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Matthew J
Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 550
Experience:  4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
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im in a partnership company within logistics, my company arranges

Resolved Question:

im in a partnership company within logistics, my company arranges the collection and delivery of goods for customers via major couriers eg. dhl, citylink etc.
a customers parcel was lost in transit and a claim was brought against the courier for loss in transit, the claim has finally been paid by the courier and the customer received his insurance payment over 1 month ago, however i've now received a warrant of execution and don't know what to do, he say's it's to recover costs but i don't know about any costs and have had no previous notices regarding any judgements, can anybody offer any advice please?
Submitted: 1 year ago.
Category: UK Law
Expert:  Matthew J replied 1 year ago.

Matthew J :

Hi I will try and help

Matthew J :

1) when you say "he says its to recover costs" who says this exactly?

Matthew J :

2) how much was the original claim for?

Customer:

thank you for your assistance, the letter reads as follows:

Customer:

URGENT

Customer:

TO THE DEFENDANT

Customer:

i am scanning the letter and will attach, one moment please.

Customer:

i'm trying to scan, will reply asap. sorry

Matthew J :

no problem

Customer:

letter
Full Size Image

Customer:

i work from home and make very little money, i can't afford this and need advise please thank you

Matthew J :

and what was the original amount claimed for by the claimant?

Customer:

the claimant paid us £13.19 to collect one parcel he bought off ebay to be delivered to him, the chap we collected from handed over 2 parcels instead of one, the one that had not been booked and paid for went missing in transit and we made a claim on his behalf against citylink for the missing parcel.

Customer:

citylink processed the claim after many months wrangling over qty of parcels shipped

Customer:

citylink made a payment of £53.19 to cover the cost of the missing item and refund shipping costs to him

Customer:

this was then refunded to the customer by ourselves

Customer:

i don't know of any original amount he's claimed for through the courts as i've never had any other correspondence from the courts in relation to this claim

Customer:

but i would assume it was just the amount due plus any expenses

Customer:

the problem lay with the sender handing over 2 parcels instead of one - there were many emails back and forth with citylink who's driver was adamant only one parcel was handed over and one delivered but the sender advised my customer that he'd handed the driver 2 parcels

Matthew J :

thanks

Matthew J :

it is a bit unclear as to how this state of affairs has come about. You will need to speak to the Court to get a copy of all orders that have been made previously to assess exactly what the Claimants have claimed. the amount does seem likely to be the Court fees incurred to get judgement, although why the Claimant has issued proceeding when you are organising the settlement I am not sure.

Matthew J :

The fact remains that there is a judgement that needs satisfying and unless you do something the bailiffs may turn up

Matthew J :

there are two options.

Customer:

the customer has acknowledged the insurance payment from us and advised me that he had started proceedings so he will inform the courts but there will still be costs to pay!

Matthew J :

1) The first is the easiest but will still mean you have to pay the judgement. You fill out form form N245 (link below) and ask the Court to postpone the bailiffs whilst you pay an instalment payments

Matthew J :

2) You make an application to set the original judgement aside on the basis that you were not properly served the papers. this is much harder as the Court has already made the judgement and you have to make this application very soon after you find out that there is an order against you

Customer:

so i have to pay £162?

Matthew J :

ON balance I would say yes I am afraid so, but as I say you can make the application to pay by instalments.

Customer:

that's ridiculous! i'd better get on with it as it's 10th july tomorrow and i only received this letter yesterday!

Customer:

i actually feel sick, i simply can't afford this

Matthew J :

Yes I am sorry that it has come to this for you. There has obviously been some error by the Court or the Claimants for you to not get documents sooner. the problem you have however is that to set a judgement aside you also have to prove you have a valid defence. I am not sure this is possible as it appears that the Claimants have a valid claim against you as you were the contracting party with them, not citylink and so you were the correct person to go after. it is just unfortunate they would not wait for matter to be resolved before resorting to court action.

Matthew J :

I cant always give people advice they would like to hear, but I hope if have been of assistance to you in clarifying your position.

Matthew J :

if you have any follow up question please ask, otherwise I would be grateful if you would leave me positive feed back so i can be paid for my time.

Customer:

hi, i do have another problem but can i come back to you with that tomorrow? i've really got to get onto the court about this, my partner is going to go mental when he finds out! this is all down to the guy sending 2 parcels instead of 1!!! he gets his money back and we're £162 down! just not fair this.

Matthew J :

Of course. If you click to leave me positive feedback the question wont close (you can revisit it in your personal section of the site) and you can re-visit this thread tomorrow to post another question on this topic.

Matthew J :

Just one second however

Matthew J :

are you still there?

Matthew J :

I have had one other thought?

Customer:

hi, yes just completing that form

Matthew J :

On re-reading what you have said did the parcel that wasn't booked in go missing?

Customer:

hi, yes

Customer:

he received one but had only paid for one

Matthew J :

so you contracted to send just one parcel? and that parcel did land?

Customer:

yes that was delivered

Customer:

and we have proof of delivery for that

Customer:

and proof of his booking for one parcel to be collected

Matthew J :

and why did city link accept liability and pay out?

Customer:

because the customer contacted them to confirm 2 had been handed over and so they made a payment

Matthew J :

when were you told 2 were handed over ? (sorry for all the Q's)

Customer:

hi, just trying to find the email from him, one moment

Matthew J :

and also for when you come back to me just to confirm the first you knew of the Court case was on receipt of this warrant for execution?

Customer:

as a gesture of goodwill they honoured the claim, the first i heard of this was yesterday when i collected the mail from our mailing address

Customer:

some correspondence:

Customer:

From: Rhondda WheelCarrier [mailtoXXX@XXXXXX.XXX]


Sent: 15 February 2013 14:12


To: XXXXX XXXXX


Subject: RE: Form Submission


 


Hi Gerry


I have been contacted by citylink who have asked how many parcels you handed over? The booking was for 1 parcel containing two tyres, booked via this link:


http://www.wheelcarrier.co.uk/acatalog/Tyres.html


As you can see from your order - you selected 2 tyres in one parcel @£10.99+vat.


I await to hear from you.


Regards


Rhondda


 


 


-----Original Message-----


From: Gerry Short [mailtoXXX@XXXXXX.XXX]


Sent: 04 February 2013 16:43


To:XXX@XXXXXX.XXX


Subject: RE: Form Submission


 


Hi Rhondda,


I can confirm as the recipient that I did not receive the second tyre. Both tyres were packaged separately in black bags.


I trust all the information you requested is in order.


Regards


Gerry Short

Customer:

then he changes his story after i advised him that he'd only paid for one parcel:

Customer:

Hi Rhondda,


Sender taped both tyres together and both were labelled, one label on each tyre, to save any confusion.


Regards


Gerry


 


-----Original Message-----


From: Rhondda ParcelMachine [mailtoXXX@XXXXXX.XXX]


Sent: 15 February 2013 16:02


To: XXXXX XXXXX


Subject: RE: Form Submission


 


Hi Gerry


Thank you for your swift reply, was it two tyres packaged together as stated on what you booked and paid for which was also confirmed how to package on your confirmation email or was it two tyres packaged and addressed separately?


Regards


Rhondda

Customer:

the driver said he collected only one when he was questioned by the depot, but the system showed he'd collected 2,

Customer:

it's very confusing!

Matthew J :

OK thanks. There may be a case for applying to the Court to get the matter set aside. The first hurdle is to argue there has been an error in serving the papers, which my the look of it there has been as you have only just been advised of the court case and the outcome.

Matthew J :

the second as I have said it to establish that you have a reasonable prospect of defending the matter. It is a bit confusing as you say, but if you can establish that there were two parcels when he only paid for 1, then I cannot see how you could be liable.

Matthew J :

You have an uphill challenge, but you could be successful and get the matter set aside and re-listed, giving you an opportunity of Defending the matter

Matthew J :

the away to do this is to fill out the following form

Matthew J :

putting all the details down

Matthew J :

In all honesty it is s technical thing I am advising you try, and really you ought to employer a lawyer, but his fees will far outweigh the £162 and so if you are mindful to do it I would suggest giving it a go yourself.

Customer:

thank you, XXXXX XXXXX any fees involved in submitting this form?

Matthew J :

yes there is a £40 application fee

Customer:

ok, better than 162 but still wrong in my opinion

Customer:

i'll call the court now and speak directly with them and advise them i'm competing the form to set aside the judgement

Customer:

do i send the payment off with the form?

Matthew J :

yes

Customer:

but this won't reach them in time, deadline is tomorrow!

Matthew J :

probably better hand delivering it tomorrow

Customer:

ok, thats a good idea, its only about half hour drive each way but at least it will be there on time,

Matthew J :

good luck with everything

Customer:

;thanks, XXXXX XXXXX help tomorrow please?

Matthew J :

yes, as I say, if you click to give me positive feedback the question wont close and you can re-visit the question and topic thread later down the line

Matthew J :

Hi I hope my assistance helped you. Do you have any follow up questions?

Customer:

hi, apologies for late reply, I've been hectic with family and work. Thank you for your assistance on my previous problem, I've yet to hear back from the court but the cheque was cashed so I know they're processing the response.

Customer:

I have another problem I would really like some assistance on please, do I pay per question or just one larger lump sum at the end?

Customer:

thanks, Rhondda

Matthew J, Solicitor
Category: UK Law
Satisfied Customers: 550
Experience: 4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
Matthew J and other UK Law Specialists are ready to help you

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