Small Claims Court guide

Atidi

nantwichpotter wrote: »

Having looked around for a supercar hire company, I found that thePrestige Car Club looked about the best...however I wish I hadn't bothered now.

I booked a Range Rover Vogue SE for my 10th Wedding anniversary totake my wife away for the weekend. On the day it was supposed to be delivered,I received a text message from [name removed] (Managing Director) to say thevehicle had been damaged by the previous customer the day before and that Iwould have a Mercedes C63 AMG Black Edition instead. When the car arrived - 3hours late, it was only the normal Mercedes C63 AMG. The car was extremelydirty, having been driven up from London to the north-west and the driveroffered me £15 for me to take the car to be cleaned. I refused and made themtake it to be cleaned.

The car however was fine and very enjoyable and I was pleased withit in the end.

However 7 weeks after returning the car in perfect order, andsigned by the driver collecting it to say there was no damage etc, I am stillwaiting for my deposit to be refunded. £1000.00

Despite many calls to the owner of the company and emails andtexts, he keeps promising that the payment has been processed when it obviouslyhasn't. I am still waiting today for my refund.

I have researched the internet and discovered that this person /company has many complaints against them where money is not being refunded andpeople have given up and wrote it off due to the costs to make a legal claim.There are also reports that Surrey police are trying to put a case together andthat [name removed] has already been summoned to appear in court for similaroffenses.

What is my next course of action?

LOL.

As far as I can see, this particular company of which you speak has only existed for 10 weeks.

If they already have numerous complaints against them, and the director has previous for committing similar offences, I think you may as well kiss good-bye to that £1000 you handed over. (like you claim others have)

Next time, use a credit card when hiring a vehicle, particularly from a limited company that that had only been in existence for 3 weeks. Then there should be no reason to hand over hard cash as a deposit

s394010

Long story short,

My iPhone 4s has a fault the wifi chip in the phone has failed and the phone is 14 months old.

I spoke to my provider T-mobile/EE and Apple (the later becuase EE said it wasn't anything to do with them.

Apple said it was a hardware fault and that under uk law my provider would sort it out which is what i thought was reasonable.

I spoke again to EE they said i could pay to get it repaired £100 for a refurbished phone or do nothing.

I said under uk law it had to be as specified and last a reasonable amount of time which for a £550 phone on a 2 year deal i don't think 14 month is a reasonable amount of time.

I explained that after speaking to Apple they identified it as a fault not neglect and i felt it laid with under uk law to replace or repair the item them but they basically said tough they had an arrangement with apple and i would have to pay £100 to have it repaired.

Now i think i have a case am i wrong?

Stuart

jstvj

I have a claim for £1300 against a sole trader who works from his own home. I am retired with many health issues and can't afford good money after bad.

Is there some way I can establish if he owns his home before proceeding ?

Computersaysno

costs about £7 from Land registry to find out who owns a property

jstvj

Computersaysno wrote: »

costs about £7 from Land registry to find out who owns a property

Thank you for your advice.

Just one other question please. The proposed Defendant is a sole trader who operates under a business name. Should I sue him personally or use the company name ?

gb12345

jstvj wrote: »

Thank you for your advice.

Just one other question please. The proposed Defendant is a sole trader who operates under a business name. Should I sue him personally or use the company name ?

Personally - the "company" name is just a trading name and not a legal entitiy. It is the individual that owes you the money.

jstvj

gb12345 wrote: »

Personally - the "company" name is just a trading name and not a legal entitiy. It is the individual that owes you the money.

Thank you. That's what I thought, but I wondered if I should add "trading as" ?

Land_Registry

If you want to check ownership of a single registered address in England & Wales then use our online Property Ownership service
It costs £3 per register view/download (£7 by post)

Crazy_Jamie

jstvj wrote: »

Thank you. That's what I thought, but I wondered if I should add "trading as" ?

You should. So the Defendant's name would appear as <Name> (t/a <Company Name>).

jstvj

Another problem has now come to light. My case concerns work I had done on my vehicle approx 300 miles from my home. I know the address where the work was carried out, which I thought was the Defendant's house. The problem is I don't have a house number. However, I first located this person via an EBay listing and on checking again his "Sellers Legal Information" provides a different (but full) address.

Which address would you use for service ?