Small Claims

[popcornfrenzy]

So my ex-p changed a couple of tyres for me as a favour - he works in a garage and had park worn tyres in the size I needed. He did this after hours at the garage - I asked him what they cost so I could pay, he said no it's fine.
We have since broken up and now I've received a small claim through the post.
It basically says that an invoice was raised and the garage has been chasing me since August.
Thing is they are saying the work was carried out on the 1st August but it actually was done on the 2nd August.

I've never received any correspondence from the garage or him for that matter asking for payment. This is the first I've heard about them wanting any money.

I looked online and they haven't followed the pre-action procedure whereby court should be the last resort.

Will this be thrown out? I've disputed the claim

Sounds like a scare tactic to get you to pay up.

They would have to produce evidence,

of your agreement for works to proceed
copies of subsequent invoices sent to you, and
Proof that they sent these documents to you

And correspondence sent to you giving notice of an intention to issue legal proceedings.

If it progresses to you making a defence statement to the court then just state exactly what you did in your post.

You do not have to disprove anything at all they have to prove their case.

If they ever provide evidence to the court you will get copies. Any invoice will have a unique number as will the VAT charge and the company has to show their VAT registration. So if any such fake documents are submitted, check them.

I have caught someone out submitting fake documents.

A couple of part worn tyres are no more than £80 surely? Cost to them is about £40, it’s probably costing them more in time pissing about than they’ll recoup.

Yep - it's for £85! The ex has been abusive to me and I had to block him on all means so I do think it's some sort of revenge

It’s possible he got caught out at work for missing stock and now trying to save his own arse

PM me if you want if this progresses.

You won't get it thrown out just because they haven't followed the pre-action protocol. However, it will be taken into account. The incorrect date is also unlikely to help you. What will help is their claim that they've been chasing you since August when they haven't.