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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 5 months ago.
Category: Law
Expert:  Ash replied 5 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 5 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 5 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 5 months ago.
Just to confirm thenI can claim against him personally?
Expert:  Ash replied 5 months ago.

Yes because he banked the cheque.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you Ash
Customer: replied 5 months ago.
Sorry, It wasn't a cheque. The council paid him by BACS

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice