Rights of consumer

powerful_Rogue

OP, you should have continued this on your original thread.

Aylesbury_Duck

Dewdrops1420 said:

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 ?

You claim against the entity with which you contracted.  If you paid Joe Bloggs, you sue Joe Bloggs.  If you paid JB Landscaping, you sue JB Landscaping.

Go back and update your original thread.  People can't advise properly unless they can see all the background.  From my recollection, you're probably in no position to claim the whole sum.

Dewdrops1420

the_lunatic_is_in_my_head said:

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)? 

Yes , work was for £4080. They haven’t filed anything in companies house still.
I followed the advice of Citizens advice and gave them enough time to respond since March. No response until now except one lady calling and faking that she is from
council and asking us not to proceed to court.

MSE_ForumTeam5

Threads merged

Dewdrops1420

Just checked the companies house filing. It’s micro company accounts and zero in the document. No assets or liabilities 

Dewdrops1420

the_lunatic_is_in_my_head said:

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)? 

Citizens advise told us to ask for full refund as they haven’t responded to any of my emails asking them to fix this for us.

Aylesbury_Duck

Dewdrops1420 said:

the_lunatic_is_in_my_head said:

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)? 

Yes , work was for £4080. They haven’t filed anything in companies house still.
I followed the advice of Citizens advice and gave them enough time to respond since March. No response until now except one lady calling and faking that she is from
council and asking us not to proceed to court.

If you've issued a letter before action and threatened small claims action already, you really only have two options available to you:

1. Proceed with small claims.  There's no need for any further communication, you've already set out the threat, so you have to decide whether to proceed with it, or...
2. Accept that you're unlikely to succeed, or if you do, that you're unlikely to recover anything, and write it off.

Wonka_2

Dewdrops1420 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.

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.

You've probably answered your own question here but the chances of extracting the money from them based on their FB profile/limited work/fake friend are limited.

That's always assuming you can convince the court of the severity of the issue - and based on 24 pages here you've not convinced us yet 

Dewdrops1420

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Wonka_2

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Not sure why you're hung up on them living in a council home - you need to place more importance on whether the case is winnable.

And no, short of visiting the 'council home' and extracting the funds yourself you're not doing this without a cost (which may or may not be recoverable)