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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to file the following small claim

Customer Question

I want to file the following small claim and would appreciate your advise on how to actually file it and what to consider and if the story line is coherent. Full details are available, obviously. Here we go: Re: Small Claim from **** ********* *********** LLP (“J8) against *** Private Office Ltd (“***”) to pay refund of GBP 6,000 and against ***** ******, the Director of ***, for misrepresenting ***’s position. Sir, This is a summary of our claim: A) Transaction: J8 ******* ********** LLP (“J8”) entered into (see attached) “*** J8 Agreement” with *** Private Office Ltd (“***”) and paid GBP 5,000 plus VAT (= GBP 6,000) to *** on 16 June 2014 (see attached “Bill payment HSBC Bank”) for introductory services to clients. B) Terms: *** promised in the agreement to pay 100% of the fee back if J8 receives no business or client from their activities within one year or refund J8 pro-rate if the agreement was terminated early. The year has passed, and no clients were introduced nor business generated from ***. C) Small Claim: J8 claims from *** the refund of GBP 6,000 as per “*** J8 Agreement” as J8 received no business or client from ***’s activity within one year. D) Misrepresenting ***’s position: ****** ****** a) raised great expectation and illusion about the benefit for J8 from using his services, b) created urgency for J8 to sign up, and then c) resigned as Director from the company one month later for the company to be dissolved but continued “business as usual”. Here are the details: a. Raising expectation and creating illusion: On 9 June 2014, ****** ****** wrote in an e-mail at 15:32 that (see attached “Re: ** ******* ****” and please scroll down the e-mail trail) “I now reach a combined total of just over 46,000 private high or ultra high net worth investors and private clients. I operate a very private E Mail service for companies to reach our clients, as well as from next month a private access, password ***** online magazine, called **********. ****, which denotes the current number of Billionaires.” To my question what he thinks is the chance to attract a seed investor or investors for the Fund, ****** ****** replied on 9 June 2014 at 17:03 (see attached “Re: J8 Futures Fund”) “I deal with single and multi family offices, as well as smaller private investors, and so I would suggest every chance. It's potentially a very good deal for you, as I take no fees or commissions on the potential capital raised, as I am already retained by several *** and ******’s, in order to offer such deals as added value to my daily work. Therefore the small annual fee I charge simply for the portal could obviously be hugely beneficial. I would steer your offer for the larger amount to my single families who are always looking for such opportunities, and the smaller amounts out to our multi, and private wealth clients. For your piece of mind, I am happy to offer a clause into the agreement, which will state a return of your annual fee at the end of Y1, if we have not provided you with what you believe to be exceptional value. I cannot say fairer than that.” b. Creating urgency: On 15 June 2014 at 11:03 ****** ****** wrote (see attached “Re: ** ******* ****”) “Can we speak on Monday, as I am seeing some very influential clients this week and would very much like to work with you as previously discussed in our e mail's.” He then followed up on 16 June 2014 at 10:34 (see attached “Agreement”), creating more urgency for J8 signing up to his services by saying “If you can sign, scan and e mail me the agreement, and take care of the invoice today, via a banking transfer, I would much appreciate this as I will already be discussing with clients in town from tomorrow.” c. His resignation shortly after but continued “business as usual”: About one month after our agreement, ****** ****** resigned as director from *** on 19 July 2014 (see attached “*** Termination of Director”) with *** targeted for being struck and dissolved by ********* ***** on 21 July 2015 (see attached “*** Notice to struck off and dissolve Apr 2015”). He then continued “business as usual” under a new name “** ******* ******”, which is not incorporated. In fact, I was unaware at this point, that he had resigned from *** and ** ******* ****** was his new venture. ****** ****** wrote on 22 July 2014 at 13:11 (see attached “Discussions”) “I am also due to be in Oman with some clients next month and so we can discuss these clients when we meet, and they are then going to be in London a few weeks after.”

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.

Hi Nicola,

please continue your search.

All I need to know, How do I file a Small Claim for payment against that company and the director for misrepresenting the company's position.



Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
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: or by completing form N1 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.
Can I clarify anything for you about this today please?