Rights of consumer

Dewdrops1420

Hi,

I was about to make claims in the county court against the landscaper for incomplete work as my patio is puddling after he laid out the slabs.

But I found that this person is living in council home. Is there any use suing this person? It’s a company and work was done by two persons who are father and son. Even if we win the case and they refuse to pay the amount, is there any way we can retrieve it? 

Also is it possible to file court case free of charge?

Thanks

the_lunatic_is_in_my_head

How much are you claiming OP?

When you say company was it an LTD?

Dewdrops1420

I’m claiming for £4285 including court fee. Yes they are registered in companies house and active in fb and recently posted photos of new work done as well.They didn’t respond to any of my letter or email and a lady called from mob number and asked us the whole story claiming that she is from council and warned us not to proceed to court and was trying to convince us that the work is complete and when we asked about water puddling she said she will inform the company . We understood that it’s a fake call from their friend.

Aylesbury_Duck

How much was the work, and how much are you seeking to recover?

You have to pay an initial fee, which is dependent on the amount you're seeking to claim. 

Them living in a council house doesn't make them immune from a claim.  If you're alluding to their ability to pay, it's probably sensible to do a little detective work.  There's no point winning a case if they can't pay.  How big is their company?  Does the company own assets like a van, tools, etc?  How much turnover does it have?  And so on.

DE_612183

If it's a limited company you can see filing information on Companies House, also if they are in a council house you could ask the council if they are allowed to run a business from that address ( not sure if thats ok or not ).

As others have said, if you win the case then they will have to pay - have you got an invoice as the claim will need to made against the company not the individuals.

[Deleted User]

Aylesbury_Duck said:

How much was the work, and how much are you seeking to recover?

You have to pay an initial fee, which is dependent on the amount you're seeking to claim. 

Them living in a council house doesn't make them immune from a claim.  If you're alluding to their ability to pay, it's probably sensible to do a little detective work.  There's no point winning a case if they can't pay.  How big is their company?  Does the company own assets like a van, tools, etc?  How much turnover does it have?  And so on.

OP's previous thread offers some background Refund from landscaper - Page 22 — MoneySavingExpert Forum

the_lunatic_is_in_my_head

Dewdrops1420 said:

I’m claiming for £4285 including court fee. Yes they are registered in companies house and active in fb and recently posted photos of new work done as well.They didn’t respond to any of my letter or email and a lady called from mob number and asked us the whole story claiming that she is from council and warned us not to proceed to court and was trying to convince us that the work is complete and when we asked about water puddling she said she will inform the company . We understood that it’s a fake call from their friend.

Have you checked companies house to see how many companies they've been associated with in the past and the filing history to see how much cash and how many assets they have OP? 

The problem with LTDs is they can fold and you'll not see the money.

Regarding court the filing fee is £205 for a claim up to £5k, I haven't seen anything regarding assistance available for such costs, there will be mediation and then another fee for a hearing (£50 is the figure I've seen posted).

You say you sent a letter, was this a letter before action, detailing the issue, the amount and giving them reasonable time to respond and most importantly stating you will be issuing small claims if it isn't resolved? If not you need to send such a letter first (templates available on Google or some firms will do this for a small fee).

Is the £4285 the cost of the job or the cost of taking it up and replacing. I assume you have photos of the issue but have you had a second opinion on their work (and ideally got something in writing to say it wasn't carried out correctly)? 

Aylesbury_Duck

[Deleted User] said:

Aylesbury_Duck said:

How much was the work, and how much are you seeking to recover?

You have to pay an initial fee, which is dependent on the amount you're seeking to claim. 

Them living in a council house doesn't make them immune from a claim.  If you're alluding to their ability to pay, it's probably sensible to do a little detective work.  There's no point winning a case if they can't pay.  How big is their company?  Does the company own assets like a van, tools, etc?  How much turnover does it have?  And so on.

OP's previous thread offers some background Refund from landscaper - Page 22 — MoneySavingExpert Forum

Oh, it's THAT thread....

Thanks.

Dewdrops1420

No, they are small business. No van, no tools just a car .Not much money I guess but fb photos suggest they are always on holidays. Parents and four kids , father and elder son did our work.  No invoice all confirmation via fb messenger . I contacted the bank and they said they can’t recover the money as it was transferred willingly by me. 

Can I claim against the individuals and if I win will it result in them not able to start a bank account without paying me or some issue in future ?

Dewdrops1420

Aylesbury_Duck said:

How much was the work, and how much are you seeking to recover?

You have to pay an initial fee, which is dependent on the amount you're seeking to claim. 

Them living in a council house doesn't make them immune from a claim.  If you're alluding to their ability to pay, it's probably sensible to do a little detective work.  There's no point winning a case if they can't pay.  How big is their company?  Does the company own assets like a van, tools, etc?  How much turnover does it have?  And so on.

Not big company. Get work once in a while according to their fb page. They have currently disabled their fb comments after our complain.
work was for £4080 and £205 is the court fee.