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Campervan booking deposit fee refund - i got a default Judgement, using a named director + a T/A name - the named person got a set aside stating they are an employee only. should i continue?


moneydragon
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I don't know, but shouldn't you have sued who you paid the deposit to?  In other words, the defendant should have been the limited company t/a whatever.  eg Acme Limited t/a Acme Properties.

 

The point of a limited company is that you can't (usually) sue the individuals behind it.  The company is an entirely separate legal "person" from the people who run it or own it.

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  • dx100uk changed the title to i have a Judgement against a named director + T/A name - company refused to refund my deposit. - he is going for set aside as the judgement was issued in wrong name??

@moneydragon  -  apologies if this has already been covered, but I don't think you've explained what you are claiming and why the defendant (whether the correct one or not) is contesting it?

 

I assume from the set aside application that you eventually posted that you were claiming the return of your deposit, but the (wrong) defendant seems to be suggesting that you were in breach of the T&Cs of hire, and that you aren't entitled to a refund.

 

Bearing in mind you may already have chucked £35 away by suing the wrong defendant, are you certain that you have a valid claim in the first place?

 

Yes - not all deposits that are described as "non-refundable" are always non--refundable, but sometimes they are.  What is the precise reason why the hire firm won't refund you?  It might save you chucking away another £35.

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