Help re small claims process please.

pinkshoes

I take it you have asked plumber 2 to fix the problem and he has refused?

You will absolutely need to establish who the contract is with before court action.

Mutabilisrose

pinkshoes said:

I take it you have asked plumber 2 to fix the problem and he has refused?

You will absolutely need to establish who the contract is with before court action.

Yes repeatedly. I have all the messages. He just ignored them all. This is the problem I am having. People differ in their advice re this.  Original contravt and quotes were with plumber 1, he also got some materials prior to work but never did any of the work. Plumber 2 (his brother in law) stepped in to complete it as I had already paid a deposit and materials to plumber 1. Some people say it’s just plumber 2 as it’s the work that’s the issue, others say the contract was with plumber 1 and think plumber 1 and 2 should be named. I have also had people telling me I should have plumber 1, plumber 2 and their business names on the claim. From what I understand if I get this bit wrong my case will be thrown out and I would lose the court fees.

born_again

Mutabilisrose said:

pinkshoes said:

I take it you have asked plumber 2 to fix the problem and he has refused?

You will absolutely need to establish who the contract is with before court action.

Yes repeatedly. I have all the messages. He just ignored them all. This is the problem I am having. People differ in their advice re this.  Original contravt and quotes were with plumber 1, he also got some materials prior to work but never did any of the work. Plumber 2 (his brother in law) stepped in to complete it as I had already paid a deposit and materials to plumber 1. Some people say it’s just plumber 2 as it’s the work that’s the issue, others say the contract was with plumber 1 and think plumber 1 and 2 should be named. I have also had people telling me I should have plumber 1, plumber 2 and their business names on the claim. From what I understand if I get this bit wrong my case will be thrown out and I would lose the court fees.

Maybe better to get some legal advise on this. 

sheramber

I would have thought it was who you paid that mattered.

What was the name on the bank account that you transfered the money to?

voluted

sheramber said:

I would have thought it was who you paid that mattered.

What was the name on the bank account that you transfered the money to?

I wouldn't say it's as clear cut as that but under the circumstances, I suspect a judge would agree that P1 passed the business onto P2 and the OP has a contract with P2, who they paid, and not P1, who doesn't appear to have subcontracted it to P2.

sheramber

voluted said:

sheramber said:

I would have thought it was who you paid that mattered.

What was the name on the bank account that you transfered the money to?

I wouldn't say it's as clear cut as that but under the circumstances, I suspect a judge would agree that P1 passed the business onto P2 and the OP has a contract with P2, who they paid, and not P1, who doesn't appear to have subcontracted it to P2.

Where does OP say she paid plumber 2?

she does say

as I had already paid a deposit and materials to plumber 1