Small Claims Problem ?!?

[syvonne]

Hello all ...

I'm in the process of being a court claim against a wedding venue that have refused to refund our deposit after our wedding was cancelled due to the pandemic, my question is that they are defusing to give me the trading name of who our contract was with ... the venue is called Moxhull Hall but they are not a LTD company, the 2 people I’m dealing with are husband and wife and are both directors, but of a separate catering company called Annabella Catering, which is registered at Moxhull Hall ... im concerned that if I enter the wrong details the case will be thrown out before it starts ... are there any legal acts that require a business to provide theIt Trading details for which we are in contract with ?

many thanks, Simon

[ostell]

So what does many communication with the company say? What was on the receipt?

[syvonne]

On all correspondence we’ve had it just states:

Moxhull Hall

We had dinner there a couple of years back, found the online bank transaction and that was also listed as “Moxhull Hall”

When I asked who the contract was with, he simply replied stating that he and his wife were directors and gave the address of the hotel .... yet checking companies house, Moxhull Hall is not a LTD company ... he and his wife are Directors, but of a separate catering company based at the hotel ?!? .... I’m worried as I feel he could be using this as a way of side stepping any claim !!

[ostell]

So was it a cheque, debit card, credit card payment

[syvonne]

Unfortunately my partner paid the deposit and she paid cash, she received an email receipt which was one of the standard emails we’d had before and had the Moxhull Hall name & address at the bottom.

thanks

[ostell]

So it's the name of the directors trading as Moxhull Hall. The receipts with the name on show that.
See what others say about it.

[des8]

You can trace if a person is a Director of a limited company here: Search Companies House (company-information.service.gov.uk)

[syvonne]

Ok, that makes sense ... problem is in the government online claims service the only options they give you are:

Individual
Sole trader
Ltd company
Organisation

on both Ltd company & Organisation options you can put company name & contact name ...

I’m at a loss though of what to select ....

[wales01man]

Do you have a VAT number on a receipt?

[syvonne]

Hi des8 ... yes, I found them both and they are both directors, but of a catering company called Annabella Catering, whose registered address is Moxhull Hall Hotel ... but Moxhull Hall is not listed as a LTD company ... ??!

[syvonne]

No VAT number !! .. My partner paid in cash and all she got was an email receipt ... only detail were added to the bottom of the email which was Moxhull Hall and the address

[efpom]

Every trader in the European Union is required by EU law to properly identify himself to any consumer, and do so on paper or another durable medium. The UK transposition of that law references the relevant Directives in the explanatory note to the Regulations. Despite Brexit the Regulations remain in full force.
https://www.legislation.gov.uk/uksi/...lation/10/made
If a trader does not comply with the formalities required by Schedule 1 or 2 as the case may be, the following applies.
http://www.legislation.gov.uk/uksi/2...lation/36/made
So issue your claim against both companies.

[ostell]

I think you can use individual and add in the t/a

Looking at their web site the names Andreas & Bobbie Kalavanas appears many times so it can be aduced they are the proprietors t/a Moxhul Hall

[des8]

Oops .. should have read back.

In that case sue them personally
If they turn round and say your contract was with their limited company you apply to amend your claim at their cost.
All limited company documents (including receipts) have to include company name, address and registration number

Sole trader would only show trader's name and any business name being used

[efpom]

As Moxhull Hall Hotel Limited is dissolved, you claim against both the catering company and the owners of the premises as described in the land registry.