Mog

Further to the saga of my tiled kitchen floor it looks like I'm going to have to try and recover some monies.

The tile layer it turns out owns the unit where we got the tiles from, so basically he supplied and fitted the tiles, its gone **** up and after 4 visits over 7 months cant resolve the issues we have and we have lost faith in him and his abilities.

It looks like he is a sole trader using a company name ...trading as such and such but also has a history it turns out of setting up ltd companies and folding. If I take him through the small claims court system (£900) am I right in thinking he cant say I'm folding the company so go whistle as a sole trader/trading as is personally liable.

Mog

Account deleted by request

Where are you based mog? If Midlands I can probably sort, get your 900 for 25% fee. SN discount as its normally 30%.

Chop

Mog

Sorry in Suffolk but if it involved breaking his arms I might consider 30%.....

Mog

Account deleted by request

I got fed up of people not paying me and was introduced to this ex army officer. He is built like an outhouse but is not violent in anyway, he just pesters people until they pay. My personal favourite to date is a chap who wouldn't pay me £800 for some work I did, my friend went round, he wouldn't pay so he turned up at this guys golf club and sat in the club house. When he'd finished his round he went up to his chums and started telling them how their friend wasn't paying his bills and had financial problems etc. I had a cheque that day.

I now spread the word to other traders and I organise and take a small cut, he's busier now than he was in the army

He hasn't not got the money for someone yet, although 1 or 2 people that didnt have the money now pay weekly.

Shame your not local.

Chop

Mog

Thanks for the thought though......any legal eagles out there...

Mog

Account deleted by request

As an answer to your question.

I have been in this position in the past. If he is trading as a sole trader you can take him to court and he cant just fold the company. He would have to go bankrupt to avoid a court order against him.

I would get the papers, try and get a friend with a legal ish mind to help you fill them out thus avoiding legal costs. Serve them and I wouldnt be surprised if that was enough to scare him to pay up.

Chop

Mog

Ta, have used the small claims system before with sucess against joe blogs but not another trader/company.

Mog

P1 Daveyboy

Try here this may point you in the right direction mate
Her Majesty's Courts Service -Forms and Guidance

MikeCardiff

iTrader: (2)

For the small amount involved, just go through the small claims court.

As a sole trader he will be personally liable if you win, so cant fold the company as he doesn't have one to fold.

Getting the small claims details in the post may be enough to show him you are serious, and he may just cough up, but if it does go to court you will need to make sure you have enough solid evidence to prove to them that you are right and he is wrong.

Ideally you would want someone who is recognised as knowing about ( council building inspector possibly ? ) tiling to write you a report stating what the problems are and that the work hasn't been carried out properly, so the court can see its not just your personal opinion. Alternatively, contact your local trading standards and see if they have anyone who can come out to do it.

If you dont get this, it will come down to you say you arent happy with the work, and him saying its fine, and they wont know either way.