Pre Action Protocol in the Civil Procedure Rules

Sir,

I debtor whom I have served notice prior to referring to MCOL has cast doubt upon my adhering to "Pre Action Protocol in the Civil Procedure Rules". Can you clarify what these are in relation to the Small Claims Court? As far as can see, going by www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#IDALXA2 there is no clear reference to it regarding debt collection via SCC. I might add that I have issued the usual two collection letters, statements etc before any letter suggesting I will take any legal action. However this debtor is using language that suggests he has taken legal advice already and I dont want to come unstuck on a point of procedure.

Thank you,

Patrick Cloonan.

Hi Patrick

What "Pre Action Protocol in the Civil Procedure Rules" is the debtor claiming you have not adheered to ?

If you have issued a demand and advised failure will lead to your taking further action then I wonder if they are trying to bluff you.

Can you give us some more information ?

I quote from my debtor:


"One of these relates to a job just found and after all this time it puts us at serious prejudice to simply now raise that and, if you were to bring a claim for these alleged outstanding debts, we would defend on the grounds that the contractual terms (which can be verbal) of the agreement for those jobs were that you would be paid cash on delivery or collection. We know that we paid cash on delivery for these invoices. We would ask that you are put to strict proof that you were not paid. We would also evidence that where there were jobs we were to pay, we paid as mentioned also above.

As you will be aware, you have to prove to the court your claim and in view of the above, we do not believe you would be able to do that. We would also point out to the court the serious prejudice to us in proceedings for this matter along those lines also from chasing our clients for money you think are owed to you to have only now been raised after all this time. We would remind you of the Pre Action Protocol in the Civil Procedure Rules with regards to pre action conduct and taking proceedings and the overriding objective to avoid proceedings."

Once again, whilst we sympathise with your situation, we will not pay for something that we do not believe we owe."

From Patrick:

The cash on delivery is nonsense by the way, and surely for him to prove not me, I have always invoiced him unless instructed otherwise in writing.

Thanks.

Patrick wrote:

We know that we paid cash on delivery for these invoices. We would ask that you are put to strict proof that you were not paid. We would also evidence that where there were jobs we were to pay, we paid as mentioned also above.

We get debtors trying the "oh we paid cash" line quite regularly.

Ask them for copies of the receipts, as any reputable business will surely ask for a receipt when paying cash...

No receipt = no proof of payment generally.