A Claimant brought a claim against a Defendant regarding a number of items of electrical equipment which had been sold to them. The invoice had not been paid for two months and no contact had been received from the Defendant. The Defendant filed a Defence against the claim alleging that they hadn?t received the goods.
A letter was sent to the Defendant pointing out that they had not contacted the Claimant to advise that the goods had not arrived, that the goods were no longer at the premises and that the delivery driver recalls making the delivery but no answer was received.
The Court issued directions to the two parties ordering them to release documentary evidence to each other regarding the claim and then later to exchange witness evidence. The Claimant subsequently found a copy of the dispatch note which was signed by one of the Defendant?s employees confirming that they had received the goods and released this to the Defendant along with other documents. They also sent them witness statements from the delivery driver and their sales manager to show that the goods had been delivered and no complaints had been received.
The Defendant only sent the Claimant a copy of their order form and did not make any reply regarding the signed dispatch note. The Claimant continued to try to contact the Defendant to resolve the matter but they didn?t reply so the matter went to trial. At trial the Judge found that the evidence showed the goods had been delivered and gave Judgment against the Defendant. As the debt had been for more than ?5,000 and as the Defendants had not supplied any good evidence to support their allegations and had not tried to resolve the matter the Judge awarded the Claimant the vast majority of his costs.