- Original Poster
- #1
We have used the Small Claims Court to claim against an individual (self employed) that ordered services from us and then refused to pay.
Our evidence is conclusive (at least in our eyes and we believe in court) as a full email trail of all requests is available. The problem is, the case was struck out on a technicality before getting to court.
We started a claim against the individual at his home address, that of his business address at the time the contract was formed which was about 3 years ago.
He still lives at that same address but about 2 years ago (a year after the contract was formed for the services), he formed a LTD company with a registered address at a different location.
As we formed the contract for services with him, (sole trader/self employed), at his home address (his trading address), that is who the claim was against and cannot see how the contract would be passed to a LTD company he decided to form.
He has (we believe) sent an application, stating that we have claimed against the wrong address and that it should be against his LTD Company, not him?
On this basis the court have struck it out? They did not consult us and apparently did not look at the formation date of the new company.
We have been advised to fill out an N244 application, but I do not know what should I put and in which boxes as it seems odd to reinstate a case with the same info?
I could try to sue the LTD company but guess the technicality would be, "you cant sue this company as you formed the contract with 'Joe Bloggs'"
It seems very unfair that a district judge can strike out a case without checking basic information and I now have to pay more money to try to reinstate it?
Our evidence is conclusive (at least in our eyes and we believe in court) as a full email trail of all requests is available. The problem is, the case was struck out on a technicality before getting to court.
We started a claim against the individual at his home address, that of his business address at the time the contract was formed which was about 3 years ago.
He still lives at that same address but about 2 years ago (a year after the contract was formed for the services), he formed a LTD company with a registered address at a different location.
As we formed the contract for services with him, (sole trader/self employed), at his home address (his trading address), that is who the claim was against and cannot see how the contract would be passed to a LTD company he decided to form.
He has (we believe) sent an application, stating that we have claimed against the wrong address and that it should be against his LTD Company, not him?
On this basis the court have struck it out? They did not consult us and apparently did not look at the formation date of the new company.
We have been advised to fill out an N244 application, but I do not know what should I put and in which boxes as it seems odd to reinstate a case with the same info?
I could try to sue the LTD company but guess the technicality would be, "you cant sue this company as you formed the contract with 'Joe Bloggs'"
It seems very unfair that a district judge can strike out a case without checking basic information and I now have to pay more money to try to reinstate it?
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