Small Claims Problem ?!?

[ostell]

I don't think the catering company is mentioned anywhere on the website or documents

[syvonne]

This is amazing info and help, thanks so much

think I’m going to try an email quoting the legislation highlighted by EFPOM, requesting full trading name and address of who our contract is with.

[syvonne]

I guess my issue is, if he replies stating Moxhull Hall and listing himself and his wife as directors what option do I select from the governments online money claim site

individual
sole trader
ltd company
organisation

As we’ve established that Moxhull Hall Ltd was dissolved few years back ?

[ostell]

Don't forewarn them and give them time to tidy up. Look at the "About" section of their webpage, even print it out for later. It talks about them buying and and renovating the hall.

individual, I think you can add a second individual and add trading as

[syvonne]

Hi Ostell, forgive me, but in what context do you mean “don’t give them chance to tidy up” or don’t “forewarn them” ... thank you

[efpom]

My advice - do NOT mention the legislation at this stage!

[ostell]

Tidy up the website for instance by removing their names, remove themselves as directors, create another company.

That's why I suggested print out that web page that ties them to the hall. Print it out as a PDF file. Civil cases are on the balance of probability.

If their defence is that it was the company trading then you show the emails that do not comply with the requirements of company law.and it is him t/a moxhull hall

So write to the owner requesting that you require the return of the deposit within, say, 14 days, or you will commence legal action to recover the money. In the meantime get your case ready on MCOL so that at the end of day 14 you can submit the claim and he should get it 2 days later. Use first class post so that you can get a certificate of posting from a post office. Tell him that you no longer accept emails. You may get a letter by return with details of how they are trading in the footing.

So what would your particulars of claim state?

[syvonne]

Basically the CMA issued a statement to deal with weddings booked that were affected by the pandemic, ours was booked for Aug 2020 ... the CMA state that as consumers we are under no obligation to re book at a later date or accept a wedding with restrictions, they class this as “radically different to what was booked” ... and as such the contract would be deemed “frustrated” and we would be entitled to a full refund.
he is claiming that he is entitled to keep all the deposit of £1,000 to cover costs spent on administration and percentage of costs for running the venue.
I did point out to him that the CMA clearly state that even if eligible the only monies that can be kept from a deposit would be for funds spent by the venue specifically and directly linked to our actual wedding day .... we hadn’t even had our initial meeting to start planning, the venue had literally done nothing linked to our day whatsoever !!
he just simply stated we were wrong and that he would no longer communicate with us !!

[syvonne]

I have the MCOL pretty much done and saved upto the point of submission, my only concerns were which option to select ie: individual, sole traderltd, ltd company or organisation ?

[ostell]

I can't look at MCOL on this machine but individual and second defendant but get in the t/a Moxhull hall. Could be sole trader and again a second defendant and t/a

from what has been said I don't think Ltd company or organisation

[syvonne]

These are the 4 options I get

[syvonne]

I can also show the options I’m given for each choice if that would help ?

[ostell]

Sole trader as you have been dealing with him but you must do the T/A. If you get the chance to enter a second defendant then add his wife's name

The form has changed since the last time I used it!

[syvonne]

This is the following screen when selecting sole trader

[ostell]

To my mind that looks the route, especially as it has the t\a section