Small Claims Court - very confused.
jord79
Posts: 22 Forumite
I am new to the site and I am hoping this is the correct section for my post?
I am self employed. A few months ago I was contacted by a nursing home and was asked to quote for garden improvements. I quoted £700 and was offered the job. £380 was spent on tipping fees to get rid of the hedges and garden waste. After completing the work I went to collect payment but I was given the run around.
I submitted several invoices but it was not paid. After waiting patiently I contacted the person who had asked me for a quote and he told me that head office had not paid him, therefore he was unable to pay me. I contacted head office who then told me that they had paid the person who asked me for a quote but he had been sacked because he had not been paying various workmen.
After 5 months I decided to start a claim through the small claims court. After searching on the internet I discovered it was a company who managed 6 care homes throughout the UK. I put their details on the claim I was making.
Yesterday I received a letter from money claim which stated that a defence has been filed.
The following is stated.
I (myself) was not employed directly by the company to provide garden work. I was given the job by a contractor who had been employed by them to find workmen. They had paid the contractor in a timely manner and therefore they was not liable. Liability is with the contractor who is no longer employed by them.
Details of the contractor was provided.
Last night I did some searching online and it is showing that the contractor became bankrupt in 2014. 2 years before he asked me for a quote.
The VAT number provided for the contractor on the money claim defence sheet is not the same VAT number shown online for the contractor.
Moving on I don't know how to proceed or if I can proceed?
Can anybody offer me any advice please?
I am self employed. A few months ago I was contacted by a nursing home and was asked to quote for garden improvements. I quoted £700 and was offered the job. £380 was spent on tipping fees to get rid of the hedges and garden waste. After completing the work I went to collect payment but I was given the run around.
I submitted several invoices but it was not paid. After waiting patiently I contacted the person who had asked me for a quote and he told me that head office had not paid him, therefore he was unable to pay me. I contacted head office who then told me that they had paid the person who asked me for a quote but he had been sacked because he had not been paying various workmen.
After 5 months I decided to start a claim through the small claims court. After searching on the internet I discovered it was a company who managed 6 care homes throughout the UK. I put their details on the claim I was making.
Yesterday I received a letter from money claim which stated that a defence has been filed.
The following is stated.
I (myself) was not employed directly by the company to provide garden work. I was given the job by a contractor who had been employed by them to find workmen. They had paid the contractor in a timely manner and therefore they was not liable. Liability is with the contractor who is no longer employed by them.
Details of the contractor was provided.
Last night I did some searching online and it is showing that the contractor became bankrupt in 2014. 2 years before he asked me for a quote.
The VAT number provided for the contractor on the money claim defence sheet is not the same VAT number shown online for the contractor.
Moving on I don't know how to proceed or if I can proceed?
Can anybody offer me any advice please?
0
Comments
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Hi
If the contractor became liable for the bill after being discharged from bankruptcy they will still be liable.
I think it’s worth contacting my colleagues at Business Debtline for advice as they can discuss the liability, court claims, and recovering money owed to a business.
www.businessdebtline.org
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Hi Is there a cost for the service?0
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Would the contractor not be liable, so long as deal was entered into before bankruptcy was granted0
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The job was provided to me after the contract had been made bankrupt. I only found this out yesterday. Bankrupcy happened in 2014 and he continued contracting workmen for the nursing home agency but kept all payments for himself.0
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