How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

I contacted you previously with regard to an issue Im having

Customer Question

I contacted you previously with regard to an issue I’m having as a contractor:

I worked for 4 months, on a self employed basis for a company and sent them a contract with my T&C’s. One of the terms was the requirement for one months notice to be given on termination of contract by either party. However they terminated by contract ‘with immediate effect’ and refused to pay one months salary explaining they never signed the contract.

One of your lawyers Ben Johnson (18th Dec 2013) advised ‘law it is not necessary for a contract to be signed by both parties for it to be legally binding’ etc.

I have pursued the case through the small claims court but received this from them.

IT IS ORDERED THAT:
Claimant to file at court (etc) a reply to the Defense explaining her entitlement to claim as an individual against the Defendants as individuals given that the Defence is that the agreement was between two companies.

I am the only person in my company. I was interviewed and worked on a daily basis with the defendant, so my contract was given to them to sign on behalf of ‘the companies’. My wording was something like Lindsay Hopkins on behalf of company name.

How on the one hand can they say they never signed it so it’d null and void, but on the other claim a technicality with the contract to get off?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Did you file the claim in your name personally or the name of your limited company?
Customer: replied 3 years ago.

In my name personally

Expert:  UKSolicitorJA replied 3 years ago.
That is the problem I am afraid.

The claim should have been brought in the name of your limited company, not you, as it is your limited company who was the contracting entity.

You should file an application notice to substitute your limited company name instead of your personal name as the claimant and you will need a signed consent from your limited company to the inclusion of its name as the claimant:

See here: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a#2.1

The application notice form is N244:

http://www.justice.gov.uk/courts/procedure-rules/civil/forms

In your reply, you should state that you are making an application to substitute the name of the claimant and possibly send off all the paperwork together.

Hope this helps
Customer: replied 3 years ago.

I'll do that, but did you consider the defence are saying two contradictory things at the same time?


 


1. That the contract was never signed and accepted.


 


2. That the contract was between two companies not the individuals.




 


 

Expert:  UKSolicitorJA replied 3 years ago.
The first ground may be challenged if you say that there was an implied contract even though not signed.

Second ground is valid which is why you need to substitute the company instead of you.

All the best