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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a small family run business. We claim reliefs back

Resolved Question:

We are a small family run business. We claim reliefs back from the council for other businesses. A Customer whom I contacted regarding our service said he would like to claim but his company had ceased trading last year. I told him as he was the ratepayer of that company whilst it was trading he could still claim the relief for those years. My son went to get the contract signed and an authorisation form for the council. His wife signed both forms and we applied in the name of his previous company. The council gave him the full relief of £2500. in the form of a cheque made out to his former company. I then rang the council and explained that the company had ceased trading and could they put the cheque into a different name? They agreed. I told Mr Hickman to return the cheque to the council by registered mail with a note of the name he wanted on the cheque, which he did. I waited for Mr Hickman to receive his funds and then invoiced for our 30%. He refused to pay saying that he had had no dealings with us and there was no contract in his name. I have an email from the council stating that it was due to our application that a refund was given to his old company and then when that cheque was returned, paid into his personal bank account.
I would like to know if we have any chance of getting our money if we take him to small claims court?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

How much do you want to claim please? Did he sign any terms and conditions with you? If so was it him or his company?

Customer: replied 11 months ago.
Hi Ash
We want to claim £787.50 plus court costs. As I explained his wife signed on behalf of Seymour Motor Co Ltd. Our contract has 8 T's & C's. His new business is in the name of D S Motors (Lye) Ltd
Expert:  Ash replied 11 months ago.

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. You can only claim against the old business, not the new one sadly and him personally. You can issue personally because it was paid into his bank account

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Just to confirm thenI can claim against him personally?
Expert:  Ash replied 11 months ago.

Yes because he banked the cheque.

Does that clarify?

Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you Ash
Customer: replied 11 months ago.
Sorry, It wasn't a cheque. The council paid him by BACS