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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I have recently made a small claim against a furniture

Customer Question

I have recently made a small claim against a furniture retailer resulting in a default judgement being entered.
The judgement debtor has filled a N244 stating that a search of company records could not establish the claimant as a party to a contract with the defendant and therefore would not be entitled to bring a claim.
The sales invoice shows my cohabiting parterners name only with my signature in the customer box agreeing to the terms of sale.
Both my partner and I jointly paid for the goods my making payments from debit cards registered in each of our names.
When the goods were received it was myself who signed for the goods.
As far as my partner and I are concerned the goods were a jointly purchased and are jointly owned.
My questions are:
From a point of law (please quote if possible) based on the above information, did I enter a contract with the defendant? If so how likely is a district judge going share the same view once I've presented evidence to oppose the defendants application?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Was the furniture bespoke? Did you pay a deposit with final payment on delivery?

Customer: replied 1 year ago.
Hi AJ,The goods were not bespoke.They were paid for in store with a deposit from my partners debit card to secure the order. The balance was paid in store, in full using my debit card prior to delivery.