Small Claims advice needed please.

davemorton

I wish to take a company to the small claims court (county court?) for approx £1000.
It is not a limited company, so when I fill the form in online, do I only need the company's name/address, or do I need the owners name/address (and if so how do I get it?)
Also, I sent the notice of intent approx. 7 months ago, the reason I have not proceded further since then was that I was promised a remedy to the problem, which has never materialised. Do I need to send another notice of intent, or with the one I sent before be enough?
Many thanks.

redsclubbedup

i have been through the process over the past year and would just warn you, that if they know what they are doing even if you win (like i did) you can spend months and alot more money chasing them for the cash. That said as it is a compnay you may have more luck

i sent a couple of emails to threaten court action, but not letter of intent as such, and the case went ahead wiht no issues

be aware that it will cost you £65 to register the case, obviously expenses too if it does go to court (which you can claim if you do win) but even if they do find in your favour (like they did with me) you may well have to pay £100 to send the baliffs in - and if they cant track the person down (they simply dont answer the door seems to be enough!) then they return this warrant, and form what i can tell you have lost another £100 !!!

best of luck with it, but dont expect to see the ££ any time soon !

Equaliser123

davemorton wrote: »

I wish to take a company to the small claims court (county court?) for approx £1000.
It is not a limited company, so when I fill the form in online, do I only need the company's name/address, or do I need the owners name/address (and if so how do I get it?)
Also, I sent the notice of intent approx. 7 months ago, the reason I have not proceded further since then was that I was promised a remedy to the problem, which has never materialised. Do I need to send another notice of intent, or with the one I sent before be enough?
Many thanks.

If it is not a company then there cannot be a company name and address.

If it is a partnership or sole trader then the names of the individuals with "Trading as [business name]".

It would be good practise to send another letter before action but not totally vital.

davemorton

Thanks for the advice so far.

Equaliser123 wrote: »

If it is a partnership or sole trader then the names of the individuals with "Trading as [business name]".

Since it is not stated as Ltd. on the company cards/stationary etc, I must assume it is a sole trader/partnership. Would I be able to get the details of who owns the company from companies house or somewhere similar?

Equaliser123

davemorton wrote: »

Thanks for the advice so far.



Since it is not stated as Ltd. on the company cards/stationary etc, I must assume it is a sole trader/partnership. Would I be able to get the details of who owns the company from companies house or somewhere similar?

If it is a Limited company then who owns it is academic - you sue the company not the shareholders.

If it is not a limited company then it must be a sole trader or partnership.

davemorton

Yes, its a sole trader or partnership, but having trouble now working out who that is as their name is not listed on any of the company literature, I only have the business card of the person I dealt with in the company and it says he is the 'marketing manager' :-(

Equaliser123

davemorton wrote: »

Yes, its a sole trader or partnership, but having trouble now working out who that is as their name is not listed on any of the company literature, I only have the business card of the person I dealt with in the company and it says he is the 'marketing manager' :-(

What is the name of the business? Do they have a website?

davemorton

Patterned Concrete Services (North East)

I cant find a website for them, they are sited within a Dobbies Garden center. I tried calling Patterned Concrete Services (who do have a website) but they are not the same company.

Equaliser123

Hmmm. Tried calling and asking?

davemorton

No, think that is my next step, its just I cant see them being very forthcoming with any information. Madness that you need to know who owns the company before you can take them to court. Anyway, thanks for all the help Equaliser.

Equaliser123

davemorton wrote: »

No, think that is my next step, its just I cant see them being very forthcoming with any information. Madness that you need to know who owns the company before you can take them to court. Anyway, thanks for all the help Equaliser.

My advice would be - call them. Say you have a summons to issue and serve and you want to make sure it is done appropriately.