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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience:  Over 5 years in practice
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I was in a contract to put a new roof on an oak frame building

Resolved Question:

I was in a contract to put a new roof on an oak frame building .
when we had tiled the roof 3/4 we had to leave site to wait for chimneys stacks to be built up through the roof
As we were 3/4 of the way through I asked him who to invoice and he gave me a company name to raise invoice too, so I did an invoice for 50 percent of job price.
After a month invoice was still un paid and at this time I was asking when I could come back and finish .
Iasked again and again then he promised me a payment on the 24 th April which came and went .
After another month he agreed a site meeting and when I went to site the roof was finished by another company..
At no point did he ask me to return or tell me of his plan to use another company to finish works .
So ive said I still want paying for 3/4 of roof works and that he was in breach of contract .
But to no joy and he is now saying I should do sagging on roof works to get paid
, but I said you are in breach as you got another company in to finish works so they should do sagging .
I have all emails to back things up and at no point has he said bad workmanship or anything like that , just lies upon lies
So how do I go about getting my money back ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you done three quarters of the work?
Customer: replied 1 year ago.

yes 3/4 of roof works was done oh and the company he told me to invoice is a Dormant company on companies house records .

and its his own house he is building .

I have enough on my side to win if it got to court .

Expert:  Jo C. replied 1 year ago.
Is this a limited company?
Customer: replied 1 year ago.

yes it is but in the contract it doesn't say whom im working for in name

Expert:  Jo C. replied 1 year ago.
The contract should refer clearly to two parties ? The offeror and the accepter?
Customer: replied 1 year ago.
The contract was to me in my name and at no point dose he state whome I'm working for in name
In the contract so can I chase him not the company and is it best to take a ccj out myself or use a grim to get my money
Expert:  Jo C. replied 1 year ago.
Well, that is a problem potentially. What is does mean is that the paper contract is almost certainly void because it doesn't bind any person other than you.
There is clearly a contract with somebody though because you did work.
You can sue at the small claims court. You can issue here
He could defend on the basis that the contract was with the company and so cannot be enforced. He will have to raise some evidence of that though and if the contract was taken out when the company was already dormant then a court probably would be persuaded to hold him personally liable because the company should never have been trading.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
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