Getting billed for failing to attend a party.
A five-year-old boy has been billed for failing to attend a friend’s birthday party – resulting in legal action.
Alex Nash, from Cornwall, was invited to the party just before Christmas.
An invoice for £15.95 was sent by his schoolfriend’s mother Julie Lawrence, who said Alex’s non-attendance left her out of pocket and his parents had her details to tell her he was not going.
Alex’s father Derek said he had been told he would be taken to the small claims court for refusing to pay.
That’s seriously childish. People accept invitations and don’t turn up all the time. You factor it in when planning the event. Frankly, I’d tell them to go ahead and sue. And in the very unlikely event that it went against me, I’d still not pay. The likely outcome, though, is that the court would kick it out because it is wasting their time and is clearly frivolous. And, of course, there is no contract in place. Unless there was clear advice that this would be a penalty for not turning up, they cannot now impose a retrospective contractual penalty. So, no, this is a non-starter.
Small claims court cannot enforce payment even if the ruling does against the non – attendee. So the party host will be further OT of pocket for the court costs.
Indeed. A couple of hundred is the going rate at the moment if I recall correctly. Hence my reaction would be”sue and be damned”.
This is how SCC can work:
Take debtor (genuine) to SCC.
Debtor ignores SCC.
Request SCC took make decision in your favour. Does so and informs debtor now owes original debt plus SCC costs.
Debtor ignores.
Pay fee to court to examine debtor for assets. Court sends request to debtor to attend court.
Debtor ignores but is now in contempt of court. Bailiff knocks on debtor’s door to say; “hello, I’ve come to take you to jail for contempt of court”. Debtor gives bailiff cheque for debt and all court costs.
SCC sends cheque to plaintiff.
We had one guy pay us the original debt when he was summoned to court. Because he hadn’t paid costs, the bailiff still went round and he had to pay the full debt which was sent to us. We took the view that we’d repay the overpayment when he came to us and ask for it. Funnily enough, he never did.
Fully agree though, this case is just stupid and will fail because original invite was, presumably, unsolicited.
I bet that the woman who sent the invoice regrets it now that it has been all over the media.
Invoice in haste, regret at leisure.