Removals con - Small Claims Court

felinefancy

My original query was if anyone could advise how easy it would be to use Small Claims Court when the original tradesman and his company is now operating under another name?  (But clearly it's the same as his old trading name can still be seen in the blurb of his 'new' company.  Where would I stand legally with the SCC, would it be difficult to make a case if he is now operating under another name?

user1977

felinefancy said:

My original query was if anyone could advise how easy it would be to use Small Claims Court when the original tradesman and his company is now operating under another name?  (But clearly it's the same as his old trading name can still be seen in the blurb of his 'new' company.  Where would I stand legally with the SCC, would it be difficult to make a case if he is now operating under another name?

As asked above, can you clarify what sort of entity you had a contract with? Was it a limited company?

steampowered

You can make a claim against the trader personally.

If he doesn't defend the claim, you will win automatically.

If he defends the claim on the basis that he claims you contracted with a limited company, then the judge will look at the circumstances (e.g. whether it was made clear in emails that you were contracting with a company; whether a company is named on the T&Cs) to decide whether the contract was with the company or with the trader. 

canaldumidi

felinefancy said:

My original query was if anyone could advise how easy it would be to use Small Claims Court when the original tradesman and his company is now operating under another name?  (But clearly it's the same as his old trading name can still be seen in the blurb of his 'new' company.  Where would I stand legally with the SCC, would it be difficult to make a case if he is now operating under another name?

If your contract was with a Ltd company, and that company still exists (check Companies House), you sue them.If not Ltd, sue the director /owner of the company you contracted with.

(sigh!)

GrumpyDil

And if any amount paid by credit card then look at a S75 claim. 

TripleH

Thrugelmir said:

felinefancy said:

Thrugelmir said:

Expand on "hiding".  Maybe perfectly legimate. 

Um.. no.. what he's done is not at all legitimate. 

Sometimes needs must. 

Thrugelmir is correct in that there could be legitimate reasons for their 'hiding'.

BUT legitimate doesn't mean ethical or fair. It might be that they have suspended trading because they realise the company is insolvent and there are rules the have to follow.

What you need to do is look at the contract and invoice you signed to see who you hired to help you move home.

felinefancy

Hi all.. no, the original company's name was not registered with Companies House, though the new name is, and is now Ltd.

Full amount was paid by BACS to a bank account registered in his personal name.  And yes, I had some brief free legal advice today that I should sue the owner, not the company/companies.   

(I know.. maybe I was the idiot here and didn't spot anything not above board when I should have done.. but I'm not the first person who's had this happen to them by this organisation.. but I'm so angry!)

So, should any correspondence going forward go to him at his new company registered address, as that's the only one I have, and not make mention of the old trading name as without question he'll refute any association with that, as he has done when my husband has tried to call him.  'Nah mate, you've got the wrong company..'    Is Small Claims Court same as procedure as 'suing' someone?

user1977

Right, so the limited company has got nothing to do with your contract. Ignore that.

You're suing the individual. He might have had a trading name, but that doesn't legally mean anything - your contract is with Joe Bloggs, not Joe Bloggs Removals. You've never had any physical address for him? Does the registered office seem likely to be where they're actually trading from (rather than just e.g. an accountant's office)? Any other addresses for directors or shareholders on the registered company's details? Would be best to get a residential address for him.

felinefancy

Latest instalment is that I contacted Checkatrade for assistance with obtaining a refund, acting as mediator, and they were finally successful in so much as writing to the trader's 'new' email address and receiving a response from trader who offered a payment plan of £250 per month for 3 months, which I accepted.  Checkatrade advised that they would monitor this and if trader reneged on any payment trader would have their membership cancelled.  Up to speed and I had an email direct from trader 'thanking' me for having his membership cancelled and that because of this, as Checkatrade is where he gets most of his business from, he is not able to pay me.   I am very doubtful that he had any intention of doing so anyway as our experience so far has been that he does not honour any commitment.  So, I contacted Checkatrade to tell them about his email and ask why they have cancelled his membership as this has now affected any possibility of having a refund.  They would not provide details for DP purposes and offered no further comment and just suggested I contact CAB.   I sent a follow up letter have had a response that initimates that the trader has received additional complaints and together with mine, Checkatrade therefore escalated cancellation of his membership.  Checkatrade  have wiped their hands of this matter.  So, doesn't look as if I have any chance of getting my money back.  I did call CRB who advised me to send a Letter Before Action but to be honest, I don't think this trader will cough up - he could simply say he doesn't have funds.  

So this is a big lesson.  Do not pay anything until work is completed and if someone demands money to secure a booking, find someone else.  Always check reviews throughly.  I'm sure most times good reviews on Checkatrade are genuine however there is always a bad apple.. as in this case.  If there are 10/10 'excellent' ratings yet also 1/10 ratings with very negative reviews, where the trader has followed up with some very defensive comments or 'sorry, we don't have any record of you, you must have the wrong company', then beware.   Unfortunately he is touting his business on other sites.  (I have also since spotted some blindingly obvious fake reviews.)

In terms of Checkatrade my question here is, do I have any cause to complain about Checkatrade themselves.  I feel they have let me down as their response was 'we have a duty of care to consumers' - doesn't seem as if that applies to me!  Shouldn't they have seen the system notes that they had mediated a payment plan between the trader and myself?  

pinkshoes

felinefancy said:

Latest instalment is that I contacted Checkatrade for assistance with obtaining a refund, acting as mediator, and they were finally successful in so much as writing to the trader's 'new' email address and receiving a response from trader who offered a payment plan of £250 per month for 3 months, which I accepted.  Checkatrade advised that they would monitor this and if trader reneged on any payment trader would have their membership cancelled.  Up to speed and I had an email direct from trader 'thanking' me for having his membership cancelled and that because of this, as Checkatrade is where he gets most of his business from, he is not able to pay me.   I am very doubtful that he had any intention of doing so anyway as our experience so far has been that he does not honour any commitment.  So, I contacted Checkatrade to tell them about his email and ask why they have cancelled his membership as this has now affected any possibility of having a refund.  They would not provide details for DP purposes and offered no further comment and just suggested I contact CAB.   I sent a follow up letter have had a response that initimates that the trader has received additional complaints and together with mine, Checkatrade therefore escalated cancellation of his membership.  Checkatrade  have wiped their hands of this matter.  So, doesn't look as if I have any chance of getting my money back.  I did call CRB who advised me to send a Letter Before Action but to be honest, I don't think this trader will cough up - he could simply say he doesn't have funds.  

So this is a big lesson.  Do not pay anything until work is completed and if someone demands money to secure a booking, find someone else.  Always check reviews throughly.  I'm sure most times good reviews on Checkatrade are genuine however there is always a bad apple.. as in this case.  If there are 10/10 'excellent' ratings yet also 1/10 ratings with very negative reviews, where the trader has followed up with some very defensive comments or 'sorry, we don't have any record of you, you must have the wrong company', then beware.   Unfortunately he is touting his business on other sites.  (I have also since spotted some blindingly obvious fake reviews.)

In terms of Checkatrade my question here is, do I have any cause to complain about Checkatrade themselves.  I feel they have let me down as their response was 'we have a duty of care to consumers' - doesn't seem as if that applies to me!  Shouldn't they have seen the system notes that they had mediated a payment plan between the trader and myself?  

Personally I would go down the small claims court route.

Just sent a "Letter Before Action" to him giving him 14 days to pay the full £750 owed. Make it clear that if he does not pay in full you will taking him to court for the debt and he will then be responsible for the additional application and any court fees on top of the original debt.

For £750 he only needs to own a van or something and you can send in someone to collect the debt when the court finds in your favour. He will have to pay the bailiffs fee too if you need to send them!