Small Claims - Can I raise a claim?

MOPI

Hi, I'm unfortunately looking to raise a claim to the small claims court against a sole trader for essentially failing to complete agreed works to an acceptable standard and for taking money for work that was incomplete. I have unfortunately tried to resolve outside of the small claims court but been unsuccessful, despite the sole trader admitting full liability.

My question is - we paid the sole trader via bank transfer and this was done from my partners account (in his sole name) and he was the one that selected the sole trader to undertake the work i.e. all correspondence is from his email address. The property where the work was carried out is where we both reside. Do these factors mean that only he can raise the claim in the small claims court in his name?


Thanks in advance! 

user1977

So you weren't involved in the contract at all? If that's the case then yes, your partner should be making the claim. Is that a problem?

ArbitraryRandom

It's an odd question if you don't mind me saying. If there's some reason it would be better for you to make the claim, I would think legally - if the work was for both of you on a joint asset (certainly if you are married or in a civil partnership) then I'd say you are both arguably legitimate claimants... 

And there's nothing stoping you from starting the claim (as in mechanically) - I've never heard of someone defending a claim against a couple based on the person bringing the suit not being the individual in the partnership that made the arrangements.

That said, online claims can only have one claimant, but if you contact the county court business centre you can claim as a couple by filling out the paper forms. Just pay attention to the deadlines for getting things back in and make sure you keep an eye on the online portal even if doing a paper claim as you can print out the next set of documents/make payments as soon as the claim is updated/reducing the risk of postal delay. 

If there's some particular reason this would be a problem, you could always submit the claim in your partner's name (you fill out the forms and he 'sign'/click to submit any court documents after checking he's happy with them). 

In small claims track it's often done all online or by post, but if there is a hearing in person you are allowed to represent other people even as a non-lawyer, but the litigant (i.e. your partner) must be physically present in the room.

fatbelly

I think it's best for a contract dispute that the two parties engage. Remember elements of a contract, indeed the whole thing, can be verbal. So if your partner is the one that agreed an arrangement that subsequently has been broken it is best if he start a claim, should it ultimately come to that.

You say the other party has admitted liability. Is this in writing and has he suggested a way to resolve this?