Charities and Small Claims Courts

GeoffPotts

Hello All,

Regrettably I need some advice. A charity owes me a substantial sum of money for which it looks as though I'm going to have to use the small claims system. They are now refusing to respond to me in any way.

My question however is who do I send the claim to?money claim allows 2people I believe but surely the claim is against all trustees?

I have asked for trustee information but again have been ignored. Help please?

Savvy_Sue

Trustee information will be on the charity commission website if it's not on their own website - click on 'find a charity' and then on the name of the charity, then on the 'Contact & trustees' link.

Is the charity also a registered company? If it is, then the claim would be against the company rather than the individual trustees. I don't know anything about how the moneyclaim system works but I believe you can contact the courts service and ask questions, so I'd do that if it's NOT a company.

Also is there a contract for your services / the goods / whatever it is the claim is about? If there is, who was that contract with - individuals or 'the charity' if that distinction makes sense.

However, have you sent a Letter Before Action stating that you'll be taking legal action if you're not paid? That would be your final step before actually using MoneyClaim. Google will give you examples.

Aquamania

Savvy_Sue wrote: »

... I don't know anything about how the moneyclaim system works but I believe you can contact the courts service and ask questions, so I'd do that if it's NOT a company. ...

County courts will give advise on how to bring about a small claim e.g. what forms to fill in (and presumably help similarly with moneyclaimonline)
However, they do not give legal advice such as who to address a claim against or the likelihood of success.

The rest of your post is good advice in the circumstances. The OP needs to identify who it is they believe the claim should be against. Referral to the original contact is a good start, as you suggest.

If the OP still does not know who their claim is against, I would suggest they seek independent legal advice. You can usually get free initial advice (or perhaps it may cost £5 or £10) for a quick chat (up to half an hour) with a solicitor. See the CAB for a list of local solicitors that will provide this.

Unless the matter is extremely complicated, I would have thought it wouldn't take a solicitor too long to identify who the claim should be brought against.
If its the trustees individually, then your link will help the OP identify them.

The LBA needs to be addressed to the same legal entities.

And before that, the OP should try and resolve the matter amicably. If the OP does not know who the claim should be against, then they can not even started the process of resolving the matter amicably with those allegedly liable.