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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience:  Over 5 years in practice
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I am self employed and have issued a claim online to

Resolved Question:

I am self employed and have issued a claim online to one of my customers who owes me £850.00. This customer claimed that he merged with another company when I delivered the goods to him even though I knew nothing about this only that he had moved premises. Due to the fact that I previously had a good relationship ship with them, as he did printing on my work wear and I sold him items, we both never got signatures for the deliveries. The director who is refusing to pay emailed me stating that if I could provide him with signed deliveries from either himself or an employee who worked for them at the time then as a good will gesture he would pay me, also stating that he lost all the paperwork when he walked out from this other company. I had delivery notes which I always gave to him but they weren't always signed. the first delivery note was signed by him as I have the original, the second and third I photocopied and sent to him and the last was signed by one of his employees. He has now filed a defence stating that I the signatures had been falsely scanned, which means that he did have the paperwork which was not signed for him to say that. He has always traded as the design Hub Print & Media ltd and I know that when he purchased the 500 hi vis vests from me that he actually invoiced his customer for them under the name of The Design Hub as I have phoned the company in question and the lady in accounts confirmed that in both May and November last year they invoiced them for the printed hi vis's which were purchased from myself. Now I have committed some kind of fraud, but not I only did this to recover my money as I am sick of customers trying to get out of paying. He also said when I went to see him that he would have done printing for free for me so as I wouldn't take it to court but I would never have given him enough printing work to cover this debt. What should I do now, should I pursue the claim and admit that, yes I did put two signatures on but the other two were hi and that of his employee or will that bounce the claim out of court and I end up having to pay for their solicitors bill. I also have emails from them during the time they bought the goods from me from the Design hub which also proved they were trading as the Design Hub.. Could you please advise what I should do hereon. Liz West T/A L W Oils
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

Ignoring all the alleged mergers etc is he denying that he's had these goods?

Are the delivery notes the only proof that he has had them?

Have his solicitors written to you or is he dealing with this himself?
Customer: replied 2 years ago.

Thank you for your reply.


He is not saying that he has not had the goods just stating that The Design Hub was not trading at the time in question although they have said that I was both a supplier and customer of the design hub in the past and that they had always paid in good time.


they also state that when their employment with Creative Media started, that they recommended L W Oils as a supplier and that I was fully informed of the relationship change, which I didn't.


From the forms received it looks like they have replied to my claim themselves. I did get a phone call in January from the director who said that I might not get my money but that he would try and give me all of the details of the owner so that I could pursue my claim against them and that they had shut him out without computers or anything and that he had lost everything and had no money and that my little amount was nothing compared to what he had lost and then when I old him I didn't believe him he got nasty with me, even said by text that I was showing my true colours because I didn't care about him and only about my poxy money. He is now back at Rotherham in a different unit and all the staff that were with him before he moved to Denaby are all with him now. As far as I am concerned it was The Design hub who had the goods and never stopped trading, and are still trading happily. He is just trying to get out of paying because he lost a big contract with River Island and had to move out. Universal Recycling were the customers he supplied with my hi vis's and they told me verbally that The Design Hub invoiced them but that they did not want to get involved. I know that if a solicitor got involved they could get proof from them which would be enough for me to win my case.


Thank you for your quick response.

Customer: replied 2 years ago.

sorry Joe.


I forgot to tell you that I delivered all the goods myself and left delivery notes with him and brought my copy back home but only the 1st was signed as I never used to ask for his signature. The last one is signed by one of his employees but he now states that the third one signed by B Hampshire ( whom is called Billy) is now called Benjamin Hampshire who has never worked for them. I never noticed that bit , so sorry.


so now he is making a new name up to get out of admitting that it is Billy Hampshire who signed it.




Customer: replied 2 years ago.





he is dealing with it himself as he has responded to my claim as I have had a reply from County Court Business Centre.


Oh and by the way it was Billy Metcalfe who worked for them so not sure who B Hampshire is but that still doesn't mean that he has not had them as he invoiced his customer in the same month that I sold them to him and I knew who they were because he boasted to me the previous time he purchased them from me that he got repeated orders from them and that there would be more and my phone call to them proved it.

Expert:  Jo C. replied 2 years ago.
Regardless of whether The Design Hub was trading at the time or not someone has the items and therefore someone is liable to pay for them.

It is a shame that the recycling company don't want to get involved with the least you know that you are on the right track.

There are three Design Hob companies at companies house two of which have been dissolved one registered in Buckinghamshire and one in Middlesex. There is another one, still trading registered in Altrincham.

If someone else has taken over that business that business remains liable even if the original gentleman no longer has any involvement with it.

If you want to sue the director personally for some kind of misfeasance you are going to ask to have an amend your claim to adding him personally. It is not common for that to happen if the defendant was trading as a limited company.

I would carry on with the claim regardless because at least you do have some proof (which it appears that he is not disputing) that he received those goods.

With regard to his allegation that you scanned the employees signatures the judge is likely to take a dim view of that and you may have shot yourself in the foot.

If this gets to court the judge may decide that none of the signatures are reliable and in that case you are not able to prove that he had the goods.

These matters are decided on the balance of probabilities which means that if the judge thinks that your version of events is more believable than he is, then you win.

This is however small claims court and your claim is well under the small claims limit of £10,000 to the worst that can happen is that you go to court, you lose and you have to absorb the court costs.

Even if the defendant instruct solicitors he will not recover those costs apart from a small amount of about £100. Even so, he will have to spend the day in court dealing with this which is going to cost him a considerable amount of time.

You may want to brazen it out and simply explain (and admit to the judge) what you did with the signatures and why.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69261
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Their company house number is ***** and it is the Design Hub and Print Media Ltd whom have not gone bust or into liquidation.


I am going to pursue it and go to court if I have to but I have to reply and wont admit to the scanning of signatures until it gets to courts. I will brave it out and say that I have evidence of them receiving their goods and hope that he backs down instead. If he doesn't I will have to tell the court that I had to do it as a last resort as did not want the B ..... getting away without paying seeing as he had a holiday at the back end of last year and has just had another one which looks like the grand canyon so if he can afford holidays he can afford to pay me. Unlike myself, I have not had a holiday for 4 years and before that 15 years. Thank you for your help, which has given me the strength to go through with it. If it gets to court I can always tell the judge to request proof of invoiced goods to Universal Recycling which will make him the liar that he is. Kind Regards


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