Ltd Building Co-Fraudulent activity-walked off job & Director put funds into own bank account

[ZBanfield]

Unfortunately I didn't get your PM. Can you please try to resend? Click my name then click 'send message'.

 

Yes, include the claim number in the title.

 

Hi Steampowered,

 

Thank you. Ok. I have tried to send it but I am getting a message that you have exceeded your usage allowance and it will not send it to you.

[steampowered]

Sorry, try again now. I've cleared my inbox out of old messages.

[ZBanfield]

Sorry, try again now. I've cleared my inbox out of old messages.

 

Thank you. Just sent it across.

[steampowered]

I've had a look at the company name you sent me on Companies House. It appears that an application was made in March to have this company struck off the register. You may wish to get a copy of the DS01 form signed by the director (which includes a clear explanation of the fact that the form should not be lodged if the company is still trading and that the director signing is required to notify creditors without 7 days), which you can download for free on the companies house beta website, and include that in your bundle if this goes further (no need to include in your particulars of claim).

[ZBanfield]

I've had a look at the company name you sent me on Companies House. It appears that an application was made in March to have this company struck off the register. You may wish to get a copy of the DS01 form signed by the director (which includes a clear explanation of the fact that the form should not be lodged if the company is still trading and that the director signing is required to notify creditors without 7 days), which you can download for free on the companies house beta website, and include that in your bundle if this goes further (no need to include in your particulars of claim).

 

Hi Steampowered,

 

Many thanks. I went into Companies House and printed off everything for them including the DS01 which he signed. Many Thanks. I know he received the Letter Before Action on 29th Sept at work, so I will be filing the online claim tomorrow (14 days + 1) so I have given him more than enough time to respond.

 

Just looking at money claim website in the guidance notes on the final section it tells me to put the persons Date Of Birth. Where would I put this in the Particulars? I called them and they said it only relates to a judgement and not needed at this stage, but the person I spoke to said they were unsure and had never been asked that question before.

 

Also, I have done a covering letter to send with the N215 forms and Particulars is this too much or corrrect?:

 

 

Dear Sir / Madam,

 

I have submitted my money claim online form today; 14th October 2015 and in the Particulars Of Claim Section online I have stated the following:

 

"The claim relates to defective building work conducted by X Limited

and the claim against Mr. X concerns fraudulent conduct relating to the

same.

 

The detailed Particulars of Claim will follow in a separate document pursuant to CPR 7.4

(1) (b)"

 

 

Please find attached N215 Forms for Claim No.

 

First Defendant X Limited

Second Defendant Mr. X

 

 

Please find attached The Particulars Of Claim for Claim No.

First Defendant X Limited

Second Defendant Mr. X

 

 

Please can you confirm receipt of these documents and advise whether you require any further information.

[ZBanfield]

Hi Steampowered,

 

I have filed moneyclaim this morning. I am posting the letters at lunchtime and then I can email the N215 forms to moneyclaim online. Will let you know what happens next.

[steampowered]

Well done, I look forward to hearing what happens!

 

Your covering email is fine.

[ZBanfield]

Well done, I look forward to hearing what happens!

 

Your covering email is fine.

 

Thank you so much for all your help.

 

I had one more thought.. is it worth doing a third N215 form referencing me sending the Particulars to his work address too?

[steampowered]

I had one more thought.. is it worth doing a third N215 form referencing me sending the Particulars to his work address too?

This is not necessary. The N215 is purely an administrative form to certify that you have sent the particulars to the defendant.

[ZBanfield]

This is not necessary. The N215 is purely an administrative form to certify that you have sent the particulars to the defendant.

 

 

Thank you

[Ganymede]

This is not necessary. The N215 is purely an administrative form to certify that you have sent the particulars to the defendant.

 

True, but the document is not validly served at the address in question without an N215.

[ZBanfield]

True, but the document is not validly served at the address in question without an N215.

 

Thank you, I didn't know that

[ZBanfield]

Hi Steampowered,

 

Just wanted to update you - I have now received a Notice Of Issue saying:

 

"Your claim was issued on 15th October.

The court sent the claim to the defendant by first class post on 15th October and it will be deemed to be served on 20th Oct.

The defendant has until 3rd November to reply."

 

Will let you know what happens next.....

[steampowered]

Good stuff

[ZBanfield]

Good stuff

 

Thank you

[ZBanfield]

Hi Steampowered,

 

I have checked online at MCOL and it says:

 

A bar was put in place for X Limited on 26/10/2015

X Limited filed a defence on 26/10/2015

Mr X filed a defence on 26/10/2015

A bar was put in place for Mr X on 26/10/2015

DQ sent to Mr X on 26/10/2015

 

 

I understand that means he has filed a defence but what does bar and DQ mean?

[steampowered]

Bar means you can't get a default judgment because he has filed a defence

 

DQ means directions questionnaire

 

You will be required to file a directions questionnaire and should receive a copy of his defence. Best to contact the court if you don't get that in the next few days

[ZBanfield]

Bar means you can't get a default judgment because he has filed a defence

 

DQ means directions questionnaire

 

You will be required to file a directions questionnaire and should receive a copy of his defence. Best to contact the court if you don't get that in the next few days

 

Thank you. Will do that

[ZBanfield]

Hi Steampowered,

 

I have just received the defence statements and questionnaire and have to return it in a week.

 

It is a bit complicated the way he is lying in the statements. Please can I send this to you in a personal message. I need your advice on how to proceed.

 

Also, the paperwork says about settle your case without a court hearing - There are three statements and one of them says about "I can confirm that there has been no police involvement in this matter at any time."

I reported the theft of the items to the police and they gave me a Crime Ref No. and also reported everything to the Action Fraud. So, I don't think I can do mediation.

 

Also, I need a bit of advice filling in the Questionnaire, particularly with the witness and expert evidence part

 

Thank you in advance,

[steampowered]

Yes, if it is genuinely sensitive you can send to me in a private message. I would usually respond in this thread unless that would prejudice your situation in some way. If it is just generic stuff about how to respond to questionnaires etc., better to do that on thread so that other people in the same situation in future can read the advice.

[ZBanfield]

Yes, if it is genuinely sensitive you can send to me in a private message. I would usually respond in this thread unless that would prejudice your situation in some way. If it is just generic stuff about how to respond to questionnaires etc., better to do that on thread so that other people in the same situation in future can read the advice.

 

Hi,

 

Thank you. Yes, it is genuinely. I am happy to post the other information on the forum tomorrow. I cannot see how to send the file as an attachment though

 

Many Thanks

[ZBanfield]

Hi Steampowered,

 

I have attached the Small Claims Court questionnaire that I need to fill in and the HM Courts Mediation Service Guidelines. Becasue of the police involvement I think I cannot use mediation. I also need guidance on filling in the questionnaire please. I am asking people to be witnesses, but it is possible that some people may not be available on the day to attend court. Does this need to be accurate?. I don't think I have a relevant expert witness though.

 

I still would appreciate you reading the defence statements but it contains sensitive information which I do not think is good to put on the forum. Please tell me how I can send this attachment to you.

 

Many Thanks

[ZBanfield]

HI Steampowered,

 

I could post the statements to the forum if you are able to read them and then delete them afterwards?

 

Please let me know what is best to do.

[ZBanfield]

Hi Steampowered,

 

I have to send my direct questionnaire back tomorrow and need help filling it in. Please can you tell me the box asking about which county court, I am choosing my nearest court and it asks why. Do I simply say that this is the nearest? I understand that if the defendant is a business, it would go to my preference. However, as the defendants are a business and an individual also, it would go to his county court - is this correct?

[Ganymede]

Enter your postcode here to find out your local Court:

 

https://courttribunalfinder.service.gov.uk/search/postcode?aol=Money+claims&spoe=continue

 

Then in the DQ ask for it because it's your local Court.