Mother has been ripped off !!!!

hollydays

Did he claim to be Corgi registered then?What was the complete job and what did he quote (or estimate?)

Blacksheep1979

just because he has a limited company doesn't necessarily mean that job went through the books - if that's the case then he was working as a private individual as KILL BILL states, it may be wise adding both the company and the individual to the claim. It shouldn't get struck out for that and won't cost any more.

Tozer

Blacksheep1979 wrote: »

just because he has a limited company doesn't necessarily mean that job went through the books - if that's the case then he was working as a private individual as KILL BILL states, it may be wise adding both the company and the individual to the claim. It shouldn't get struck out for that and won't cost any more.

In theory if it was very clear that the company was providing the services then it would be an abuse of process to litigate against the individual unless the 'veil of incorporation' can be lifted (e.g. fraudulent or wrongful trading).

There is a risk of a costs order against the claimant if it sues someone where there are no grounds to do so. Not worth the risk in my opinion.

Blacksheep1979

If there was no receipt or contract stating that the work was being done by the company they should be fine - especially if the person you are naming would be the one coming to represent the company too.

daveboy

fleur wrote: »

......Mum wrote him cheques, partly paid upfront so that he could get "materials" and she also gave him cash.....

Whilst in no way trying to excuse this person....but surely some common sense would have gone even a little way to avoiding this.

Nicki

This is a really easy one to resolve. OP's mum wrote the man cheques. If they were payable to him, then sue in his name (but in that case she already knows his full name), if they were payable to the company then sue in the company's name. There are no circumstances in which it is correct to sue in both names. And if the cheques were payable to cash or payee left blank, the OP's mum has been complicit in VAT fraud in all likelihood, so should stay well clear of the small claims court!

Tozer

And if the cheques were payable to cash or payee left blank, the OP's mum has been complicit in VAT fraud in all likelihood, so should stay well clear of the small claims court![/quote]

Incorrect. It is for the supplier of the goods or services to account for the VAT not the purchaser.

melb

I can't believe all the negativity in replying to the poster. He and his mother have my utmost sympathy as I found myself in a similar position a couple of years ago. The small claims court is made for people in exactly this position and is set up for people without any legal knowledge but with a genuine claim. I suggest trainee solicitors and people with half-baked legal knowledge refrain from replying when they don't seem to have enough knowledge of the small claims system to comment. The costs of bringing a claim are relatively modest and are reclaimable if the case is won. We took a cowboy builder to small claims and despite his bullying solicitor and having to face his barrister in court, the fact was that he was a liar and the judge saw through him. We were awarded £7,000. Just make sure you put in the work - find the evidence. You could try another website called Just Claim which has a very helpful forum where you can ask advice and receive good advice from lawyers - not people trying to score points by intimidating you. some of the replies in this thread remind me of the letters we received from our builder's solicitor - bullying, threatening and full of hot air

marleyboy

I really dont think anyone on this forum is trying to be negative or bullying, Honest to the best of their knowledge yes, nobody on here knows the full case in question and therefore can only offer a partial answer.

Its terrible that in this country, such cowboys can be allowed to continue trading, obviously they will aim towards the weaker or older subject, fearing LESS any comeback.

I would at the very least, check with C.A.B as to what can be done about it. More cases then not, many people are left out of pocket. That is unfortunatly the reality. Its not pointing a finger and saying "serves you right", and I am sure EVERYONE on this forum hopes this matter is resolved all in favour of the dear old lady, I dont see any post on here that is either about points scoring or intimidation.

StaceyAKelly

oh my goodness, I bet you wish you hadnt asked lol.

Ring around a few local firms of Solicitors and ask for an appointment with ine who does a free half hour consultation. If the cannot help you they will point you in the right direction.

Alternatively telephone your local County Court, they are actually very helpful.

Hope this helps.