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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have taken out a small claims court action but the defendant

Customer Question

I have taken out a small claims court action but the defendant is claiming that the company I am taking to court has no responsibility
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello why do they think they have no responsibility?
Customer: replied 1 year ago.
Ok, some background -
Customer: replied 1 year ago.
I requested a quote from a helicopter service provider for a specific journey. they gave me a quote and i said that i would have to think about it as it was more than i was expecting. Later that evening i was searching for a limo company to pick me up from the chopper destination. I entered an on site chatroom and it just so happened that the guy i was conversing to forthe chopper hire was also the guy on the limo hire site
Customer: replied 1 year ago.
He recognised me from the locations i wasgiving him and we spoke some more about a full package for chopper and limo hire. in the discussion he agreed to a different and more attractive (to me) pickup point for the helicopter section of the journey and so we agreed a price of this verbal contract and i paid a deposit. when the written contract came through it was for the original destination and i was not happy with that.
Customer: replied 1 year ago.
I didnt sign the contract and i contacted them saying i wanted to cancel the verbalcontract as they were now unable to fulfill the ccontract pick up point. During subsequent email conversations i offered mediation but they were not interested. I looked at the email address of the person i was in email conversation with and that is the company that i have taken to court. In their defense the are saying that i have taken the holding company to court and so its a void claim.
Customer: replied 1 year ago.
saying i have made a claim against the wrong company, 'transport broker group', as i had no contract with them.
The woman says in her defense letter that she 'is manager of customer service at limo broker ltd and part of the holding company, transport broker group ltd'
Customer: replied 1 year ago.
I have contacted a legal firm and forwarded the 100 or so emails and they have advised that their cost are likely to top 600 pounds and the deposit Im claiming for is only 650. I wasnt aware I couldnt claim costs at small claims court. I know that I am in the right here but I fear that the legal complexity of the differing holding companies etc may force the case to be disnmissed. They company has also stated that they are going to enforce a recovery agent for the full contract amount.
Customer: replied 1 year ago.
whats your thoughts Ben ?
Customer: replied 1 year ago.
Hello ?
Customer: replied 1 year ago.
Is anyone there ?
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. So do you know which company you should be claiming against? They are saying that the one you have claimed against initially is the wrong one but does that explain which one you should have been claiming against?
Customer: replied 1 year ago.
Would this be easier in a call ?
Customer: replied 1 year ago.
have you gone again ?
Customer: replied 1 year ago.
This isnt very good is it ?
Customer: replied 1 year ago.
Ive now been online for almost an hour and a half
Expert:  Ben Jones replied 1 year ago.
I am still here but I do have to deal with a number of other customers at the same time so an immediate response is not always possible I'm afraid. Could you please answer my latest question so we can continue, thanks
Customer: replied 1 year ago.
No they dont say directly but they do include my reciept for the deposit which is in the name of the company that the payment was made to.
Customer: replied 1 year ago.
and it was that companies website that i was on when we formed the verbal contract and agreed a deposit for the limosine and the helicopter. That companies name is ***** ***** broker.
Customer: replied 1 year ago.
but in all of her communications the details at the bottom of her emails is for transport broker group.
Expert:  Ben Jones replied 1 year ago.
Who you had a contract with would be a question of fact. You would have entered into the contract with a party and which party that was would really depend on what happened in the lead up to the forming of the contract. If all communications were with one specific company, they had their name in the correspondence with you, the payment was made to them and there was nothing else to make you believe that you were dealing with anyone else, then the likelihood is that this is the company you entered into a contract with. They may try and claim that it is not them who are liable but that would be for a court to decide. What you could do now is leave this company as a defendant but also add the other company which you believe they may try and say you had formed a contract with. You would need the permission of the court to add a defendant at this stage but what you can have is a claim against two companies and they will both go ahead as defendants and the court will decide based on the evidence which one is liable. So it may end up with one being struck off as defendant but the claim will continue against the other one. This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to add a defendant, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok rating done
Customer: replied 1 year ago.
It would also appear that although I have already offered civil mediation there is an option to select this again in the paperwork that i have now recieved. This would seem a reasonable option to choose as the court would look favouably upon it if it subsequently went that way ?
Expert:  Ben Jones replied 1 year ago.
Thank you. You cannot force another party to enter into mediation. You have already tried and as this is something which really happens before a claim is made, you should forget about it at this stage. If you wish to add a respondent then you need to follow this general procedure: https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx The differences being:· Instead of “cross out the name of the Defendant in red pen and write on the claim form next to it the correct name in red pen and underline in red”, you should not cross out the current defendant, just add the new one· Instead of “ask for the Defendant's name to be amended”, you should ask to be given permission for a defendant to be added to the claim· Ignore “re-service of the claim form to be dispensed with at it was validly served at the correct address” – you need to send it to the new defendent· Instead of “On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully ***** ***** the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with.", you should write “The Claimant respectfully ***** ***** [Company name] is added as a Defendant to the proceedings pursuant to CPR 19A”· On the second page include the following information: o A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.o Even though all evidence points to the Defendant being the party to the contract which is under dispute in the proceedings, they do claim that it is another one of their group companies which is responsible.o Therefore, the Claimant respectfully ***** ***** the Claim Form be amended so that this other company is added as Defendant pursuant to CPR 19A. An amended copy of the Claim Form is included in this application.
Customer: replied 1 year ago.
Excellent Ben,thanks for that. So do I also get to make any further comments or is the original statement that I made all that I get to say
Customer: replied 1 year ago.
having now clicked on the link you gave I have a small problem. the link mentions adjustments in the original claim form but i made the original claim on line so how would I go about amending it ?
Expert:  Ben Jones replied 1 year ago.
You can ask to amend the statement as well, then you just add or cross out the contents as necessary and also state in the application that you wish to amend the particulars of claim You may have made the claim online but the applciation still needs to be done in writing on a form N244 so you will have to refer to that claim form
Expert:  Ben Jones replied 1 year ago.
For example you can use a print out of it

Related Law Questions