Responsibility for Payment

[Wisden]

I am a Chairman of a body funded by the Metropolitan Police. On behalf of the body I chair, I ordered some printing. The police agreed to pay for the printing, but the person could not wait for payment, and went to the Small Claims Court. The police paid the bill in full after five weeks, but the person who did the printing is still taking me to the Small Claims Court for the �45 court fee. Can she take me to Court even though the organisation I Chair ordered the goods?

[jen78]

Is she going after you personally or the body you chair?

Do you have a specific authority to sign on behalf of the body?

Have a word with the police legal department and get their advice and see if they can liaise on your behalf.

[saxy_jag]

Yes, I think she can.

One of our libraries has recently been involved in a dispute with a local newsagent. The newsagent has stated his intention of taking the senior librarian to court. I rather suspect this is because he doesn't fancy taking on the full weight of the council, but it's backfired on him because management have taken it straight to legal services to sort out - and they're used to dealing with much bigger things than a �40 newspaper bill. They're not saying the librarian can't be sued, but they will deal with it in a matter of fact way, so it must be possible for the newsagent to do.

I would suggest you have a word with the people at the Met if you haven't already.

[Wisden]

Jen

She sent all her paperwork to the organisation. The organisation approved the transaction in its minutes. But she is now taking action against me as I assume that she thinks that will be easier than with an organisation backed by the Metropolitan Police.

[themas]

It appears the printer went to Court initially with a claim for the cost of the printing. Who was that claim against - was it you personally or your organisation or the Met.? Did it result in a County Court Judgement? If so, the Court fee would have been included in the judgement and should have been paid along with the rest of the debt.

As the Court fee was not paid, the new claim for it (which will incur another Court fee!) should be against the same person/organisation that the initial claim was against. No-one else can be held liable for it. If the initial claim was not against you personally and the printer insists on issuing a claim against you, you should defend it on the basis that you do not owe the money because it arises from a claim which was not against you.

However, it does seem as if someone should pay the printer the �45 as the debt wasn't paid before a Court claim was issued. So the simplest thing is for your organisation or the Met to pay it, otherwise the amount will increase by the � of the new Court fee.