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skelliwag

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  1. Long story short, without going into details.... though happy to if needed... I submitted a defence to a claim against me by a plumber (though the debt collection agency did it on their behalf) in small claims court. The claimant had to respond to my defence by a certain deadline, which they didn't, so a 'stay' has been put on the case. As it was explained to me this means the claimant has to apply to a judge to resume the case. When I spoke to the court they said an application could be put forward any time in the future, so there is no time limit. So I have a few questions I wonder if anybody could help me with... 1) Is that the case that there is no time limit for an application? I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded! 2) Do judges often agree to applications to resume the claim? Or must there be extraordinary circumstances? 3) The company seems to have stopped trading under their current name (removed their online listings). If the claimant company change their trading name, or close the business and reopen under another name in the future, can they still pursue this claim? Thanks so much for any help you can give.
  2. PARAGON INTERIOR FURNITURE LTD Company number 02392638 Registered office address Unit 2 Gtec House, Canning Road, Stratford, London, E15 3NY There is a coincidence, in that one of the Directors of the Paragon company seems to be based very near to myself and the tradesperson, literally 5 minutes walk away. That Director is also a Director of a company called 'Jaggal Limited', which is described as a 'Management consultancy activities other than financial management'. Perhaps the Jaggal could be the registered company that Bailey and Bailey operate under?
  3. Registrant Name: W Bailey Registrant Organization: Registrant Street: Unit 2 Gtec House Registrant City: London Registrant State/Province: Unknown Registrant Postal Code: E15 3NY Registrant Country: GB Registrant Phone: +44.2085030300
  4. That's right that's them. I still can't find a registered company name/number for them on Companies House. I looked up their domain registration details for their website on WhoIS, which seemed to correspond to a furniture company, but that might just be because they use one of those company secretary services which shares a location with them.
  5. Thank you BankFodder. I did exactly that, so that's reassuring! I got 3 quotes which came in at around £500, and made him a new offer based on that. He refused, but I transferred the money (£1240 out of £1740, so minus the £500 market rate) to his account. He made it clear he was returning it so that he could send a debt collector after £1500. I imagine the debt collector will only take on "debts" over a certain amount which is why he returned it. The difference is essentially £260.
  6. I've been searching the www for them and there seems to be absolutely no official record of them anywhere. Do I have a right to know their Companies House number? If I ask them for that information can they refuse?
  7. The letterhead says 'Bailey & Bailey Enterprises'. This is their website http://baileyandbaileyenterprises.com/. The person I have spoken with is called Wendy Bailey. The letterhead nor the website gives a company number or anything.
  8. I've called the FCA, but they weren't interested to be honest. They said unless my 'debt' was part of a credit agreement they didn't have any powers to do anything. And they said that the company may be operating other services (their website talks about loan recovery) under legal exemptions and there wasn't any way for them to know!
  9. Thank you!! They're based in Kent and calling themselves 'Book Debt Management Consultants', I don't know if that makes a difference as to whether they need to be FCA registered or not? Either way I'll definitely stop calling, and I'll wait for it to go to court, thank you!
  10. Bailey and Bailey Enterprises. In the letter they say "I must warn you that unless full settlement of £1,510.23 is received by noon of 17th March 2017 we will have no alternative other than to commence legal action to recover the outstanding debt together with such legal costs and interest as incurred and without further notice to you." I've not been through this before so I am totally guessing, but I'm imaging it'll technically be the tradesperson that takes me to court, with the DCA doing the paper work for them or something? Tradesperson has said they're unwilling to "bargain" and has gone to the effort of returning the money we paid, despite it being most of what he was asking for, in order to seek the full amount through the DCA/court.
  11. Hi there, Thank you all for considering my enquiry. I will try to keep it as to the point as possible. I have sought advice from many advice bodies and a couple of solicitors but I'm receiving conflicting information and a friend recommended I try here. SUMMARY DESCRIPTION I engaged a tradesperson for a range of works which were quoted at £1740. The tradesperson completed some of the works over 2 days. On the 3rd day, the tradesperson was late and sent an offensive message. Based on the offensive content of the message I refused to allow him onto my property further. He agreed to reduce fee based on works not completed. He offered a reduction of £240, total £1500, which I said was not fair based on the works left to complete. I paid a portion (£1240, 83%) of the fee, with a reduction of £500 from original quote of £1700 based on an average of 3 quotes from local providers for the remaining works. He returned the payment and engaged a debt collection agency. Debt collection agency has given 5 working days to pay full amount or they are taking me to court. Full description and timeline below. AMOUNTS Original invoice - £1740 Tradesperson offer after reduction - £1500 Amount we paid - £1240 Amount debt collection agency is seeking - £1500 + interest of £10.23 QUESTIONS 1. I have told the debt collection agency I dispute the debt. Is my best bet now just to wait until they start court process? 2. Am I correct in thinking, because of the amount in dispute (they want £1500, we paid £1240 which they returned, so effectively £260 in dispute), this will be considered as a small claims issue? 3. Were I to lose the dispute, I would be required to pay the £1500 + small amount of interest + court fee of £100-£200? So I wouldn't have to pay his legal costs or cost of using debt collector? 4. Would this type of issue (full details below) be likely to go to court? Or will it be considered on the basis of submissions? 5. Given we're talking so small amounts here, I am obviously wanting to maximise value from any legal advice. Would the best use of money on legal advice be to ask a solicitor who specialises in consumer issues to review my defence form, N9B? Thank you very much for any advice you can give. FULL TIMELINE & DESCRIPTION 28th Jan - Having found a tradesperson through an online review site I asked for a quote for some work on my property. They emailed a quote of £1740 (I'll round the figures for ease of reading). 30th Jan - I phoned the company and asked them to start work as soon as possible. 7th Feb - Tradesperson started work on the property. 8th Feb - Tradesperson attended the property. 9th Feb - Tradesperson doesn't show in the morning. I ask where they are and am told they'll be there later. After I have asked when they will arrive, I receive a 'pocket call' with a recording of the tradesperson where he calls *somebody* a 'f-ing bird, b-tching about when tradesperson will arrive'. We speak on the phone where he considers the situation a joke and calls me a 'b-tch'. I say I don't want him on my property anymore and he agrees to discount the fee for the incomplete work. 13th Feb - Tradesperson confirms work left to be completed and offers discount of £200 (total £1540). 14th Feb - On the advice of the Equalities service I submit a formal letter of complaint about the comments which says that no matter who he was talking about I find the comments offensive on the basis they are about somebody of my gender which violates my dignity and creates a hostile environment. On the advice of Citizens Advice Bureau (CAB) I say I do not consider discount fair for the work that is left to be completed and will be seeking to show market rate as part of negotiating process under the Consumer Rights Act. 17th Feb - Tradesperson apologises for comments and offers discount of £240 (total £1500). 25th Feb - On the advice of CAB I seek 3 quotes for the remaining work from local providers which show market rate to be £500. I offer tradesperson £1050. 3rd Mar - Tradesperson rejects offer and threatens debt collection if £1500 is not paid by 6th Mar. 4th Mar - I transfer £1240 (original invoice of £1740, minus £500 fair market rate) and say that is our final offer. 6th Mar - Tradesperson emails to say he will be returning the £1240 and engaging a debt collection agency to seek £1500 from us. 6th Mar - On the advice of CAB I send a formal letter questioning why he has engaged a debt collection agency when we have paid £1240. 11th Mar - I receive a letter from a debt collection agency demanding £1500 (plus interest of £10.23) to be paid within 5 working days, or they will begin court process. 13th Mar - I speak to debt collection agency who try to debate the merits of my dispute with me. I say we have not received any of our payment returned. They say it was sent Friday. I say I do not wish to discuss the issue with them and just wanted to check the address to correspond with, they end the conversation saying "see you in court". On the advice of the Debt Advice Line, I post a formal letter confirming my disputing the debt and evidencing previous correspondence.
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