Help with Particulars of Claim - Breach of Contract

[keiko315]

Hi there,

I am looking for some advice and hope that someone on here may be able to assist me. First, a bit of background:

I am a professional DJ who has a contract with a venue. They have breached the terms and I am looking to recover the losses incurred.

The contract itself is commences on 11-May-2012 and is for a period of 26 weeks. It clearly states;

"Cancellation: After 8th November 2012, either party may cancel this agreement by giving the other a minimum of 28 calendar days written notice. Should you the hirer, wish to cancel any agreed booked date covered within this agreement, then payment will still be due in full."

I received a phone call on 11-Oct-2012 stating that my services were no longer required, effective immediately.

I have written to them requesting that they pay the monies due from the remaining 4 weeks of the contract and had no response.

I am now ready to take the next step as detailed in my letter to them and pursue the matter through the Small Claims Court.

I have two questions:

1. How much do I put the claim in for? Technically, there were still 4 weeks still to run before either of us could have given the required 28 days written notice. So that would make 8 weeks in total. I did however say in my letter to them that I would be happy with the 4 weeks hire.
2. What do I write for the Claim Particulars? I am using MCOL to make the claim but am unsure of what is required.

Just as a further note: As of yet, I have been unable to replace the cancelled Friday night slots with another booking(s). If I were to get one or more in its place then I would be happy to deduct that night from the amount claimed.

I would appreciate your assistance with this and look forward to a response.

Martin

[EXC]

Re: Help with Particulars of Claim - Breach of Contract

1. Although the cancellation clause implies it would be 8 weeks, it doesn't explicitly say so - so I'm not sure. If you didn't mark your letter (where you said you'd be happy with 4 weeks) ''without prejudice'' the defendant could bring this to the attention of the court.

2. There's a guide formatting Particulars of Claim (POC) here http://www.legalbeagles.info/forums/...803#post243803 that you'd need to modify to suit. Be aware that if you're filing your claim through MCOL ''The particulars of claim included on the claim form may not exceed 1080 characters, on up to 24 lines. This includes the interest paragraph, if appropriate'' so you'll need to make it concise.

I'll ask Springer Spaniel to advise further.

[keiko315]

Re: Help with Particulars of Claim - Breach of Contract

Thank you for your reply.

No. The letter was not marked "Without Prejudice". I am happy to provide copies of the contract(s) and the letter on here if required.

Also, I forgot to mention in my earlier post, whilst this particular contract was dated in May 2012, I have had a new contract from the venue every 6 months since November 2009. I have original copies of each of these agreements on file.

I will have a go at drawing up the PoC later today (using the guidance from the link) and will base it on the 4 weeks unless I hear otherwise.

Many Thanks

[SpringerSpaniel]

Re: Help with Particulars of Claim - Breach of Contract

I would suggest you claim for the full amount, but expect to concede a willingness to accept what you offered in your letter, either in court or in out of court negotiations.

[SpringerSpaniel]

Re: Help with Particulars of Claim - Breach of Contract

Although you are quite entitied to make a claim in the County Court on the Small Claims Track for Breach of Contract, as this dispute concerns your work, another option is bring a claim in the Employment Tribunal. This has jurisdiction over a breach of contract claim as well as unfair dismissal etc. If you were doing this, you would need an 'ET1' not a claim form and 'Grounds of Appeal' not 'POC'.

Whichever route you take, if you have not already sent a pre-action letter stating that if they do not pay wihtin 14 days you will issue proceedings, you should do this as your next step.

[SpringerSpaniel]

Re: Help with Particulars of Claim - Breach of Contract

You will need to exhibit the contract to your claim form and POC, not sure if this can be done via MoneyClaimsOnline.

[EXC]

Re: Help with Particulars of Claim - Breach of Contract

You will need to exhibit the contract to your claim form and POC, not sure if this can be done via MoneyClaimsOnline.

Thanks Springer.

The procedure for incuding documents etc in addition to the 1080 characters in the POC for MCOL is:

''You may serve additional particulars after issue. In order to do this, you must provide a copy of the additional particulars to the Defendant within 14 days of issuing the claim, and file an N215 Certificate of Service with the Court''

http://www.justice.gov.uk/courts/nor...sked-questions

So quoting the relevant clause in the initial POC should suffice.

I agree that the full 8 week claim amount should be used, at least as a starting point.

[SpringerSpaniel]

Re: Help with Particulars of Claim - Breach of Contract

I probably wouldn't do this via MCL, I would issue it at the county court officce, attaching full POC and the contract relied upon - unless filing in the Employment Tribunal (which at present is free of charge, unlike the county court).

[keiko315]

Re: Help with Particulars of Claim - Breach of Contract

Thank you for your replies so far. Sorry for the delay in getting back to you.

Please find below a copy of the PoC. I would appreciate your thoughts, opinions and amendments where necessary:

Particulars of Claim

1. Since November 2009, a written contract has been in place between the claimant and the defendant. The contract has been renewed every 26 weeks thereafter with the latest contract dated 11/05/2012.
2. On 11/10/2012, the defendant did breach the terms of the contract by verbally informing the claimant by telephone that his services were no longer required, effective immediately.
3. The contract clearly states that the contract may be cancelled by either party giving 28 days written notice to the other at any point on or after 08/11/2012.
4. Claimant claims: (a) 8 weeks lost revenue at £150 per week. This totals £1200.00; (b) Interest per S.69 County Courts Act 1984 of 8% per annum from the date they were deprived of the money £4.77 continuing at the daily rate of 0.022% until judgment or payment.
5. Costs allowed by the Court.

Also, I have made copies of all of the signed contracts to submit to the court along with the claim. Am I right in thinking that I need to submit 2 copies of each, one for the court, one for the defendant? Do I need to include any further documents?

Thank you in advance

[EXC]

Re: Help with Particulars of Claim - Breach of Contract

Looks fine to me except I would include, in the first line, a brief description of the nature of the services you were contracted to supply.

Also, I have made copies of all of the signed contracts to submit to the court along with the claim. Am I right in thinking that I need to submit 2 copies of each, one for the court, one for the defendant? Do I need to include any further documents?

Yes you need to submit 2 copies of everything. You don't need to include any further documents at this stage.

[keiko315]

Re: Help with Particulars of Claim - Breach of Contract

Hi there.

Further to my last posts. I have now filed the claim following the guidance given by this forum. Thank you!

They were given until 21st April to Acknowledge the claim. They did so on 10th April, but have not yet submitted a defence.

The thing I am slightly concerned about is that they have stated the name of a Limited Company in the "Defendant's full name if different from the name given on the claim form". The reason for my concern is that the person who runs the bar is well known for running up debts with Limited companies, then simply dissolving them and creating a new one to take over the running of the business. Usually with the help of a family member being director on his behalf.

I have done a cursory search with Companies House, and there have been 33 directorships by him, his wife and his daughter in the past few years with the majority of those having being dissolved.

I know I am jumping the gun a bit here, but forearmed and all that. Ideally, when judgement is made in my favour (which I am certain it will be), I would like the judgment to be made against the premises and not the name of the Limited Company they have given the court. I know that as soon as judgement is made, plans will be made to dissolve the company and I will not get a penny owed to me.

My question is:

Can the judge make the order against the premises instead of or even as well as the now named Limited Company?
If so, how do I make my case to the judge to do so?

I hope that someone will be able to help and thank you in advance for any input and assistance.

[EXC]

Re: Help with Particulars of Claim - Breach of Contract

Can the judge make the order against the premises instead of or even as well as the now named Limited Company?
If so, how do I make my case to the judge to do so?

In short no.

The defendent will be whoever was named in the contract and whom you named in your claim (which should be the same). The defendent cannot transfer liability of the claim to another company.

[keiko315]

Re: Help with Particulars of Claim - Breach of Contract

Thanks for your swift reply.

Thats the thing. My claim was against the bar itself - with whom I had the contract. Now they have given this Limited company name instead. A company which I have never knowingly had any dealings. All paperwork was in the name of the pub too.

So what or who is the judge likely to make the order against?

[EXC]

Re: Help with Particulars of Claim - Breach of Contract

So what or who is the judge likely to make the order against?

If the claim named the pub as the defendent then it is the company that currently owns it.

[keiko315]

Re: Help with Particulars of Claim - Breach of Contract

Okay. Thank you.

So as I understand it: if judgement is made against them, and then they dissolve the company, I will lose out and not be likely to receive anything. Is that correct? If so, is there any way of preventing this from happening?