Implied Contract

[Cpt Morgan]

Hello,

I was wondering if anyone could advise.

In an implied contract, i.e. no written contract but work carried out, applications for payment sent etc, how do I establish who the contract is between legally.

I have numerous payment schedules on headed paper from a business called 'XXXXX', and their shop frontage and vehicles all state the same name, along with facebook page references as well, yet they are claiming to be called something different now we are in a dispute.

Can you advise how I proceed re a court claim against them re the name I would need to insert to name them as the defendant. I presume it would be the company name from the payment application schedule etc, and not the name they have stated which implies now that they are a limited company. I haven't received anything until now that implies they are limited, and my relationship has only been verbal and or via the payment schedule or emails/text messages

Thanks

[atticus]

I would use the name shown on the documents issued to you at the time.

I presume this is not a simple case of change of name, but an attempt to direct you to a different legal entity. Is this connected to your previous questions?

[des8]

If the business name on the headed paper does not include the word "limited" or "ltd" and the business registration number your claim should be naming the owner e.g "Joe Bloggs trading as XXXX"

[Cpt Morgan]

Thanks, both, this is a new case sadly. I do wish we could stop rouge traders it is truly out of control

[atticus]

Perhaps a bit more due diligence on your part will find you a less colourful trader to do business with.

[Cpt Morgan]

Perhaps a bit more due diligence on your part will find you a less colourful trader to do business with.

With all due respect, you don't know what due diligence I did or didn't carry out before hand. As it happens I did everything I could to ensure this was a reputable company, so please refrain from the quite unnecessary implied circumstances that took place before this happened, its rather presumptuious of you and you come across as a bit of a 'know it all' to be honest, yet you don't have all of the facts, so best keep quiet in future your reply makes you look arrogant.

[dslippy]

I think you mistook a friendly jest for somthing else entirely.

[Cpt Morgan]

I think you mistook a friendly jest for somthing else entirely.

Hi, I don't think I did, if this was meant to be light hearted etc there are ways of ensuring that is understood. This response was just plain arrogant, nothing more nothing less.

[atticus]

It was an observation made having read your several threads Captain, although it did contain some gentle word play.

I am sorry, however, that I appear to have touched a nerve. That was not intended.

[Cpt Morgan]

It was an observation made having read your several threads Captain, although it did contain some gentle word play.

I am sorry, however, that I appear to have touched a nerve. That was not intended.

No worries, I have just a lot of hassle with a variety of builders despite a lot of homework and references plus double triple checking but there always seems to be a cowboy hiding in the woodwork.