Small claims help

unholyangel

Its a bit easier if there isn't a limited company involved (as otherwise it would be limited solely to business assets). As a sole trader though, it means any judgement you obtained would be against him personally. From what you've said, he is definitely a sole trader and not a private individual.

Being a trader does mean he would have added responsibilities - such as providing certain information to you before you entered the contract. What information this would be and how it should be provided would depend how/when the contract was formed. If it was formed at a distance (ie before there had been any face to face contact) or it was an off-premises contract, part of this information should have included the conditions of any deposits. Look at the Consumer Contract (Information, Cancellation & Additional Charges) Regulations for more info.

The messages would be enough imo - small claims only goes on balance of probability so you only need to prove that something more likely happened than not (rather than beyond all reasonable doubt). You have messages indicating a £500 deposit and later messages indicating the return of that deposit. so it would be on balance of probability that the deposit being returned was the one of £500 that was paid. If you had withdrawn the cash from a bank, you could also use that cash withdrawal to back up the texts.

But really, I'd send the LBA first. Many people will pay up simply on receipt of a well drafted LBA and theres nothing obligating you to carry out the threat of starting proceedings (an LBA basically just says you reserve the right to issue legal proceedings without further warning at which time their liability for costs may increase, if the matter is not resolved within a reasonable deadline).

tanvir

Being a trader does mean he would have added responsibilities - such as providing certain information to you before you entered the contract. What information this would be and how it should be provided would depend how/when the contract was formed. If it was formed at a distance (ie before there had been any face to face contact) or it was an off-premises contract, part of this information should have included the conditions of any deposits. Look at the Consumer Contract (Information, Cancellation & Additional Charges) Regulations for more info.

There was no contract as such.. I saw his offer on social media, i then messaged him, he then called back and we agreed a price + time of drop off.. He then messaged to say he is on his way and to have deposit and fee ready. So would any of this affect what you have mentioned above?

If you had withdrawn the cash from a bank, you could also use that cash withdrawal to back up the texts.

Yeah definitely have this, withdrew £500 the same day to make payment for the deposit

Thanks for the help so far

unholyangel

tanvir wrote: »

There was no contract as such.. I saw his offer on social media, i then messaged him, he then called back and we agreed a price + time of drop off.. He then messaged to say he is on his way and to have deposit and fee ready. So would any of this affect what you have mentioned above?



Yeah definitely have this, withdrew £500 the same day to make payment for the deposit

Thanks for the help so far

You misunderstand. A contract is just a legally binding agreement. The simplified rule is: offer + acceptance = contract. Theres no requirement for it to be set out in a written document. So no, it doesn't affect what I said.

tanvir

You misunderstand. A contract is just a legally binding agreement. The simplified rule is: offer + acceptance = contract. Theres no requirement for it to be set out in a written document. So no, it doesn't affect what I said.

thanks, currently drafting an LBA which will give them 28 days to pay.. Lets see what the outcome is.

Thanks for all your help

unholyangel

tanvir wrote: »

thanks, currently drafting an LBA which will give them 28 days to pay.. Lets see what the outcome is.

Thanks for all your help

Let us know how you get on/if you need help with the LBA.

NoOne2

Always send by Post and not Email.

Emails can be deemed not Authorised by them, if they haven't consented to communication by Email.

To be sure always, Post is always the way to go.

tanvir

Always send by Post and not Email.

Emails can be deemed not Authorised by them, if they haven't consented to communication by Email.

To be sure always, Post is always the way to go.

My plan is to Send by first class post and obtain a certificate of posting as advised above

NoOne2

tanvir wrote: »

My plan is to Send by first class post and obtain a certificate of posting as advised above

Best way, good luck

Davy44

Hi Folks - first blog!
I have a leasehold property which is cement rendered. Huge chunks of the rendering fell off in 2013 and despite writing to the property management company (a one man business) nothing has been done. Damp was coming in and I had to get it fixed at the cost of £1100. I then sent him the bill and said I would knock it off the service charge of £966 for the year - I'd even forgo the difference.
He took me to small claims for his £966 and I prepared a robust defence with copies of the lease saying it was his responsibility and even details of his bank account (disclosed as part of LVT proceedings) to prove he had the money.
I lost because I hadn't counter claimed. The hearing lasted fifteen minutes. Because I hadn't counter claimed the judge said - well - that's it and found in his favour - most of the time was working out what I now owed him including court costs. It's cost me £2,600 to fix his wall.
It seems brutal when you put up a defence that it's not considered because of a procedure that is not mentioned in any of the documentation from the courts.
And I thought small claims was intended to help a non-legal person.
I'm obviously going to have to sue him but I know he won't pay.
Any suggestions?

NoOne2

Davy44 wrote: »

Hi Folks - first blog!
I have a leasehold property which is cement rendered. Huge chunks of the rendering fell off in 2013 and despite writing to the property management company (a one man business) nothing has been done. Damp was coming in and I had to get it fixed at the cost of £1100. I then sent him the bill and said I would knock it off the service charge of £966 for the year - I'd even forgo the difference.
He took me to small claims for his £966 and I prepared a robust defence with copies of the lease saying it was his responsibility and even details of his bank account (disclosed as part of LVT proceedings) to prove he had the money.
I lost because I hadn't counter claimed. The hearing lasted fifteen minutes. Because I hadn't counter claimed the judge said - well - that's it and found in his favour - most of the time was working out what I now owed him including court costs. It's cost me £2,600 to fix his wall.
It seems brutal when you put up a defence that it's not considered because of a procedure that is not mentioned in any of the documentation from the courts.
And I thought small claims was intended to help a non-legal person.
I'm obviously going to have to sue him but I know he won't pay.
Any suggestions?

Make a new Topic pls