How will a county court react to an offer to pay part of a disputed debt?

[lmol]

Over 3 years ago I took my car to a garage for some work. I was verbally quoted £150 - £180. When I picked up my car I offerred payment but was told they would send me an invoice. Over a week later I called in with the cash and they were not able to find the bill so again said they would send it. Over 18 months passed when I received a call saying I owed £280. I discussed the verbal quote with the lady who said she would sen d out the original invoice. Nothing was received and no other contact made. Last week (almost 3 and half years after the original work was done) I received a letter from a debt agency acting on behalf of the garage giving me 3 days to pay or they would issue County Court papers. I responded immediately offering to pay the £180 quoted. They insist they have made several attempts to call and write to me but I have received nothing! I have again offered to resolve this by paying £180 but am told their clients will go ahead and issue court papers next week. How will the court be likely to see both our positions on this?

[mike11111]

This is odd. Unfortunately you only have a verbal contract to rely on so it depends upon whom the court will believe. Having said that debt agencies will normally have bought the debt from the creditor for considerably less than the original amount, so I am surprised that they haven't bitten your hand off to get what you have offered. They would certainly have paid a lot less than £180 for it.

[dzug2]

Well there's the possibility it was an estimate rather than a quote?

One possibility is to pay the £180 into court once the papers have been served.

[factor-fiction]

Hi- when you picked your car up and they said they'd send you an invoice did they mention the final price then or did you ask what the bill amount was?
It seems odd that they didn't try harder to chase you more vigourously earlier for the money.

[peter_m]

Hi,
You had a contract with the garage. The contract was verbal and expected you to pay on demand between £150 -£180. You have show a gesture of good will where you offered payment upon retrieving your car and then again a week later. Due to their negligence your invoice was misplaced and you had no way of settling this payment. Debt recovery found your address ok so I am sure your garage had your address on file. In any court you are a winner.
1 - You had a verbal contract
2 - You have repeatedly offered to pay due sum.
Try not to get scared by debt bulling companies cos they want their share.
If the case does reach small claims court the garage will be liable for legal costs as based on your questions it was their negligence. You have just asked for what is legally yours, your invoice that you can demand upon buying goods or services.
It might be the case where the garage wanted to do cash in hand job without declaring to HMRC that makes this mater more interesting for Revenue Services.