Can you take two companies to court on the same claim?

[DT&FE]

I know you are all very busy so I will summarise, booked a holiday - it was a complete disaster, have complained to no avail. I now want to claim through the small claims court however the on line company I booked with say they are not the supplier and an alledged supplier say we have no contract with them our contract was with the hotel and they merely facilitated that contract!!

 

Can I name both companies on my claim and let a DJ sort it out?

[AndyOrch]

You name the company that you have the contract with and paid the fee to.They can then give their excuses to a court.

 

Regards

 

Andy

[DT&FE]

Andy

 

Thanks for coming back to us, the problem is we can't establish who we had the contract with. Are we right to assume that it is the company that took the booking and the money?

[dx100uk]

how did you pay?

 

card companies can be equally responsible..

 

be in through section 75

or

chargeback

 

dx

[Ganymede]

I know you are all very busy so I will summarise, booked a holiday - it was a complete disaster, have complained to no avail. I now want to claim through the small claims court however the on line company I booked with say they are not the supplier and an alledged supplier say we have no contract with them our contract was with the hotel and they merely facilitated that contract!!

 

Can I name both companies on my claim and let a DJ sort it out?

 

What exactly happened on your holiday?

[andydd]

You can name both companies but its worth checking if there are any downsides in naming a company who are totally innocent and nothing to do with it (i.e could they claim costs ?, although this is unlikely in a small claims, I assume the total is under £10k ?).

 

As suggested its worth investigating T & C's and contracts to see who your contract is with, if you really do get stuck then naming both is acceptable.

[Rex Shepherd 7]

Name them both if you cannot identify one but explain why in your Particulars. Who you pay is often not who your contact is with when it comes to holiday law. Sending both a letter of claim may make it clearer should they reply.

 

Adverse costs on small claims only if conduct unreasonable and against unrepresented litigants extremely unlikely so have no fear about naming them as joint D's.

 

Do you have home insurance legal assistance to do it for you?