Advice on Debt Not Owed Please

[uk=clif]

Re: Advice on Debt Not Owed Please

I have just released I have until 28th to enter my defence online. I would be so grateful for help with my defence, so sorry for the short notice!

[Amethyst]

Re: Advice on Debt Not Owed Please

Thanks. Do I need to fill in a defence on court documents or wait for response for solicitor?

Yes you need to complete and file a defence, unless you agree an extension with the claimant.

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you, I really need help as to what to include in my defence. Just my side of the story or anything technical? Thanks

[Amethyst]

Re: Advice on Debt Not Owed Please

Do you want to do a draft and we'll help you with it from there. Just tell your side. Basically summarize the issues you put in your first post here - you did not enter into any agreement with the claimant.

I believe [MENTION=62240]dan_1207[/MENTION] will have a good idea which direction to take this if he gets chance to look in.

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you! Will do that now

[nemesis45]

Re: Advice on Debt Not Owed Please

Thank you! Will do that now

Clif
I have a PM from you but it seems to be corrupted I have a single line of 2-3 characters streaming
down the screen totally unreadable.

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Hi Nem, it was for help with a defence please. Amethyst has suggested putting my own draft on which I am currently working on and will post ASAP. Thanks

[nemesis45]

Re: Advice on Debt Not Owed Please

Hi Nem, it was for help with a defence please. Amethyst has suggested putting my own draft on which I am currently working on and will post ASAP. Thanks

Ok Clif!!

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

1. Mr D was asked to visit *** on the week beginning 15^th December 2014, to enable him to send a quotation for his architectural services. For myself and my partner, this was a budgeting exercise to gather quotations from various tradesman so we could make a decision of how to move forward with the renovation of our first home; which we purchased on 12^th December 2014.
2. The appointment with Mr D was the secondconsultation we had as previously we asked P Consulting (Architectural & building consultant) to view the property on 16^th December 2014. We received the quotation from P Consulting the following week as agreed.
3. The property when purchased had a number of issues; damp, woodworm, dry rot, settlement and is built on a river bed. These were all discussed and advised that the relevant processes to rectify the following needed to be done, before we made decision as to what architect we would be using if any at all. Due to the property being built on unstable ground, a test dig needed to be carried out to find out if an extension was possible and financially viable for myself and my partner.
4. I discussed with Mr D we ideally wanted a single storey extension with open plan living. Ideas we had were to incorporate the side of the property and create a porch on the front.
5. As stated this was to access the cost of architectural services and to find out which company if any would be best to use.
6. At the end of the appointment I asked Mr D how busy he currently was, how long it normally take for designs to be drawn, and how much he charges for his services. He advised me that the price to draw the designs can vary due to the size of the project and did not give me a figure. Instead he said he was able to send me a quotation for what was discussed in the next few weeks as he was extremely busy over the Christmas period. He agreed to send the quotation to my email address. Mr D asked if he was able to take the measurements for what was discussed to give me an accurate quotation and if his services where undertaken, would then save him an extra tip; this was the same with P Consulting.
7. I did not receive a quotation from Mr D
8. On 6^th January 2015, I received an email from Mr D with an attachment of a copy of provisional plans drawn. This was received to my spam folder and only seen by myself when I received a phone call from Mr D the week later to draw my attention to it. On this phone call I explain to Mr D that I was expecting a quotation as previously agreed, as still at this time I did not know how much he charged for his services. I also explained that at no time had I entered into an agreement with him for his services and had not ask him to draw up any plans. This conversation with Mr D made me feel very uneasy as to the legitimacy of his business and felt his services where being forced upon me. I informed Mr D I hadn’t made a decision on who if any Architect I would be using and I would be in contact in the future if I required his services.
9. I received another email from Mr D on the 19^th January 2015 stating he had not heard back from me. I did not reply to this email.
10. On Feb 2^nd 2015 I received another email from Mr D with an attachment of an Invoice for the amount of £450 with an additional £100 plus application fees to be paid on completion of building regulation drawings.
11. On the receipt of this email I called Mr D to question as to why he has sent me an invoice for services that I did not request. I then asked Mr D not to contact me again or chase payment for services I did not endorse. I explained I am currently in Alder hey hospital with my daughter and I would not engage in any further conversation and not to contact me again.
12. Furthermore, on all of the email correspondence and invoice that Mr D sent, he states his company name is Mr D Ltd. However, on the court proceedings his company name is actually Mr D and D Ltd. Mr D Ltd does not and has never existed as a limited company.

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Please find above my 'version of events'- thanks for your help in advance.

[Amethyst]

Re: Advice on Debt Not Owed Please

Hiya, great It's a little witness statementy but that's fine in a small claims case like this, I've had a fiddle with it anyway xxxx

----------------------------------------------------------------------------------------------------------------------------------------------------------
EDIT: Just switching this around so it can be used as a Witness Statement to back up the defence that Dan has kindly posted for you.

Hearing Date: xxxxxxxx
Claim no: xxxxxxxxxxxxxxxx
IN THE COUNTY COURT AT xxxxxxxxxxx
B E T W E E N:-


MR D ...........
Claimant
And
xxxxxxxxxxxxxxx
Defendant

____________________________________________
WITNESS STATEMENT OF THE DEFENDANT
____________________________________________


I, xxxxxxxxxxxxxxx of xxxxxHOME ADDRESSxxxxx will state as follows:

1. I am a [state occupation] and the defendant in these proceedings. I make this witness statement in support of my Defence in this case.

2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information.

3: I did not enter into any agreement with the Claimant and I disputes I have any liability to the Claimant as claimed.

4: The Claimant, Mr D, is an Architect.

5:My wife and I purchased our first home on 12th December 2014. The property when purchased had a number of issues; damp, woodworm, dry rot, settlement and it was built on an old river bed.

6: I wanted to explore my options and find out whether an extension was a viable possibility, both physically and financially. I contacted a number of tradesmen, building consultants and architects who visited the property on various days to discuss options and prices, in order to obtain quotations for proposed work.

7: I asked P Consulting (Architectural & building consultant) to view the property and discuss our plans on 16^th December 2014. P Consulting took measurements to save a further visit and the I received the quotation from P Consulting the following week as agreed.

8: I then asked the Claimant to visit my property at xxxxxaddressxxxxxxxxxxx to discuss obtaining a quotation for architectural services ( in order to have alternative quotations to select from).

9: The Claimant visited my home as requested and it was discussed that we ideally wanted a single storey extension with open plan living. The Claimant, my wife and I discussed various ideas and options about creating an extension and the possibility of adding a porch to the front of the property .

10. At the end of the appointment I asked the claimant how busy he currently was, how long it normally took for designs to be drawn, and how much he would charge for his services.

11: The Claimant advised me that the price to draw the designs can vary due to the size of the project and did not give a figure. Instead he said he would be able to send me a quotation for what was discussed in the next few weeks as he was extremely busy over the Christmas period. He agreed to send the quotation to my email address.

12. The Claimant asked if he was able to take the measurements for what was discussed to give me an accurate quotation and if his services were used , this would then save him an extra trip. Previous visitors had done similar.

13. The Claimant did not send a quotation to me as promised.

14. On 6^th January 2015, I received an email from the Claimant with an attachment of a copy of provisional plans drawn. This was received into my email spam folder and only seen when the Claimant telephoned me a week later to draw my attention to it.

15. During this telephone call I explained to the Claimant that I was expecting a quotation as previously agreed, as still at this time I had not been told how much the Claimant charged for his services.

16: I also explained that at no time had I entered into an agreement with him for his services and had not asked him to draw up any plans. I had only asked him for a quotation.

17: I also informed the Claimant I hadn’t made a decision on which, if any, architect I would be using, or if I was going to go ahead with any extension, and that I would be in contact in the future if the Claimants services were required.

18.On the 19^th January 2015 the Claimant sent an email to me stating he had not heard from me. I did not reply to this email.

19. On Feb 2^nd 2015 the Claimant sent me a further email with an attachment of an Invoice for the amount of £450 with an additional £100 plus application fees to be paid on completion of building regulation drawings [EXHIBIT A]

20. On the receipt of this email I telephoned the Claimant to question why he had sent an invoice for services that were not requested. I asked the Claimant not to contact me again or chase payment for services that were not required or agreed. I explained I was currently in Alderhey hospital with my daughter and would not engage in any further conversation with the Claimant.

21. I then received a letter from xxxxxxxxxxxx [EXHIBIT B] informing me of the Claimants intention to bring Court proceedings.

22. I responded to the letter in writing [EXHIBIT C] outlinging my position that I had not contracted with the Claimant.

23: I did not contract with the Claimant and simply asked him for a quotation for his services. The quotation was not given, nor any work or service agreed to and the Defendant denies the Claimant is entitled to the sum as claimed, or at all.

Statement of Truth etc....

[dan_1207]

Re: Advice on Debt Not Owed Please

They've issued? Dear dear, maybe it's our job to teach them another lesson. I'll do your defence on my lunch break and post it up here.

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Can I see the particulars of claim?

[Amethyst]

Re: Advice on Debt Not Owed Please

[dan_1207]

Re: Advice on Debt Not Owed Please

Have you got a copy, Amethyst?

- - - Updated - - -

Great, sorry if I missed this! Leave with me.

[dan_1207]

Re: Advice on Debt Not Owed Please

1. Unless otherwise stated, references below to numbered paragraphs are to paragraphs in the undated Particulars of


Claim. Defined terms used in the Particulars of Claim are adopted below without any admission being made thereby.


2. Save as expressly admitted below, no admissions are made with regard to the Particulars of Claim, and the


Claimant is put to strict proof of each and every allegation made therein.


3. Paragraphs 1 and 2 are denied. In order for the Claimant to successfully claim specified sums due, it is of


fundamental importance that a valid and binding contract must be established between the Claimant and the


Defendant.


4. The Claimant has not contracted with the Defendant and it is a fact that the Defendant has no liability,


contractual or otherwise, to pay the sums claimed to the Claimant.


5. It is evident that the Claimant has no locus standi to enable it to bring the claim against the Defendant.


There is no contractual relationship and the Defendant owes no liability either in contract or tort or otherwise.


6. The Court has the power to strike out the Claimant's case if no reasonable grounds for bringing/defending the


claim are disclosed (CPR 3.4(2)(a):


“(2) The court may strike out a statement of case it if appears to the court –
(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;”


7. The Defendant has, on numerous occasions, advised both the Claimant and his solicitor that there was no


agreement entered into, either express or implied, which would otherwise amount to a contract or agreement. The


Claimant, despite being aware of this, decided to issue proceedings. As the Claimant has no basis on which to


bring his claim, the claim amounts to an abuse of process under CPR 3.4(2)(b) and the Court has the power to strike


out the case:


"(b) that the statement of case is an abuse of process of the court's process or is otherwise likely to obstruct


the just disposal of proceedings;"


8. The Defendant contends that the issue of these proceedings is an abuse of the Court's process and the claim


should be struck out.


9. Additionally, or in the alternative, the Defendant contends that, pursuant to CPR 24.2(a) and (b), the Claimant


has no real prospect of succeeding with the claim against the Defendant and that there is no other compelling


reason as to why the case should be disposed of at trial.


10. It is therefore denied that the Claimant is entitled to recover interest at the rate fo 8% pursuant to the


Court Courts Act 1984 or at all, given no sums are actually due.


11. For the avoidance of doubt, the Claimant is not entitled to the remedies claimed or any remedy at all.


12. In view of paragraphs 1 - 11 of this Defence, it is abundantly evident that the Claimant cannot validly bring,


or succeed in this claim against the Defendant. The Claimant is clearly attempting to obtain money under false


pretences and the Court is invited to award the Defendant's Order, together with the Defendant's cost on the


indemnity basis pursuant to CPR 27.14(2)(g), or other such basis as the Court thinks fit.

[Amethyst]

Re: Advice on Debt Not Owed Please

lovely stuff, thanks Dan

The 'who,what'where'when' bits would be better in the Witness Statement - should the case proceed following your defence.