Dispute with sole trader

unholyangel

Okay,

The venue....even if they had been paid a fee for their referral, you would have to prove they had been negligent - unless there is a contract with them to provide the services that have not been provided then you can't hold them to a breach of contract like you can the supplier. They have a duty of care - but they need to have been negligent in that duty of care in order to have any liability.

You could also get quotes for what it would take to a) reshoot the photos and b) have an album done by someone else from the original photos (yes a judge can order them to hand them over - if they exist) and (if it ever gets to court) say to the judge you'd be willing to adjust your claim to x amount if the photographer provides the photos to you - and that you'd much rather that solution as then you'll have the pics of your actual day with everyone there and no loss of enjoyment (weddings are one of the few times its sometimes possible to claim this).

You might have to ask around a bit to get someone willing to edit someone elses work - but if he does still have the original photos, it would be worth it.

djmsemcgrath

Everyone has been incredibly helpful on here, and it's given me a few avenues to explore. I will update this thread as and when things progress to provide an ending to the story.

There is 1 area that is causing me concern, and I did discuss it earlier, but I got a bit confused.

I have an address for him, which was on the invoice. It appears to be a normal domestic address, according to what I can see on Google Street View. I also have a studio address. I have sent recorded delivery letters to both, but I haven't got his signature on either of them. His phone number is a mobile.

What address do I give to the court during my application, and what happens if he's moved since?

His website has his studio address on, but I can't definitively prove he's still there.

naedanger

damianjmcgrath wrote: »

What address do I give to the court during my application, and what happens if he's moved since?

The following is worth a read. (However I think there must be more to it than what is stated, so wait on what others say.)

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

unholyangel

damianjmcgrath wrote: »

Everyone has been incredibly helpful on here, and it's given me a few avenues to explore. I will update this thread as and when things progress to provide an ending to the story.

There is 1 area that is causing me concern, and I did discuss it earlier, but I got a bit confused.

I have an address for him, which was on the invoice. It appears to be a normal domestic address, according to what I can see on Google Street View. I also have a studio address. I have sent recorded delivery letters to both, but I haven't got his signature on either of them. His phone number is a mobile.

What address do I give to the court during my application, and what happens if he's moved since?

His website has his studio address on, but I can't definitively prove he's still there.

I'd go with the one he gave you on the invoice tbh - its the one he's chosen to give for communications.

If you want to know if he's at the same studio, are there any businesses near by? Call them and ask. Or see if the town has a FB group or a forum and ask them. Just be careful not to say anything thats untrue or subjective. You're trying to contact him as you've been waiting x months for your wedding album.

BTW did he charge you VAT? Is he VAT registered?

djmsemcgrath

If I give the court that address, and they write to him, and get no response, will that be an automatic judgement for me, or will the case get thrown out because he's uncontactable?

bod1467

If he doesn't respond then you'll likely get a default judgment.

If he had actually moved then he'd be able to apply for a set-aside (which would cost him £150+) ... if that was granted then the claim would be reheard. If he then won the set-aside cost would be claimable against you (I think); if he lost then the original judgment would stand (unless the judge came to a different conclusion on claim value) - the set-aside cost would still be his.

A lot of IFs.

naedanger

damianjmcgrath wrote: »

If I give the court that address, and they write to him, and get no response, will that be an automatic judgement for me, or will the case get thrown out because he's uncontactable?

My understanding (but it is based partly of conjecture) is:

If the court gets no response you will win by default.

However the defendant can later ask for the case to be set aside either because:

1) There was Defective Service Or Not Entitled
(Service would be defective if you gave an address that was not valid as the service address. You would be "not entitled" to rely on the default judgement if the court erred e.g. by assuming no defence had been submitted when that was not the case.)

2) Some Real Prospect Of Defending Or Some Other Good Reason

I am guessing you would be liable for the defendant's cost of set aside the case if it was because of "defective service" but not otherwise.

http://www.smallclaimscourtgenie.co.uk/setting-aside-default-judgment-delay-can-deadly/

Ectophile

But if the case is set aside, then it just means that the original judgement is set aside, not that you've lost. You then get another court date, and you then get another chance to put your case to the court.

paddyrg

The courts like to see themselves as the last recourse, so the fact that you have tried to resolve personally and through an arbiter are good for you.

I guess one way you could test/prove an address would be to send a small cheque there in his name (maybe with an anonymous note saying 'as agreed!') and see if it gets banked - cheaper than driving up there ;+)

Undervalued

unholyangel wrote: »

You could also get quotes for what it would take to a) reshoot the photos and b) have an album done by someone else from the original photos (yes a judge can order them to hand them over - if they exist) and (if it ever gets to court) say to the judge you'd be willing to adjust your claim to x amount if the photographer provides the photos to you - and that you'd much rather that solution as then you'll have the pics of your actual day with everyone there and no loss of enjoyment (weddings are one of the few times its sometimes possible to claim this).

You might have to ask around a bit to get someone willing to edit someone elses work - but if he does still have the original photos, it would be worth it.

Are you absolutely sure about the bit I've highlighted? I'm an not aware of that ever happening but I'd be interested to read any relevant links.