4 emails had been sent to me, I've checked and found the last 2 in spam - unread obviously - the first 2 which include the amended drawings I assume which I have never seen have disappeared.

I haven't been contacted by phone or letter previous to this court letter.

What am I supposed to do? I'm happy to go to court to pay what's due but I really finding the whole thing so ridiculous, my bf who is German thinks it's a whole passive aggressive 'English' thing but I assured him I've never come across behaviour like this, I would pick up the phone if my emails weren't being answered as there was no difficulties before this.

Do I just turn up to court with my screenshots of my emails/the spam folder?
What else do I need to show the court?
I haven't actually got a copy of the building reg drawings, will the court allow me to have them and check they are correct before I have to pay for them? Confused

OP posts:
Fupoffyagrasshole · 04/10/2021 20:21

That’s nuts

You need to write them a letter from explaining the situation

And that you will make payment of the original amount once you receive the drawings!!

Fupoffyagrasshole · 04/10/2021 20:22

Also check with citezens advice

Theunamedcat · 04/10/2021 20:28

You can't pay for what you haven't received

Theunamedcat · 04/10/2021 20:28

Emails don't just dissappear they are either there or not

ApocalypseNowt · 04/10/2021 20:29

Was either of the last 2 emails a 'letter before claim'? They need to follow procedure and to take a claim to county court they have to issue a letter before claim first.

WeatherwaxLives · 04/10/2021 20:33

@Theunamedcat

Emails don't just dissappear they are either there or not
My emails delete from my spam folder after a certain period of time. Is thar what you think has happened to the revised drawings OP?
CorrBlimeyGG · 04/10/2021 20:33

Emails don't just dissappear they are either there or not

Emails in spam folders usually auto delete after a defined period.

You mention a letter from the court, do you mean a claim form?

Fupoffyagrasshole · 04/10/2021 20:39

A quick google brings up citezens advice page and tells you exactly what you can do!!

Fupoffyagrasshole · 04/10/2021 20:40

Citizen 🙈

Hullbilly · 04/10/2021 20:53

Why not try contacting the person you commissioned the service from to explain, apologise and hopefully pay for their work? They might be able to resolve it with you once they realise it's a misunderstanding.

80sballetgirl · 04/10/2021 21:03

You should have a response pack with the summons - submit your response with the court & this will move to mediation / hearing. Do not ignore or they will apply for Judgment & this will the appear on your credit record & may result in enforcement.

Original poster
countycout · 04/10/2021 22:10

@Theunamedcat

Emails don't just dissappear they are either there or not
The 4 emails went to spam, the 2 earlier ones 'disappeared' because (I assume) the spam folder automatically deletes spam emails after a few weeks.
OP posts:
Original poster
countycout · 04/10/2021 22:11

Yes @WeatherwaxLives

OP posts:
Brollywasntneededafterall · 04/10/2021 22:13

My spam delete after 30 days.. Don't court hearings offer a chance to make payment prior to the court date?

Hellocatshome · 04/10/2021 22:14

You probably won't have to turn up at court with anything as it will more than likely go to mediation or a telephone hearing. Fill in the relevant forms that have come with the claim. Call the company in the morning, ask for copies of the drawings and pay them what you owe them. At this stage they will be able to withdraw their claim and it won't have to go any further.

Original poster
countycout · 04/10/2021 22:14

@Theunamedcat

You can't pay for what you haven't received
That's what I think! But it seems crazy to have to stand up in court and say that, what a waste of everyone's time!
OP posts:
Original poster
countycout · 04/10/2021 22:19

@ApocalypseNowt

Was either of the last 2 emails a 'letter before claim'? They need to follow procedure and to take a claim to county court they have to issue a letter before claim first.
The last 2 emails (which I've just read as they were in my spam) were warning me they were taking matters further/taking me to court.

I did also get an email from the court telling me about the proceedings last week - didn't go to spam! But I thought it was a scam (there was a clickable link in the email) as the person hadn't put the company name (they are a one man band) but their own name, which I didn't remember/recognise.

Thank god for the good old postal service!!!

OP posts:
Original poster
countycout · 04/10/2021 22:24

@Hellocatshome

You probably won't have to turn up at court with anything as it will more than likely go to mediation or a telephone hearing. Fill in the relevant forms that have come with the claim. Call the company in the morning, ask for copies of the drawings and pay them what you owe them. At this stage they will be able to withdraw their claim and it won't have to go any further.
Thanks, I have emailed them what has happened. I'm just astonished that they didn't just pick up the phone and check in with me before going straight to the court. Obviously got more time on their hands than me! I'm hoping they will respond and send me the drawings, although I'm happy to go to court, does seem massively unreasonable to waste everyone's time instead of just ringing me to check I actually got their emails!
OP posts:
Original poster
countycout · 04/10/2021 22:29

@Fupoffyagrasshole

A quick google brings up citezens advice page and tells you exactly what you can do!!
It's more general advice how to fill the forms in, which I can do. Just seems silly to have a conversation explaining what's happened, innocent mis-communication through the court procedure rather than to each other?

Maybe I'm old-fashioned?

OP posts:
MiddlesexGirl · 05/10/2021 10:30

www.gov.uk/respond-to-court-claim-for-money sets out all the options

Treecreature · 14/10/2021 18:22

If we phoned every customer who didn't pay we'd waste a serious amount of time, hence the emails which are a lot quicker. Also provides a trail which can be referred back to. Ring them and ask to pay. They are unlikely to press on with court if you engage with them.

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