Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you tell me a bit more about the situation so that I can advise. Thank you
OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
will be quite soon actually, 10mins...
The main consideration here is who you had a contract with. Obviously a company will have to use individuals as their representatives and they are the ones you would converse with and do business with and in the end the ones who would do the work. But the contract would still be with the company and it is who you would be pursuing.
You therefore need to go right back to the start to look at whether the arrangements about the work were done in the name of the company or by the builder as an individual. This would depend on who you initially approached, if it was the company or him personally, if any correspondence was sent from its name or directly from him and so on. It is a factual issue based on what happened. In the end if it is impossible to work out which party it was you had a contractual relationship with, you can consider making the claim against both parties and let the court decide.
yes it could be either to be honest, in the end it would be just one but there is no guaranteed way of finding this out to start with. I would say he chances are that it was the company because once contacted he dd start representing himself as being the company rather than the individual
potentially yes but if it was just an error then there is no reason why they should not allow it.
There issue with pursuing both parties now is that in the end you are only going to get judgement against one of them. So you may pay rate to add them only to find they are taken out as a respondent later on. The alternative is that you pursue one of now and see if you beg judgment against them. You then know that there is no point pursuit the other party. There is no right or wrong answer at this stage until you know who legally you had a contract with. So there is no point in including him as an individual and do what the police have said if the contract was not with him personally as a judgement will not be issued against him. I would say issuing against both is probably best and let the court decide who has legal culpability. In terms of service address for him you can try www.192.com or just serve at an address where he is likely to receive mail, if he is running the company and it has an address the chances are he is there as well
I won't be able to look at these now unfortunately as leaving the office but will do so most likely tomorrow
Hi there, sorry the online status is not accurate as sometimes I may be left logged in on a device but not actually be online and available. Anyway, looking at the documents it very much appears that it was made out that you were dealing with the company rather than an individual in a personal capacity. In the circumstances you should really be pursuing the company rather than the individual because when a court looks at the contractual documentation leading up to this agreement it would certainly appear that you were entering into a contract with the company rather than the individual. So whilst the individual may have their name and signature on some of these documents, as mentioned a company will have people representing it and signing documentation on its behalf but the contract would still be with the company. Just because a person has signed something on behalf of a company does not make that person liable and in this case it would be the company that you should really be pursuing.
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
You are most welcome, all the best
Hello my name is ***** ***** I will help you with this.
You need to amend your claim.
For more information please see:
But you need to amend, file and reserve.
Can I clarify anything for you about this today please?
No, he opted out, which is why I have continued
Does that clarify?
Ok. If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!
I am on for another hour at most. But if I could ask you to rate before you go, the question does not close. Thanks!
There should be one for 5 stars or happy faces. If not let me know as it may be you rated the previous expert.
Looks like that is the case so I can get the rating transferred to me if you would like?