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A couple of years ago I bought a package deal from a home improvement company that involved a main job at the time and some followup maintenance due a couple of years down the line, all for a single price that I paid at the time.
Since then, that company sold all its assets and customer base to a third party. I have it on record from both parties of this acquisition that they accepted that the new company was responsible for the followup work. Having received this confirmation it is also on record that I consent to this change in arrangement.
Now the time has come for the work to be done, and the new company is just ghosting me. I have given them plenty of time to respond but I'm soon going to have to pay for someone else to do the work, as it needs to be done on time to protect warranties. It's going to be expensive, and it seems like I should have a valid claim for breach of contract in the small claims track.
How much of this should I explain in the particulars of claim? My claim will obviously be against the new company but it seems like I ought to establish that I have a contract with them, so will need to outline how that contract was made. It's unclear to me whether this is an assignment or novation of the contract, or if I should avoid these terms completely and leave it to a judge (should it get that far) to do the legal analysis of the facts, as I don't seem to be expected to have mastered the applicable law to have my case heard as a litigant in person under the small claims track.
Since then, that company sold all its assets and customer base to a third party. I have it on record from both parties of this acquisition that they accepted that the new company was responsible for the followup work. Having received this confirmation it is also on record that I consent to this change in arrangement.
Now the time has come for the work to be done, and the new company is just ghosting me. I have given them plenty of time to respond but I'm soon going to have to pay for someone else to do the work, as it needs to be done on time to protect warranties. It's going to be expensive, and it seems like I should have a valid claim for breach of contract in the small claims track.
How much of this should I explain in the particulars of claim? My claim will obviously be against the new company but it seems like I ought to establish that I have a contract with them, so will need to outline how that contract was made. It's unclear to me whether this is an assignment or novation of the contract, or if I should avoid these terms completely and leave it to a judge (should it get that far) to do the legal analysis of the facts, as I don't seem to be expected to have mastered the applicable law to have my case heard as a litigant in person under the small claims track.
