Taking a trader (Ltd co) to Small Claims Court

eve824

Just an update. 
£280 + VAT of the claim relates to damaged panels that we haven't yet replaced. I have penned an email asking him to fix these in line with CRA 2015 and given him 14 days to respond. 
£75 relates to missing panels. We asked him to find these and he ignored us.
£250 + VAT relates to poor chassis/axle work. We had to sort this before we moved the trailer (time sensitive) as it was a serious safety issue. This is what has prompted me to report to Trading Standards. This is the only area where we didn't ask him to rectify and with good reason.

I guess he will ignore our request to fix the work (I know another one of his customers which has also had issues, requested they were fixed then got ignored. He is also going to SCC). If so, I will take him to court for the whole lot, and prepare to have to fight to get the £250 + VAT back for the chassis work.

If I take the trailer to another company to replace the panels, can I charge the full cost of that (even if that's more than we paid him) through the courts, or will I only be awarded the max of what we paid him to do the same job.

waamo

Several useful posts from a few people seem to have been deleted from this thread. I suggest you ask if they can be reinstated as they gave good advice.

steampowered

The legal principle behind breach of contract claims is that damages aim to put you in the position you should be in if the contract was performed properly.

If the breach of contract meant you had to take the trailer to another company, you can recover the cost of that - even if it is more than what you you paid the trader. 

ChewyyBacca

hi @eve824,
not sure if this has proceeded any further, do let us know, what became of the issue.

eve824

Just wanted to update this thread now the matter is settled. We took the trader to small claims court. We tried arbitration but his offers were insulting so we had a hearing scheduled for today (on Teams due to Covid). He declined the invite and did not turn up so the full judgement we claimed for was awarded to us. Slightly frustrating that we spent most of yesterday preparing all our evidence for it to be over in 5 minutes without showing any of it, but relieved we got justice! Now to actually get the money, which I fear will be the next battle!

Jenni_D

Presumably the amount is >£600 so you can engage HCEOs (once the time limit for him to pay the judgment has expired)? Assuming that you raised the claim against the correct legal entity then an HCEO should be able to recover the amount due (plus costs of HCEO) - the risk is that he closes and phoenixes the business.

eve824

Yes it is. I doubt he will close the business as he still (somehow) gets a lot of business. With HCEO if they fail to recover the debt would I then have to pay their fees out of my own pocket? (I will research all of this properly when I have a minute). He has a LOT of assets at his workshop, or did when we visited.