Removals con - Small Claims Court

m0bov

You def need to LBA asap.

TBagpuss

You can still go down the small claims route.

You paid him personally, he failed to deliver, you sue him. You presumably have a contract, you have proof you paid him and you have the emails acknowledging the debt.

Obviously if he has nothing you may not recover the debt, on the other hand, he may pay up to avoid a CC on his record 

felinefancy

Thanks @ pinkshoes - here we have the complication of the initial contract being with his old company name and the LBA would be sent to his newly Ltd company registered address which he would probably not respond to as he is no longer associating himself with his old company.  So I regret to consider this would probably be a waste of time unless anyone advises me to just go for it!

FYI Checkatrade sent their initial email to his recent old email address and of course no response so I told them to send it to his new company email address which did result in a response.  And, off on a slight tangent here but threatened with cancellation of his Checkatrade membership under his new trading address, the fact that he responded from his new company email address, he thereby acknowledged the debt under contract of his old trading name, and offered a payment plan.  To me that's proof, if there were any question raised, that this man and his old and new company are the same business.  Unfortunately that communication is with Checkatrade - I don't have a copy.

I doubt this company does not have £750 available.  He's just recently made his new trading name Ltd.. which ".... it limits your liability which can offer protection in case something goes wrong and costly legal services are needed." - oh, in case unhappy customers come knocking at your door asking for their money back!!

NameUnavailable

As I think others already pointed out, if the 'old' business wasn't a Limited company you are taking the action against the person.

He won't want an CCJ (unless he's already got some) so for the cost of a small claims action it is probably worth doing, even if just for the satisfaction of causing him the headache of it.

TripleH

Yes, its better as the claim is against 'Him' rather than his limited company.

Limited companies can be opened and shut down quite easily and the director walk away (this is a simplified statement) but if its him, its harder for him to walk away.

felinefancy

Thanks everyone.. I'll defer to the weekend when I'll have a chance to sit down and write the LBA. 

peterhjohnson

felinefancy said:

here we have the complication of the initial contract being with his old company name and the LBA would be sent to his newly Ltd company registered address which he would probably not respond to as he is no longer associating himself with his old company.  

Please forget about his new company! Chase/sue him. There are few (practical) ways for someone trading not as a Ltd company to dissociate themselves from a debt. 

user1977

peterhjohnson said:

felinefancy said:

here we have the complication of the initial contract being with his old company name and the LBA would be sent to his newly Ltd company registered address which he would probably not respond to as he is no longer associating himself with his old company.  

Please forget about his new company! Chase/sue him. There are few (practical) ways for someone trading not as a Ltd company to dissociate themselves from a debt. 

In any event, there's no suggestion I can see that the company has ever been liable.

Jenni_D

Does the OP have a confirmed address for him? (I'm reading that this is the problem, and the only address they have is that of his new Ltd company).

saajan_12

felinefancy said:

Thanks @ pinkshoes - here we have the complication of the initial contract being with his old company name and the LBA would be sent to his newly Ltd company registered address which he would probably not respond to as he is no longer associating himself with his old company.  So I regret to consider this would probably be a waste of time unless anyone advises me to just go for it!

FYI Checkatrade sent their initial email to his recent old email address and of course no response so I told them to send it to his new company email address which did result in a response.  And, off on a slight tangent here but threatened with cancellation of his Checkatrade membership under his new trading address, the fact that he responded from his new company email address, he thereby acknowledged the debt under contract of his old trading name, and offered a payment plan.  To me that's proof, if there were any question raised, that this man and his old and new company are the same business.  Unfortunately that communication is with Checkatrade - I don't have a copy.

I doubt this company does not have £750 available.  He's just recently made his new trading name Ltd.. which ".... it limits your liability which can offer protection in case something goes wrong and costly legal services are needed." - oh, in case unhappy customers come knocking at your door asking for their money back!!

The point is the new company has nothing to do with it.
CheckATrade might have involved the new company because they are looking for parties to act in good faith and have some latitude as they can make up their rules on who can be a member to some extent.

However legally, you contract was with the old company and its directors since its not limited. So you would send a LBA and then small claims with the person. Do you have his residential address? Or business address, but still addressed to him by name.