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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 45784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is ***** *****, my issue is under consumer rights

Customer Question

hi my name is ***** *****, my issue is under consumer rights and breach of contract
JA: Thanks. Can you give me any more details about your issue?
Customer: well I hired a videography company to film my wedding back in August 2014, I contacted them after 6 months to chase up the video etc, they sent an online version in April 2015 for me to edit but I had problems viewing it as it kept saying server error, I made them aware of this on many occasions and even asked them to send video without edits etc (This went on up until August 2015, with two formal complaints) I did not hear anything so I got ADR involved in October 2015 but the company did not respond, instead the director accused me of many things, and then decided to take my video of the server so its no longer available because I am pursuing this to a court matter. I have all the emails as evidence.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $45 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
done
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve please?

Customer: replied 1 year ago.
ForBenJones
Hi, I have filled in the form N1 hoping to get my refund back from the company, The court has sent my documents back as I need to fill in the form N244 to request the documents/court order the defendant at their work address
Expert:  Ben Jones replied 1 year ago.

Thank you but can you please clarify what your question in relation to this is please?

Customer: replied 1 year ago.
I need to fill in the form N224 application of notice so that the defendant can be served at work address, i needed sum guidance on filling in the form
Expert:  Ben Jones replied 1 year ago.

ok thank you I am unclear as to what order you are going to ask the court to make - what exactly are you going to ask the court to do, what specific order do you require?

Customer: replied 1 year ago.
well I hired a videography company to film my wedding back in August 2014, I contacted them after 6 months to chase up the video etc, theysent an online version in April 2015 for me to edit but I had problems viewing it as it kept saying server error, I made them aware of this on many occasions and even asked them to send video without edits etc (This went on up until August 2015, with two formal complaints) I did not hear anything so I got ADR involved in October 2015 but the company did not respond, instead the director accused me of many things, and then decided to take my video of the server so its no longer available because I am pursuing this to a court matter. I have all the emails as evidence.
I sent off the N1 form to money claims centre-trying to get my money back basically.
The court returned the papers and stated that i need to fill in the form N244 application of notice because i cannot make a claim against an individual at their workplace without the courts permission unless the defendant is an individual trading.
So they have asked me to make an application Notice (N244) to serve the defendant at their work address.
Expert:  Ben Jones replied 1 year ago.

ok thank you. I am not sure why you are suing an individual here - your claim is surely against the company, not an individual?

Customer: replied 1 year ago.
Because the individual is the one who the communication has been with, she is the director of the company. All communication and complaints were with her.
Or should it still be the company im suing?
Expert:  Ben Jones replied 1 year ago.

Yes you are suing the company, not the person you have been communicating with. Your contract was with the actual company. The directors will just be in charge of running the company but legally it is the company which has its own legal status. So as your contract was with the company that is who you should be suing, not who you have been communicating with. So you do not need to complete form N244, all you have to do is re-issue the claim or try to get the court to change the current claim to remove the individual and replace it with the company's name.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
if i re issue the claim-i just amend the documents to the companies name.
If i do it through court to change name will i have to fill in a form
Expert:  Ben Jones replied 1 year ago.

You have two options - just abandon the current claim and issue a new one with the company's name. Or you can ask the court to allow you to amend the existing claim but you need their permission to make changes so you would have to use form N244 for that too

Customer: replied 1 year ago.
Ok, I rang the number on the letter (money claims centre) the lady said i can just amend the document and send it back with the letter they had sent me requesting N244.
Customer: replied 1 year ago.
Or would you recommend sending as new claim
Expert:  Ben Jones replied 1 year ago.

They may allow that if it is at such an early stage of the process so do that first then if it is rejected you will either have to fill in N244 asking for formal permission to amend it or issue a new claim. So you have nothing to lose by doing as they have suggested. You have 6 years to make a claim so you are not going to run out of time any time soon if you tried that first

Customer: replied 1 year ago.
Would it be wise to write that in my cover letter stating i am suing the company not the individual and upon advice i have amended the documents.
Expert:  Ben Jones replied 1 year ago.

Yes of course, just state it was a genuine error that you incorrectly thought you had to sue the individual but as soon as you realised otherwise you have tried to amend the claim and it is just simple change of who the respondent is. Hope this clarifies?

Customer: replied 1 year ago.
thanks.
Expert:  Ben Jones replied 1 year ago.

You are welcome, If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you