Taking a Sole Trader to court

[J2123]

Hello everyone,

 

I'm having a problem with my local phone repair person,

 

I gave him my phone to change the screen and paid £100 for it,

 

they have changed the screen but now the home button doesn't work and there seems to be some dead spots on the screen as I can't type some letters in.

I have tried solving this problem with them but he demands another £70 for fixing these issues, my phone is only worth £200 2nd hand, so that is really unfair.

It's important to note that those features were working even when the screen was cracked.

 

My only option is to take him to small claims court, and I need some assistance with that please. I don't know the person's name but I know that he's a sole trader, do I put his business name on the claim.

 

I also don't a have receipt, but I have a reward card with one stamp that gives me a discount on my next purchase, also my bank statement shows that I have withdrawn that amount on the day, do I have any chance of success in court?

 

Thanks for your help

Edited February 25, 2018 by J2123

[disgruntled2007]

If he’s a sole trader he should be trading under his name...

[J2123]

Can't I just put the name of his shop and its address on the claim?

Edited February 27, 2018 by dx100uk
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[disgruntled2007]

You could, but you need to be sure you’re suing the right person/entity.

 

Name him. Location, too.

Edited February 27, 2018 by dx100uk
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[J2123]

Would I not be suing the right entity I put the name and address of the business on the claim?

Edited February 27, 2018 by dx100uk
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[disgruntled2007]

Maybe, maybe not.

Edited February 27, 2018 by dx100uk
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[dx100uk]

Should be registered still

Have you used the consumer rights act on him?

[J2123]

Yes, he is not accepting responsibility.

Edited February 27, 2018 by dx100uk
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[Manxman in exile]

Just to add - I think OP has come to this board from MSE because I suggested it.

 

OP paid cash, has no receipt and does not know who carried out the repair. (It would appear, perhaps, to be a sole trader who was renting a space in a 'phone repair "shop".)

 

OP obviously knows the name of the "shop" (if I understand the OP correctly) but doesn't know who actually did the repair or who she paid.

 

I suggested she come over here because I know you guys can sometimes give good advice about identifying whom exactly to claim against.

 

But I fear it's going to go nowhere.

Edited February 27, 2018 by dx100uk
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[SuperVillain]

A bit convoluted but perhaps a request to the local Council under s35 of the Data Protection Act explaining the situation and asking for the name and contact details of whoever is paying the business rates at the premises, and then a letter before action to them.

 

Risky to jump straight into suing them...

 

Or just be a bit sly - ring the shop next door, say you wanted to thank the phone repair guy for fantastic service but didn't know his name to put on the thank you card/flowers...

 

Second option is less likely to get you the right information obviously...