Dispute with sole trader

djmsemcgrath

I'm after a little bit of advice about the best way to play this situation:

I'll give a high level summary but if there's any details that you're wondering about, let me know and I can go into further details. I'm purposely not going to mention the supplier's name in case that's frowned upon.


- In December 2014, upon recommendation from our wedding venue, we met with a photographer, verbally agreed the services, and received a detailed invoice, which we paid.
- In March 2015, he attended our wedding and took pictures.
- We had some email correspondence following the wedding, and he said it would take a few weeks to process and provide me with a CD of pictures, of which I was to select 30 or so for him to create the album.
- My last email to him was around early May, where I asked him for an update. No response.
- I have been unable to contact him since. Phone calls, voicemails, emails, written letters to his house, and even Facebook messages and wall posts have gone ignored (although I can see he's read them on Facebook).
- I sent him a properly worded letter in October formally requesting the CD, or a refund, within 4 weeks. No response.
- I have gone through Citizens Advice, and Trading Standards, and at their advice, spoke to an approved dispute resolution service (ADR), who, after 5 weeks, were also unable to contact him.
- I have also used the Insolvency website, and phoned them up, to confirm that the trading name has not gone bankrupt. It hasn't.

During the year, I contacted the wedding venue who said they have since stopped dealing with him.

I have copies of all correspondence I sent, as well as copies of the invoice, my bank statement showing the payment, and emails from him agreeing what he would provide.

I assume my next step is either:
- Small Claims Court
- Using the Visa chargeback scheme from my bank?

If I filed a small claims court proceeding, and he refuses to contact anyone, what happens? If he no longer lives at his address, I've heard that my claim can't really be processed?

Does anyone have any advice for the next step for me?

Thanks.

wealdroam

damianjmcgrath wrote: »

I assume my next step is either:
- Small Claims Court
- Using the Visa chargeback scheme from my bank?

If I filed a small claims court proceeding, and he refuses to contact anyone, what happens? If he no longer lives at his address, I've heard that my claim can't really be processed?

You are right, those are your next steps.

The following MSE articles address your questions:

Small Claims Court guide

Chargeback guide

Did you perhaps use a Visa credit card, rather than a debit card?
If so, a claim under Section 75 of the Consumer Credit Act might be more appropriate. See here for further details.

djmsemcgrath

wealdroam wrote: »

You are right, those are your next steps.

The following MSE articles address your questions:

Small Claims Court guide

Chargeback guide

Did you perhaps use a Visa credit card, rather than a debit card?
If so, a claim under Section 75 of the Consumer Credit Act might be more appropriate. See here for further details.

It was a bank transfer actually, so not sure if that's covered by either of the chargeback or section 75 schemes.

Do you know anything about the small claims process - will there be any problems if they can't contact him?

macman

No, it's not covered by anything if you used a bank transfer. If you used a debit card, it would be out of time now-120 day limit.
Small claims- you need to provide a valid address to serve the papers on him, the court don't do the tracking for you. You say you have written to him, so, assuming this is local to you, why don't you go and knock on his door, or at least check he is at that address?
Remember that winning a small claim does not automatically get you your money back, that is a separate process, requiring bailiffs costs if he does not pay.
I am right in thinking that you paid the whole cost upfront?

djmsemcgrath

I did read that debit cards have a 540 day expiry if the invoice was paid for future services, which this was. But, as it was a bank transfer, I guess I'm out of luck with that avenue.

He lives about 200 miles from me - so it's a slight pain to knock on his door, and I didn't want to harrass him in that way. Might look bad for me?

I have his address as per the invoice, as his company website, but all of my letters have gone ignored, and when I sent a recorded delivery, the signature I got was someone with his surname, but a different first name (maybe his wife?).

I can give this address to the courts, but if he's moved out, maybe seperated from his wife, etc, or even if he pretends like he's never received it, what happens then? How can I prove he lives there?

I paid a 10% deposit in November, then the remaining amount in December, ahead of the photos being taken in March. I guess we didn't take as many precautions as normal because he was a photographer recommended and supplied by a venue, so it's reasonable to assume he was legitimate. By "supplied by venue", I mean he was on their recommended suppliers list and we got his contact details from the venue, not that he was employed by them in any way.

macman

Easy to establish if he's still trading. Simply contact him for a quote using another email address or name. If not trading, there may be a valid reason-he's gone bust, ill, in hospital, or deceased.
Knocking on someones's door to ask for your goods or services is not harassment, unless you do it repeatedly or using threatening behaviour.
Is he on the electoral roll at that address-very easy to check.
Serving papers:
http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

Start with an LBA first, give him 14 days to supply or refund.

djmsemcgrath

How can I view the electoral roll? Is there a website I can use?

Hmm, good idea about contacting him from another phone or email address to get a quote. If he replies, presumably that counts as proof which can help my small claims process?

macman

Try googling 'view electoral roll'. Just like I did for 'serving court papers'.
Not really, because even if he wasn't trading, you still have a claim against him as a sole trader, as he is personally liable for any debts.. What matters is whether it is worth claiming. The purpose is to find his valid address. If not, use the one on his website.
You can also look up the data relating to his domain name, if he has one:
http://www.nominet.uk/whois/

naedanger

damianjmcgrath wrote: »

I did read that debit cards have a 540 day expiry if the invoice was paid for future services, which this was. But, as it was a bank transfer, I guess I'm out of luck with that avenue.

He lives about 200 miles from me - so it's a slight pain to knock on his door, and I didn't want to harrass him in that way. Might look bad for me?

I have his address as per the invoice, as his company website, but all of my letters have gone ignored, and when I sent a recorded delivery, the signature I got was someone with his surname, but a different first name (maybe his wife?).

I can give this address to the courts, but if he's moved out, maybe seperated from his wife, etc, or even if he pretends like he's never received it, what happens then? How can I prove he lives there?

I paid a 10% deposit in November, then the remaining amount in December, ahead of the photos being taken in March. I guess we didn't take as many precautions as normal because he was a photographer recommended and supplied by a venue, so it's reasonable to assume he was legitimate. By "supplied by venue", I mean he was on their recommended suppliers list and we got his contact details from the venue, not that he was employed by them in any way.

Taking a sole trader to the small claims court can be risky. Firstly the papers do need to be served on the correct person. And it is up to you to ensure that happens. (So if for example you could not trace the person then unfortunately that is a problem for you to resolve.)

Then even if you win your case you may have difficulty enforcing payment. Indeed you should probably check before taking the case to court that you have a reasonable chance of seizing assets if they don't pay.

I am not saying you should not sue the person. Just that it can be more difficult actually getting your money back from a sole trader than it would be if the defendant was a large company. Especially if the defendant is deliberately awkward and has no obvious assets.

djmsemcgrath

Thanks naedanger, I understand that. However, I feel like the amount of money spent is worthwhile to try and chase down. He is a photographer, who has actually set up 2 new websites in the last month focusing on different types of photography, so presumably, he's taking bookings and has a decent income (including renting a studio), and has expensive photography equipment. I think he's likely to have obvious assets.

I also believe my case is pretty strong as I have a lot of documentation, and some helpful additions, such as the venue attempting to contact him by telephone, getting through to him, then when they explained about me, he hung up on them. I have an email from the venue confirming this happened, which paints him in a bad light.

My one and only concern is about actually getting money back, and this concern comes from 1) the courts not being able to find him. I can supply an address but he's ignored me so why not ignore the courts and 2) even if I win, enforcing payment might be tricky.

I was hoping to get some tips about those 2 points, but I guess there's nothing anyone can do really, just hope for the best.

Undervalued

damianjmcgrath wrote: »

Thanks naedanger, I understand that. However, I feel like the amount of money spent is worthwhile to try and chase down. He is a photographer, who has actually set up 2 new websites in the last month focusing on different types of photography, so presumably, he's taking bookings and has a decent income (including renting a studio), and has expensive photography equipment. I think he's likely to have obvious assets.

I also believe my case is pretty strong as I have a lot of documentation, and some helpful additions, such as the venue attempting to contact him by telephone, getting through to him, then when they explained about me, he hung up on them. I have an email from the venue confirming this happened, which paints him in a bad light.

My one and only concern is about actually getting money back, and this concern comes from 1) the courts not being able to find him. I can supply an address but he's ignored me so why not ignore the courts and 2) even if I win, enforcing payment might be tricky.

I was hoping to get some tips about those 2 points, but I guess there's nothing anyone can do really, just hope for the best.

Then it must be possible by making a fictitious enquiry to establish a current address.

I agree with others it may not be an easy ride if he is determined to be difficult. However it should be possible if you put enough effort in.

Ultimately only you can decide how much time and energy you are prepared to devote to this.

Does he claim to be a member of any of the recognised professional photography associations or trade bodies? If so a complaint there may help although they have no statutory powers.

Regarding the electoral roll. I may be wrong but can an individual not opt out of the publicly available version?