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wrecked

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  1. Hi dx, BazzaS Thank you for your messages. They are greatly appreciated. Hi dx - yes B2B and >200K and yes based on my research we need a court judgement FIRST and then go for SJ? Hi BazzaS - ATM, We are preparing all the relevant papers for Pre-action Protocol and Claim to keep the costs down. When all paperwork is ready, we will then find a Solicitor. We are preparing the clam and completing the N1 form. Please will some one clarify to me - do I issue the writ through Northampton County Court (NCC) or do I serve the Claim and N1 form direct to the debtor and forward a copy to NCC. My experience is limited to MoneyClaim On Line. Thank you/W
  2. Dear CAG Firstly, thank you to HB and dx for re-opening the case. So, we spent the last three months trying to reach a solution with the debtor because he sent a without prejudice email to my friend declaring that he “wanted to meet, discuss the whole thing and pay something”. But, the meeting never took place because my friend asked for an agenda, a settement figure and then advised the debtor that my friend wanted me to accompany him to the meeting. The debtor stressed he wanted a one-to-one meeting only and would not disclose anything else. After that, we heard nothing more from him. I believe we have no other choice but to go through the courts to recover the debt. My friend does not want to use his solicitor as the fees are prohibitive. He will pursue the case himself. He asked me to help him even though I advised him I was neither qualified nor knowledgeable enough. We sent the debtor reminders for payment and formal letters requesting payment. There were no replies. Finally, at the beginning of this month, we sent a letter summarising the entire situation, highlighting on the agreement, stressing that the debtor had agreed to pay, reminding the debtor that he had paid for the first part of the work and this outstanding amount was owed for the second part as it was not only common knowledge in the industry but was confirmed by the end user that the project was to be implemented in two stages. My plan is to try and finish this case swiftly. We want to apply for summary judgment on the basis that the debtor has no defence. Prior to commencement of the second project my friend obtained a cofirmation from the debtor that the debtor would continue to work with my friend as before, in the first project. The debtor had not honoured the written agreement nor this additional agreement so, we want to serve the writ based on "Breach of Contract". I believe I have built up the file accordingly and sufficiently over the last three months. But, I really need CAG to help me. Please advise me regarding: a) the Pre-action Protocol b) Your thoughts on us applying for Summary Judgment, c) Specific court forms I need for submitting a Summary Judgment application d) The correct interest rate to apply e) Please advise on anything else I may have missed out f) My understanding is we cannot serve this writ through MCOL so we need to serve the writ through a high court. I assume I need to serve the writ through a high court local to the debtor's company registered office address. g) Do I need to give " a title " to the writ or may I simply state "Application for Summary Judgement following a Breach of Agreement" Thank you very much indeed for your help Warm regards W
  3. Hi Dave and LFI Thank you very very much indeed for your contributions. The master plan is to send both - an email to the CEO and hand deliver the letter to the branch manager. will get it done today. I will report back. I am really sorry for my silence, but i have been in hibernation due to a stinking cold. Thought it was covid but fortunately I tested negative !! Thank you again W.
  4. Hi Dave No Not yet. Will send a chaser today, but will report back here soon as we get a reply Thank you Wrecked.
  5. Hi Lookingforinfo, Yes I could not reduce the size and so I was unable to make one document for forwarding to you. I can only upload one page at a time. I am sorry I am really useless at this. But here is Page2 of the PCN. It says that they complied with PoFA thank you Wrecked. P-3.pdf
  6. Hi HB, Dx and Dave, I have now been able to take pictures of the PCN's using my phone and convert to .PDF, but I cannot make one document as size too big for upload. I can only upload one page at a time. So here is the PCN. Shall I upload the other two pages - the second document is a reminder and the third doc is the back page which is the same for both ? I am sorry I am pretty useless at this. thank you Wrecked. PE PCN.pdf
  7. Hi HB, DX and Dave thank you for your comments I will follow your advice and go see the manager of Booths and then the CEO. If thats not productive, I guess I will wait until Notice to Keeper and then deal with it then. can you suggest anything else? Thank you Wrecked.
  8. Hi Lookinforinfo - the registered keeper has to contact PE I guess. DX - are you saying I should not write to PE - so should the registered keeper write this letter or are you saying they should not write to PE - sorry for my ignorance - please clarify thank you
  9. Hi CAG Parkingeye (PE) issued a Parking Charge Notice for an overstayed by 38 mins at a Booths car park. went in to do some shopping and got delayed as met with the wife of a very dear friend (My friend recently passed away) ended up having coffee together at Booths and I guess had a lot to talk about as I have just had a triple heart bypass. My friend passed away after his first heart attack. I survived mine.!! I had a run-in with PE some years ago. I replied to that PCN stipulating that I never entered into any contractual agreement with them. When they wrote back I replied that I had stated my case and as far as I am concerned the matter is finished. Then I ignored their follow-up letters. I have been reading posts on the CAG to help me deal with this current issue - my question is should I follow the same tact? In the meantime, I have copied and pasted the CAG form as below: 1 Date of the infringement 15/03/2022 2 Date on the NTK 19/03/2022 (it is within 14 days from the date of the event) [scan up BOTH SIDES as ONE PDF- .......unfortunately my scanner is not working right now but its a PE standard PCN 3 Date received 26/03/2022 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] YES 5 Is there any photographic evidence of the event? YES 6 Have you appealed? [Y/N?] post up your appeal] N - but based on my research through CAG I was going to write to PE and declare that I do not acknowledge any contract or any debt but that if they can give me a detailed account of any losses which any alleged transgression might have caused, I am prepared - without any admission - to consider whether I might be prepared to pay that sum. (This is extracted from BankFodders's post of April 23 2012. ) and see what they say. Have you had a response? N 7 Who is the parking company? PARKINGEYE 8. Where exactly [carpark name and town] BOOTHS - CARNFORTH For either option, does it say which appeals body they operate under. PARKINGEYE AND INDEPENDENT APPEALS SERVICE (POPLA) There are two official bodies, the BPA and the IAS. - IAS but THEY SAY THEY ARE APPROVED OPERATOR OF BPA If you have received any other correspondence, please mention it - I RECEIVED A REMINDER DATED 28/03/2022 WHICH I RECEIVED ON 31/03/2022 I am so sorry but my printer/scanner is not working - I will try and do this ASAP - but I want to send this reply to them No doubt, they will reply next week and then I will post on CAG All the best/Wrecked.
  10. Thank you, Mantis .. so far so good ...as they say. He is away at the moment and I will have a detailed talk with him on his return next week. I will update if there's anything new. Best/Wrecked
  11. Dear All, Please accept my apologies for being silent for the last couple of months. I am afraid I had a heart attack at the end of January and ended up having a triple heart bypass. I am doing well now - just taking it easy. !! My friend was extremely grateful for your comments and advice which he followed. He consulted a dynamic solicitor and is chasing this debt quite vigorously. He advised me that he employed a credit controller to chase the debtor. I will get back and update you on the progress. Thank you CAG - again. Have a great weekend. Wrecked.
  12. Hi Thank you very much indeed Mantis . I really really appreciate your advice. He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter. Thank you again Have a good weekend Warm Regards W.
  13. HI Thank you STU - yes, of course I will check and go through everything as you advised. I asked him not to do anything. A few more days will not make any difference. I told him I wanted to seek the opinion from CAG Thank you All the best W.
  14. Hi BankFodder, Thank you for your reply. I feel the same way. As said in my first post above, it stated on Company House's website : "....deemed to have continued in existence as if it had not been dissolved or struck off the register...." Which means the restored company is absolutely valid and can continue as normal, as if it had not been struck off. Value wise, it is a lot. 200K+ The project was in two parts, most of the work was done when he initially started in 2016 when he was well. The first order was in 2017. He received his commission payment. This second requirement took place in 2019 after he had his second or third heart attack. And thats the reason why he was completely off the grid and unable to submit papers to CH. He did invest a substantial amount of his own money over the years whilst the project had been ongoing. But now the manufacturer is refusing to pay. This is why my friend has been absolutely worried sick. He could easily lose his house over it. He is thinking that his only course of action is to serve a writ on the manufacturer and as a result he will have to meet the various costs required to proceed with this action. And that is why he asked my opinion. Like you, I was not sure as his company had been struck off. Thats why I reached out to CAG. My advice to him has been to try his hardest to try and impress on the manufacturer to pay without having to go to court. Of course, they are not taking his calls so he is having to email and write letters. He's now tearing his hair out and all I can do at the moment is to try and help him stay calm. I do not know what others in CAG think about this problem. All the best Wrecked.
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