Small claims court successes

Castle

Foolah wrote: »

I want to take a company to court regarding a Data Protection Breach, but there is a fee of £410 t do this and it is only payable upfront. Is there not another way of doing it?

You can simply issue a claim for damages under section 13 of the 1998 Data Protection Act of £x amount and pay the filing fee (£25 on MCOL if your claim is £300 or less).

Castle

Taylorson wrote: »

I have won a case for £2500 for a double glazing firm M & S Windows in Chorlton for return of deposit for installation not carried out. Warrant was issued and bailiffs went twice. At the premises the bailiffs were told that the firm was no longer trading, but what they had actually done was started a Ltd company called LydiaVale Ltd trading as M & S Windows. They are at the same premises, same people, same web site, same phone number. Can I still pursue them for my money?

The simple answer is No.

However with regards to your case against M & S Windows; was it against a LTD Company?

Taylorson

No they were not Limited, they were called M & S Windows, but they are now operating under the name Lydia Vale Ltd ' trading as' M & S Windows.

Taylorson

Just another brief comment. When looking into M & S Windows history they have changed their name on numerous occasions. Could this be to avoid liability to customers?

tomtontom

Taylorson wrote: »

Just another brief comment. When looking into M & S Windows history they have changed their name on numerous occasions. Could this be to avoid liability to customers?

Quite possibly. Look up "lifting the veil of incorporation", it may be possible to enforce the debt against the new company.

unholyangel

Taylorson wrote: »

No they were not Limited, they were called M & S Windows, but they are now operating under the name Lydia Vale Ltd ' trading as' M & S Windows.

If (for example) the original company was a trader trading as M&S Windows but they have now set up a Ltd company, you can still chase the trader.

The only time you should have an issue is if you contracted with a party with limited liability and that company goes into liquidation. A Ltd company means any claim against them is limited to business assets - so you can't chase the directors of the ltd company for the debt, only the company itself.

Taylorson

So what you are saying is that they were previously trading as M & S Windows and they are still trading as M & S Windows. I will look into that. The success with the CCJ seems to mean nothing because they ignored every letter sent by the Court. The system is wrong. It does not support the customer. I think it is an area where there needs to be some adjustment to legislation.

unholyangel

Taylorson wrote: »

So what you are saying is that they were previously trading as M & S Windows and they are still trading as M & S Windows. I will look into that. The success with the CCJ seems to mean nothing because they ignored every letter sent by the Court. The system is wrong. It does not support the customer. I think it is an area where there needs to be some adjustment to legislation.

No, what I am saying is that the trading name has nothing to do with it. They could have been set up as (again, for example only) Window Vale Ltd trading as M&S windows and now be Lydia Vale Ltd trading as M&S windows - thats 2 different entities and you'd only be able to recoup your losses from Window Vale Ltd even if the new company are using the same trading name.

If the directors of Lydia Vale Ltd were previously just a trader with no ltd (or LLP, association etc status), then you may be able to chase them personally.

However they also might be ignoring your judgement if you have a judgement against the wrong entity. For example if you have received a judgement against M&S windows rather than Joe Bloggs t/a M&S windows.

Taylorson

I've just read a few articles on this. Really interesting.

Castle

unholyangel wrote: »

No, what I am saying is that the trading name has nothing to do with it. They could have been set up as (again, for example only) Window Vale Ltd trading as M&S windows and now be Lydia Vale Ltd trading as M&S windows - thats 2 different entities and you'd only be able to recoup your losses from Window Vale Ltd even if the new company are using the same trading name.

If the directors of Lydia Vale Ltd were previously just a trader with no ltd (or LLP, association etc status), then you may be able to chase them personally.

However they also might be ignoring your judgement if you have a judgement against the wrong entity. For example if you have received a judgement against M&S windows rather than Joe Bloggs t/a M&S windows.

+1
Who's name was on the judgement you got?