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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

sharburrys

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  1. sharburrys
    sorry I gave a name above if you can delete that will be great:)
  2. sharburrys
    Ok I see what you mean There is no great deal to be honest I can provide them but our claim is based on 1- duplicate charges on the account (15% of the claim) 2- Company did not have to pay VAT as the company is dormant and the vat number belongs to a different company (85% of the claim) So if I provide this information they will be exposed and be nasty and they can prepare their defence strongly as I was planning to hit them with number 2 above Also we have got an ongoing case which I am quite confident about as they are previous cases to show in the past and order was given to the tenants favour so in this case one of the party company B (I mentioned above) is the party in the other case. so if I want to make their job more difficult can I request one of the defendants to change their solicitor based on "conflict of interest in between defendants and the claimant" if so what CPR paragraph I can do this request Regards
  3. sharburrys
    Thank you Andy Do I need to provide the documents that they requested before the DJ s order Regards
  4. sharburrys
    We are suing 2 companies but one if which is a dormant company who is going for a counter claim
  5. sharburrys
    Sorry Andy I think I missed that one Yes we are the claimant but we took 2 parties for liable One of them is a dormant company who would like to go for a counter claim Second party they request a stike out as they have never been a party in our lease What I am saying is their counter claim should be ill founded? As the counter claim is issued on behalf of a dormant company They are playing very strategically because the dormant company does not trade anyway so their credit score will not be affected But in the meanwhile they are trying to take the main trading company out of this case
  6. sharburrys
    So does it mean that we may be liable with paying their legal fees?? 1- but we kept the claim less than 10k for this case to go small claims tracking? Can we not pursue for SCT? 2- I would like to know whether there is a CPR paragraph which will enable us to to request a strike out as the counter claim is issued on behalf of a dormant company. 3- Can I request the court to change 1st or 2nd defendants solicitors based on conflict of interest?
  7. sharburrys
    But the claim is originally issued for £9.5K by the claimant 1- so is it our problem for this case to go fast track rather than small claims tracking? Can we not pursue for SCT? 2- Also one of the defendant is going for a counter claim and I would like to know whether there is a CPR paragraph which will enable us to to request a strike out as the counter claim is issued on behalf of a dormant company. 3- Can I request the court to change 1st or 2nd defendants solicitors based on conflict of interest? Also Andy or CB any advise you can give me? we are talking about company who may be involved with a possible tax fraud and who is turning over billions of £ so it may sound a bit patriotic but someone should do something if we are all living in the same country? Am I wrong? Regards
  8. sharburrys
    Thank you Citizen and Andy You are very helpful Ok I will try to explain with more details (especially Andys question) I took 2 parties as the responsible for this possible tax problem.... A: The real landlord on the paper who owns the site but dormant company and a subsidiary of B B: is a trading company and a subsidiary of C C: is the parent company and give the group his VAT number A uses an agent called X and invoices all the tenants with addition of VAT (but this VAT number belongs to C - parent company of the parent company B) Tenants pay to a company called Y whose directors are the same directors of X Which becomes impossible to be tracked.... Now I took the court action against A and B as I could not take the A on its own as being dormant - nontrading The solicitors of both companies are the same people Question at this stage 1- Can I request defendants change the solicitors based on "conflict of interest" between defendant 1 and 2 Lets carry on the story Defendant B requested this case to be strike out as there is no direct relationship with the claimant Defendant A went for counter claim of £15,000 (how possible I dont know as small claims court limit is only £10K) and our claim is limited to £9.4K So I am looking for more advise, what should I do? Do I have to provide further documents as the claim is based on 2 parts: 1- Duplicate charges on account which is correct as I can provide this information 2- VAT charges applied to the account illegally which should not have been in the first place because the defendant is dormant Regards
  9. sharburrys
    Dear All I wonder if anyone can help me.... We have taken second court action against the landlord based on excessive charges in the account and they believe that we are in arrears and we believe that we made over payments over the years and would like to reclaim them. This is mainly based on duplicate charges and a possible VAT fraud. I found out that the landlord who introduced to be the landlord is a dormant company who charges VAT (election of VAT on property) I have researched this matter over 6 months as a financial analyst I could not work out how you can charge VAT and be a dormant company. We have just received a letter from the first and second defendants solicitors stating that: Pursuant to paragraph 1.1 of the practice direction to CPR part 18; we request clarification and/or further information in relation to the particulars of the claim no later than 25th august ..... Now are we obliged to satisfy this request as this did not come from the DJ? Also one of the defendant is going for a counter claim and I would like to know whether there is a CPR paragraph which will enable us to to request a strike out as the counter claim is issued on behalf of a dormant company Regards
  10. sharburrys
    Thanks Andy I am really worried now What does it mean? I have checked briefly on the Internet, seems a bit complicated and they say you need to be prepared as there are different consideration for different courts. Why did we receive a form for small claims tracking And it was ordered by the DJ, so does it mean that DJ goes into the hearing of CMC? When I spoke to the call centre guy, I asked him whether it would be a hearing whether to strike out or would it be given a different date for another hearing? His response was this is the only hearing for the decision? I am confused, shall I prepare the case and send it to both court and the other parties Regards
  11. sharburrys
    Hi Andy We filed the AQuestionnaires in July 2013 We received on July 2013 stating that the court hearing date is in October 2013 then we received another letter from the court stating that: "Upon reading a letter from the 2nd defendants solicitor and a letter from the first defendants solicitor" it is ordered that The hearing date of october 2013 remains listed. So we requested why we have not received these letters for apparently it was only addressed to the court and we requested a copy. (as they play dirty at this stage) And I asked them when are we likely to get the forms to fill in and provide the court the documents and the guy in the call centre of this particular court said that the judge did not order you to provide anything So what does it mean? should we have already received or are we going to be receiving the papers (form or guidance to provide the relevant documents etc) Regards
  12. sharburrys
    Thanks Andy; per usual you came to save me again:) Sorry for the silly question but how does it work? Do I need to provide all the documents and evidence to both sides as well as the court prior to the court date? What are the main differences? The judge refused 3 times their request of strike out. is this something positive. Kind regards
  13. sharburrys
    Hello everyone I hope you are all well and having a nice day. just wanted to update you; that we were given a hearing date for October 2013 despite the defendants' 3 strike out requests. The only thing I really would like to know is; we have not been asked by the judge to provide any type of evidence like in the past when I took HSBC in 2011. I was asked to provide a witness statement as well as all the evidence in 2011. Now we are given a date but not asked to provide any evidence? We only filled out an N180 form direction questionaires. What does that mean? Why were we given a hearing date but not asked to provide the documents etc? Do you think it is best to send all the evidence even though we are not asked? I really need some help if possible? Regards
  14. sharburrys
    Thank you Andy; you are a star; very helpful; just started to get it) Would you mind me asking last 2 questions 1- is there any legislation re- commercial lease and rent deposit? what will happen if the ladlord does not show us the funds held in the account i am a bit worried 2- can i take the management agency for issuing the warrant on behalf of a dormant company
  15. sharburrys
    Hi Andy Where can I find this form? Is this an actual form or do we write to the court under the part8? is thre any speciic wording you recommend? Regards
  16. sharburrys
    Thank you Andy; you are a star; very helpful; just started to get it:)) Would you mind me asking last 2 questions 1- is there any legislation re- commercial lease and rent deposit? what will happen if the ladlord does not show us the funds held in the accoount 2- can i take the management agency to issue a warrant on behalf of a dormant company
  17. sharburrys
    Would you mind me asking last 2 questions 1- is there any legislation re- commercial lease and rent deposit? what will happen if the ladlord does not show us the funds held in the accoount 2- can i take the management agency to issue a warrant on behalf of a dormant company
  18. sharburrys
    Hi Andy previously you wrote: "So options ......make application to set a side and replead your POC...if you are not specifying a loss value then it should be issued as a Part 8 claim and the court will set the value at their discretion." How can I do this; this is not a small claims court is it? because you must put a value on thee Internet when you open a case then it shows how much you need to pay??
  19. sharburrys
    I am really sorry; may be I am a bit silly but 1- who should I deal with re- warrant? the management company or the bailliff? 2- if I re issue my claim; what happens to the claim which was strike out? Regards
  20. sharburrys
    Thanks ; I can see the way. but does it mean that I have to forget the case I opened and reapply again? is there any way to turn this matter around?
  21. sharburrys
    Hi Andy Yes i is issued under the distraint and for rent arrears but she was on a payment plan of paying monthly rather than paying quarterly, they withdrew to make things more difficult and issued a warrant in April for April, MAy and june rent so not actual arrears; bare in your mind they hold a large amount of money for rent deposit for the last 7.5 years. quite unreasonably they did. 2 cases are going at the moment 1- with the landlord and management agent breach of contract and tenancy and landlord act 2- with the bailiff company 1st one is given to the judge but second case is strike out by the court manger How can I make it go to the judge? regards
  22. sharburrys
    Hi Stu007 Is this link useful for commercial lease as well?? My worry is the management agent is holding a really large sum of rent deposit and every time we ask for a statement they can not provide or they provide on their company headed paper for only 30 days; I requested a whole year and they said their system has changed and they can not do it?? Regards
  23. sharburrys
    sorry I meant they tried to finish her business activities off; (also they are holding a large amount of rent deposit in their account
  24. sharburrys
    Hi all sorry for the confusion, Here is the story I have taken the landlord and their management agents to the court based on breach of contract and the landlord and tenants act 1954 as they treated my gf's company very badly. Immediately we received a bailiff visit; the warrant which was issued by the management agent on behalf of the landlord.... since I opened the case I realise that the landlord who was introduced to be the landlord is a "Dormant Company" but wholly owned subsidiary of a large firm. Bare in your minds we are paying VAT on top of rent and service charge.... I contacted the bailiff company to explain and asked them to drop the case; recorded the calls and I explained the bailiff that the warrant issued on behalf of a dormant company and asked them to step back... they embarrassed us in front of customers and even in our absence they made the junior employees to sign a document... I took them to court (small claims court) based on fraud act and companies act 2006 and the courts response was by the court manager: - this is not a claim can be issued on Money claim online and I hope Andy this helps you to understand the situation, as it was a commercial lease the warrant was issued without a court order (basically they finished her business off) So my question is: 1- how can i put this case back in order and bring it to the judge's attention 2- can i take the management agent to court as issuing a warrant on behalf of a dormant company.... very strange enough I contacted the HMRC as well and my contact in hmrc said they have never seen such case like this before and the account is protected by a higher PIN number?
  25. sharburrys
    Andy I am so grateful for your response So what does it mean? I am so sorry I am a financial analyst not a solicitor and excuse my lack of knowledge; What would you like me to do? How can I do the things you asked me to do? Also I managed to get hold of the warrant which is issued by the landlord's management agent who also said in the other court action and refusing their direct relationship with us as we do not have a contract with them; can I sue them as well to issue the warrant on behalf of a dormant company? Thanks

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