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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48771
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a small company director. In November we ordered from a

Resolved Question:

I am a small company director.
In November we ordered from a fencing contractor, a fenced enclosure to protect some external equipment from theft.
The contractor was to supply the materials, and erect the fencing.
For various reasons (not to do with the contractor) we have put off the building of the enclosure, but will want the work completed in a few weeks' time.
The contractor has said that as he has ordered the fencing materials, and had to pay for them, he would invoice us for the materials. He has done this, but we have not paid him yet, although we intend to do so, when the work is completed.
He has made an online claim against us through the small claims court.
This claim is addressed to me personally at the business address,( not to the company.), although in the particulars of claim section he calls me managing director with the company name.
The admission form that comes with the claim is asking me for full financial details of my income and expenditure.
The work was required for the ltd.company, not for myself.
Should this claim be addressed to me,rather than to the company)
If not how do I respond.
Secondly, we have seen nothing of the materials. Should they not be delivered to us before we are invoiced and/or expected to pay for them?
Please advise me.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did you have a written contract in place?
Customer: replied 1 year ago.
Yes,
He gave us a quotation and I accepted it, on behalf of the company.
Expert:  Ben Jones replied 1 year ago.
Ok thanks I will respond fully this afternoon as I am in court
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. He would only be able to pursue the party with which he had contractual relations. Just because he personally conversed with you over this does not mean that you are the one who entered into a contract with him personally. If you were dealing on behalf of the company and the work was intended for the company’s benefit, rather than you as an individual, then the contract would be with the company, which would be its own legal entity. As such he can only pursue the company as the other party of the contract. You need to check who the actual defendant is on the claim form – if it is you personally then you should bring this to the attention of the court and the claimant will likely apply for this to be substituted with the correct party. As to paying for the materials, you are indeed entitled to get these before you are expected to pay. He could otherwise just take your money and not provide any materials so request to receive them or have them installed before you make any payment. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
When I tell the court that he has the wrong defendant, will that give us another 14 days grace?
Also should I raise the non delivery of goods at the same time, or leave that until the court has sent new papers showing the company as the defendant.
Expert:  Ben Jones replied 1 year ago.
Once the new defendant has been substituted then the normal time limits will apply from then so yes you will get a new time limit as the company. The non-delivery of goods is something you should raise in your evidence when it is time for that to be submitted - so sate this is part of the reason for non-payment If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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