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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I did a translation job company in the UK in December

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Hi I did a translation job for a company in the UK in December - beginning of January 2015 but had to send my invoice to the company in Italy. I was supposed to receive payment on 14th April. On 5th March, I received a letter asking me to send my invoice to a company with a different name but still part of the same group. No payment in April, I have just received another letter mentioning the liquidation of the company I had to send my invoice for the 2nd time. The company in the UK still operates with the same name, logo, same staff as if nothing has happened. I have sent an ultimatum to the company in the UK. Can I submit a claim to the Small claims court in the UK although the liquidation of the company I had to send my invoice to (for the 2nd time) is taking place in Italy? I have kept the purchase order originally issued, my invoice and all messages received.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Who instructed you? The UK company or Italian company?
Customer: replied 2 years ago.

The UK Project Manager but I have just checked, the PO was issued on the paper head of the Italian company.

Customer: replied 2 years ago.

The UK project manager instructed me, but I have checked the PO was issued by the Italian company. Looks a hopeless case!

Expert:  Ash replied 2 years ago.
If it was the UK company then you could argue it is a UK company contract.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have checked Unfortunately, the only name which appears in the document which had been sent to me by the English project manager and which I had signed 'General terms and conditions' is the name and address of the Italian Company.

Expert:  Ash replied 2 years ago.
Ah. It's worth a punt against the UK company if it's £10k or under.
Alex
Customer: replied 2 years ago.

Ok I will try. The amount is only £2044.00 but worth trying. Thank you very much.

Expert:  Ash replied 2 years ago.
Happy to help, good luck
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.
I have found out that the company in England has no legal presence so I am not pursuing the matter. Waiting for the liquidation in Italy. Thank you.
Expert:  Ash replied 2 years ago.
Happy to help
Customer: replied 2 years ago.

I have already rated the service as excellent, Thank you.

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