Is my small claims worth proceeding
Discussion
I will try and cut a long story short...
Fitted signage to a new bar, cafe barriers, awning, facia sign etc.
Small deposit taken and full payment for awning.
No payment after months of requesting.
Go to discuss and owner takes down signage and says he doesnt want them.
£1800 Balance owing.
Small Claims opened (£110 ish)
He replies to my claim saying i took the signage down myself.
Changes the Address of the claim to the ltd company at his home address.
Since the new year the bar has been closed and all interior furniture and merchandise has vanished.
The company is Ltd to his home address, on the 22nd Jan he starts another Ltd Company, fairly confident the company i
have put the claim will be disolved by the time it goes to court even though i am claiming against himself.
https://beta.companieshouse.gov.uk/officers/0R5o5I...
Court letter received with hearing in March, £170 fee for this to go ahead. Telephone mediation to resolve the case possible but
this i have read is a waste of time. If i go for the court option i have to put togther a ring folder with all evidence etc, time consuming
but all the infomation which i have to back my side up.
He may not show or if the company is dissolved im not sure i stand a chance although the claim is against his Name.
Do people think is worth persuing or shall i just write it off and take the hit?
Since opening my case i have been contacted by other trades that carried out work and never received money.
Fitted signage to a new bar, cafe barriers, awning, facia sign etc.
Small deposit taken and full payment for awning.
No payment after months of requesting.
Go to discuss and owner takes down signage and says he doesnt want them.
£1800 Balance owing.
Small Claims opened (£110 ish)
He replies to my claim saying i took the signage down myself.
Changes the Address of the claim to the ltd company at his home address.
Since the new year the bar has been closed and all interior furniture and merchandise has vanished.
The company is Ltd to his home address, on the 22nd Jan he starts another Ltd Company, fairly confident the company i
have put the claim will be disolved by the time it goes to court even though i am claiming against himself.
https://beta.companieshouse.gov.uk/officers/0R5o5I...
Court letter received with hearing in March, £170 fee for this to go ahead. Telephone mediation to resolve the case possible but
this i have read is a waste of time. If i go for the court option i have to put togther a ring folder with all evidence etc, time consuming
but all the infomation which i have to back my side up.
He may not show or if the company is dissolved im not sure i stand a chance although the claim is against his Name.
Do people think is worth persuing or shall i just write it off and take the hit?
Since opening my case i have been contacted by other trades that carried out work and never received money.
Edited by BertyFish on Thursday 1st February 14:08
Is there a written contract? No - forget it. Yes - with Company - forget it. Yes - with individual - may be worth pursuing. But it looks like you'll have to write this off to experience.
This being PH we need to consider revenge. As the contract is, according to his changing of your claim, with the company at his private address and is for the installation of signs I suggest you wait until he's out and then go fix the signage to the front of his house. Be careful not to make a mess...
This being PH we need to consider revenge. As the contract is, according to his changing of your claim, with the company at his private address and is for the installation of signs I suggest you wait until he's out and then go fix the signage to the front of his house. Be careful not to make a mess...
Absolutely you should pursue it. It won't require that much of your time to complete the process from the point you are at now and the amount of money owed makes it worthwhile. Plus you get experience of how the legal system works, which is always helpful when running a business.
And if as a result of following through you do find some weaknesses in your own processes or documentation, you know what do work on for next time.
As long as you don't let it get personal and keep it in proportion, I think there is a lot to gain from proceeding with your claim.
And if as a result of following through you do find some weaknesses in your own processes or documentation, you know what do work on for next time.
As long as you don't let it get personal and keep it in proportion, I think there is a lot to gain from proceeding with your claim.
Who did the emails come from,him personally or the company?Was it xxx@yyyLtd.com, or just a gmail type account? Was there indeed any mention of the company?The main thing will be showing he ordered in his name not the company's. Who were the invoices addressed to?
That he doesn't want the goods now is irrelevant, he ordered them(or his company did,in which case little chance of getting paid if the bar fixtures are AWOL) No mention of them being not up to scratch I assume?
Also with the name & shame rules you may have to edit that link out to avoid the wrath of the mods
That he doesn't want the goods now is irrelevant, he ordered them(or his company did,in which case little chance of getting paid if the bar fixtures are AWOL) No mention of them being not up to scratch I assume?
Also with the name & shame rules you may have to edit that link out to avoid the wrath of the mods
Mr Overheads said:
Is it this one?
http://www.stokesentinel.co.uk/whats-on/trendy-bar...
Yes that's the one, how did you guess?http://www.stokesentinel.co.uk/whats-on/trendy-bar...
He doesn't look too popular on his s
tbook page either...
https://www.facebook.com/search/str/edisons+bar/ke...
tbook page either...https://www.facebook.com/search/str/edisons+bar/ke...
Beetnik said:
This being PH we need to consider revenge. As the contract is, according to his changing of your claim, with the company at his private address and is for the installation of signs I suggest you wait until he's out and then go fix the signage to the front of his house. Be careful not to make a mess...
Or option 2... https://www.postabagofdicks.co.uk/product/a-bag-of...Alucidnation said:
He doesn't look too popular on his stbook page either...
https://www.facebook.com/search/str/edisons+bar/ke...
Careful that's a bar in Ontario Canada. The FB page of the bar in question has been removed.tbook page either...https://www.facebook.com/search/str/edisons+bar/ke...
Good detective work.
The top posts are originally from another business who carried out work, few of my posts further down.
Thanks for the replies.
I dont get what he achieves opening a business, not paying the trades, knowing he will close it after a few months.
Maybe free rent rates, pocket the earning for the few months then dissolve the company.
Still unsure if its worth going further, looks like he knows how to cover his back..
The top posts are originally from another business who carried out work, few of my posts further down.
Thanks for the replies.
I dont get what he achieves opening a business, not paying the trades, knowing he will close it after a few months.
Maybe free rent rates, pocket the earning for the few months then dissolve the company.
Still unsure if its worth going further, looks like he knows how to cover his back..
Edited by BertyFish on Friday 2nd February 14:29
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