Baffled over court costs.

[strawberryandcream]

I'm being taken to court for a bill that is not mine. Moved house but company kept delivering even though they acknowledged I 'd asked them to stop. So I did the 180 mile round trip to old house to ask new owner for the money. He gave it to me. Told other partys solicitor I have done that. They are ignoring me so is the company. Do I still have to go to court if I hand over the money the new owner gave me? And do I still have to pay court costs and solicitors costs ?
Any suggestions would be welcome. All i need ontop of a messy divorce and 2 sick kids!!

[prh47bridge]

I'm not clear what has happened here. What did they keep delivering? Was there a contract which you needed to cancel? Why is the new owner of the house paying? Have you pointed out to the company's solicitor that they continued to deliver whatever it was after they had acknowledged you had told them to stop?

[strawberryandcream]

Coal! I asked for no more to be delivere when i moved but they did then billed me! New owner tried to find out where a ton of coal had come - he tried 3 local companies one of which is the one taking me to court. That is why he offered to pay - except company wont take money from him saying they invoiced me and want it from me. They acknowledge in writting via solicitor I had cancelled. Yet for some stupid reason the solicitor sees fit to still take me to court. If I hand over the money I was given from the new owner am I liable for court costs? I'm out of pocket by driving 180 miles plus taking time out of work etc.

[strawberryandcream]

Thanks. On top of the invoice amount they wanted interest on that amount plus court fees and solicitors costs. I thought the onus was on them to prove I owed it not for me to prove I didn't! It seems anyone can take you to court and you have to spend time and money defending yourself for something you haven't done!! Even the people at mediation said it wan't a case for them because it was not my debt.

[LemonDifficult]

If you have no contract with the coal company they will find it very difficult to tak eyou to court. You should not owe any fees until after a court case and if they (coal company) have been paid there will be no court case.

[strawberryandcream]

I thought about ignoring it but would have got a judgement against me at my old address. I am a book keeper so it would not look good if I had a ccj. Also I would not get credit as I would have to give that address as a past address.
Maybe I shoud bill them for my time, fuel etc and take them to court. See how they like it. lol.

[azazello]

Send them the money recorded delivery (and ask them to confirm receipt), then write saying you will issue a counter claim against them for the cost of your time, fuel and postage to sort it out.

[prh47bridge]

Anyone can take you to court and claim you owe them money. However, unless they can show that you do actually owe them money they will lose. They don't have to prove the debt until you get to court.

In the circumstance I would go on the offensive and write to the solicitor stating out that you do not owe any money as this relates to coal that was delivered after you cancelled your order and they acknowledged that it had been cancelled (include copies of the correspondence). You are therefore disputing the debt. Remind them that under OFT guidance they are required to cease all debt recovery activity whilst investigating the disputed debt. Tell them that if they continue to pursue you for money you do not owe you will treat this as harassment and refer the money to the police. I would also state that any further demands for money from the company will be referred to their local Trading Standards Department.

I would return the money to the current occupant of your old house. As the coal has been delivered to them without being ordered it is classed as unsolicited goods which means they do not owe the company anything. It is an offence for the company to demand payment for unsolicited goods.

If they do continue to chase for this money I would indeed complain of harassment to the police and would also contact Trading Standards. As long as you have kept the correspondence cancelling the order and/or acknowledging cancellation I don't think you have anything to fear even if this does go to court.

[strawberryandcream]

Thanks for that. They have already taken it to court. It is up for a hearing next month. In the middle of a messy divorce (husband committed adultary with a friend - so called friend) so last thing I need is to hauled infront of a judge. I live 60 miles from the court and have no family near so childcare is a big issue as I am new to this area.

[Chocobo]

Hi OP
Just to let you know if you are an individual and the other side is a company or has solicitors instructed you can usually have the case transferred to the court closest to where you live so it might be worth asking the court about this if the hearing is definitely going to go ahead. In fact I am surprised that the court did not automatically transfer the case.