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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My business, Hooke Design & Marketing Ltd is currently

Resolved Question:

Hi,
My business, Hooke Design & Marketing Ltd is currently trying to recover a bad debt via the small claims court.
The defendant is trying to avoid payment as he... 'disputes that the claimant is a party to this claim.’
When I did the work for the defendant, I had 2 Ltd companies running side by side. During the project I decided to voluntary close one of them. Hooke Design Ltd
He is saying that the ‘verbal contract’ was made between Hooke Design Ltd and not Hooke Design & Marketing Ltd. I dispute this.
However, the defendant has emails evidence with a signature of Hooke Design Ltd.
He claims that because of this signature the work was done via Hooke Design Ltd and that due to the fact I closed it I have no claim.
However, I never said which company I would be invoicing him through. I have a number of email accounts on my computer and regularly send out emails using the different signatures.
Furthermore, his above claim was only raised 12 months after I had sent him our invoice when I went legal.
The invoice which was supplied was a Hooke Design & Marketing Ltd Invoice and was never questioned.
Finally, Hooke Design & Marketing Ltd purchased all the assets from Hooke Design Ltd when it closed for £3500. This included all open projects.
1. Is this a possible reason for him to ‘wriggle’ out of paying?
2. Do I need to show a Asset Purchase document to prove Hooke Design & Marketing Ltd purchased the assets at the correct market value?
If you could give me some advice I’d really appreciate it.
If this advice is chargeable at this stage, could you provide a quote first?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did you use the same email ADDRESS for both companies please?Alex
Customer: replied 1 year ago.
Yes, all emails used the same email address.***@******.*** it was just the signature that altered.
Expert:  Ash replied 1 year ago.
Ok - did you give a quote or anything by email, or was this all done verbally?
Customer: replied 1 year ago.
All done verbally, no quote, an estimate.
Expert:  Ash replied 1 year ago.
So it was only AFTER it was accepted, did you correspond by email?
Customer: replied 1 year ago.
Yes, after the initial meeting in which I said I'd estimate it would cost £350. Then we had a face to face at his office and we started the work. However, he then requested additional things, eventually as time dragged on I told him that it was going to cost more, didn't hear from him then, so emailed an invoice (Hooke Design & Marketing Ltd) Didn't heard anything for weeks, so I repeatedly tried to get hold of him and in the end went via small claims. It was only then that he sudden decided he was unhappy and started to try and wriggle out of paying.
Expert:  Ash replied 1 year ago.
Ok - then you are ok. This is because it only matters what happened UP TO the point of contract. What happened after makes no difference and does not matter.Therefore you can recover the debt because it was POST contractCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No that is great! Thanks!
Expert:  Ash replied 1 year ago.
Great. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex
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