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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71451
Experience:  Qualified Solicitor
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I am filing a claim against the director of a luxury company

Customer Question

I am filing a claim against the director of a luxury company who collected my items to sell in Dec 2019. We agreed that he would authenticate the items and then we would meet again to discuss the price and his commission. Since then he has refused to return my items. He later admitted that he had sold them. I am filing a claim for the market value of the items. I sent him a letter stating this over 30 days ago.
Kindly review the details of the claim and let me know if I need to add anything or make any changes.
Thank you.
Submitted: 24 days ago.
Category: Law
Expert:  Ben Jones replied 24 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 24 days ago.
No worries. Thanks Ben.
Expert:  Ben Jones replied 24 days ago.

Hi there. How much does he owe you in total and how long has it been outstanding for?

Customer: replied 24 days ago.
We never agreed on the prices of the bags. So I am not sure how much he sold them for. Based on the prices of similar items online, I estimate the value to be about £3650.
Customer: replied 24 days ago.
He collected the items Dec. 2nd, 2019.
Expert:  Ben Jones replied 24 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 24 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

I see that you have made the claim against the person as an individual so you just need to be sure that you officially dealt with him personally rather than his business. If he is a Limited company and you traded with him through it, then the claim needs to be made against the company. However, if he is a sole trader and only has a trading name, without it being a formally registered limited company, you would be right in claiming against him as an individual. Try not to claim against two entities together and choose the right one and only claim against it.

The other thing I noticed is the interest rate which you have stated as being £292 per day. That is extortionately high and I think you meant this amount to e the annual rate rather than the daily one. If you wanted to calculate the daily rate then you will divide the annual amount by 365 and that gives you £0.80 daily rate.

Expert:  Ben Jones replied 24 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 24 days ago.
Thank you Ben.
I traded with him as I met him through his company website. I am unclear as to what determines whether it was through him personally or through his company.
Also, if I file the claim against him personally, couldnt he claim that he doesn't have any money and therefore is unable to pay me?
I just checked online, looks like this company was incorporated in July 2020.
Expert:  Ben Jones replied 24 days ago.

Hello, thank you for your further queries, I will be happy to answer these. Who you had a contractual relationship with will depend on the actual facts of what happened, whether there was ever any representation or mention of the company being involved in these dealings and who you actually dealt with. It really depends on the facts.

If you claimed against him personally he could try and claim he has no money but it depends on the reality and if he actually does or not – you could petition for his bankruptcy in that case and that may change his mind

Customer: replied 4 days ago.
I filed for a claim. The defendant has offered to pay only half of what is owed. I cannot accept this and would like to challenge this. What do I do next?
Customer: replied 4 days ago.
File attached (T3TMVMT)
Customer: replied 4 days ago.
File attached (S41S4QL)
Expert:  Ben Jones replied 4 days ago.

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we would request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, thanks