Thank you very much. We will proceed in that case. I really appreciate your advice.

We never received a written acknowledgement of the works in terms of a formal contract, but there is plenty of e-mail and text correspondence that refers to the works to be carried out. E-mails discussing dates, e-mails where he requests funds are paid, as well as an e-mail saying that he cannot fit carpets before Christmas because they aren't in stock. We also have a letter he has written when he says that he isn't going to rectify the problem because he doesn't think it's his fault, and declaring that he does intend to return part of our carpet deposit when he sees fit. It's now completely extraordinary that he is saying he never received anything - when we have a bank statement to prove it, but I fear he is so dishonest, that any way of getting out of it he will. Especially if somehow we should have put the name of the company rather than the contractor on the claim. Any thoughts very gratefully appreciated.

A flooring contractor undertook some work fitting a wooden floor for us, and agreed to supply carpets. We paid in full for the floor which he fitted as agreed. And a deposit for the carpets of a thousand pounds. To cut a really long story short he never supplied any carpets and the floor lasted a month before buckling and peeling away. As a result we are taking him to the small claims court to recover the money, but are now concerned that because we are suing the individual rather than the company he owns - he may wriggle out of it. His defence is merely that he never received any money from us or entered into any contract! (Even though we paid to the company account via bank transfer. We are feeling pretty desperate so any help greatly appreciated!