County Court Proceedings

[gingerslove]

2 years ago I got married, and I paid the photographer for the photographs and album I wanted, which came to �650. He dropped the preview album off at my house when neither my husband or I were home and left it with our teenage children, but didn't say when he wanted it back. Over time, my husband and I moved house and the album went to the back of our minds, as it wasn't something we looked at regularly. We received a letter from the photographer which had been redirected and contacted him numerous times by phone, but he never called us back. Eventually, I managed to contact him on the phone, and he was very abusive toward me and swore at me, upsetting me considerably, so I gave the phone to my husband. The photographer refused to come to our home and pick the album up, or discuss with us which photographs we would like and how we would like them presented in our album. My husband made an arrangement to go to his house and deliver the album and a list of photographs, but when he went to the house, there was no answer to the door. He then went back a couple of days later, and again, there was no answer, so he put a note through the door. Since then, we have had no contact with this photographer and yesterday, we received a summons to the county court from him saying we had been refusing to return the album and we had to pay �1500. What can we do? Will we have a county court judgement entered against us and if we do, what can we do about that? We are more than willing to give this man the album back and have the photographs we have paid for. I can't understand how we could owe him �1500 either since we have already paid the agreed amount of �650 and the cheque definately cleared.

[sara3]

I don't know the answer to your question but any reasonable person would see that you had done your best to honour your side of the deal.
personally I would contact the local trading standards to report him and to see if anyone else has complained about him, and use any info against him should it go to court. if he belongs to any photographic type professional body, report it to them too. you will need any evidence for court so at least have a bank statement to prove you've paid him, and make a diary style list of what you have done to try to return the album.
I would also contact the court and explain why this man is wasting everyone's time. I'm sure they won't take it lightly.

good luck to you. he sounds like a complete arse.

[gingerslove]

I forgot to add that I have contacted my mobile phone company to get copies of the bills with his phone number showing, and my husband has done the same with his mobile phone provider and I will also be contacting BT to see if they can search on my landline bills for the times when I contacted him by telephone, as he claims that we have never contacted him at all in his summons.

[buildersmate]

This is a summons - not a judgement. You only get a judgement against you if you lose the case. He is using the special procedure for smaller claims in the County Court (sometimes referred to as the Small Claims Court).
Read the stuff here and work out what you can best say to the judge. You need to subnit a written response before the hearing date.
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

[Barmaid]

What you MUST ensure you do is return your acknowledgement of service within 14 days saying you intend to defend it. You must then file a defence within a further 14 days. Failure to do so will mean that there will be judgement in default entered against you.

Do you have a copy of the original contract with regard to the photographer?

You may also wish to put in a counterclaim since you have already paid for an album that you have not received.