Separate names with a comma.
Discussion in 'Legal' started by B52, Jan 31, 2019.
Which company placed the order with you?
The CEO of 'B' Property Management Ltd. placed order.
But we have always been directed to invoice 'B' Group Holdings. Invoices thus directed were always paid previously, so would you argue that they are Defendant?
Either way the registered address for all the companies is the same. Can I put both of these companies down to cover all bases?
Do both companies owe the money?
If not then a waste of time.
It is possible to list two Defendants but you will need to be 100% clear why you accepted an order from Property Management but then invoiced Group Holdings. You will need to clearly state why you are listing two Defendants in the Particulars of Claim.
I'm trying to get some legal advice on who does owe us the money given what I've described.
One entity directs us to do the work.
Another entity is invoiced, although that invoice is sent for payment via the directing entity.
Who owes us the money?
Because the one entity has always paid & the other entity has always contracted & then arranged for the other entity to pay. I had assumed that these complicated company structures were typical of Managing agents who must separate their clients & the various services they offer.
Surely precedent means both companies have some responsibility?
Without sitting down with you and seeing the exact paperwork that exists in the matter (and probably the historic papers too) I think you are going to struggle here to get definitive advice.
Making out your claim based on information exchanged on a Forum is likely to be problematic for you as the claim progresses.
Based on what you have said then, to me, the first defendant would be Prop Man and the second defendant would be Grp Hldngs.
A successful outcome is often directly proportional to written evidence.
The defendants may try and "wriggle out" of liability by playing one off against the other.
If that situation does arise then you may need to rely on what the course of dealings was in relation to the £2,130 that was paid. If the same quote, order, confirmation of order and invoice process was used for the paid invoice then they can't really use that as a legitimate excuse not to pay the remaining invoice.
You may need to look at more than these two invoices though to support a course of dealings.
Many thanks. If it is possible to put both companies down as defendants then I really feel I'd have all bases covered.
Presumably if a judge felt that one entity had no case to answer then they'd be crossed off as a Defendant? I'd be left with the other?
Whoever said that the layman was supposed to find SCC simple enough to handle without legal advice???
It is more likely that one of the defendants will file a defence to the effect that that it is not party to the contract and that the claim against them should be struck out, discontinued or stayed.
Never try and second-guess what a judge might or might not do: weird and wonderful things go on in courtrooms (apparently).
Both invoices were for the exact same thing - work on dormer windows, the bulk of the cost made up of the cost of scaffolding (sub-contractors) to get up to them - 4th floor. One dormer was sorted & invoiced for before we moved scaffolding on to the next. Hence same charge but later date.
One has been paid but process for second was the same. Difficulty with operating at this height however is that it is not until you get up there that you necessarily see what the problem is.
All our previous invoices support that we have been directed by & duly invoiced in the same way as we always have.
In the absence of any contract which clarifies the name of the correct defendant, you sue the entity to whom you provided the services and who paid the bills, which, from what you say, appears to be Bloody Group Holdings Ltd (subject to the above qualification).
Completely agree with this. You need to pursue the company that you invoiced and has paid in the past. All of the digging to clarify who you trade with should be done and confirmed with the customer at the outset of the job and not at the end when they are not paying. If you find that you should have invoiced a different company then you can credit and re-invoice but I am sure that they will argue this as you have been paid in the past and were happy to accept payment from the company you invoiced at that time.
As they made a payment to you when you sent a letter before action they will more than likely make a payment to you once they receive a claim form. If not then you register a CCJ and enforce.
Best of luck!!