Hi

I'm about to file a MCOL. I bought a new radiator in March 2017, it developed a fault (metal started to bulge and cause a leak) in February 2018 and defendant has ignored all attempts to resolve.

Defendant is a company that also sells on ebay - http://www.ebaystores.co.uk/delux-bathrooms

Before sending my first letter I looked them up on companies house and ended up with three addresses and thus sent three letters recorded.

1 - address listed on ebay page - the letter was returned as not called for.

2 - address listed on companies house - the letter was signed for by unknown.

3 - director address listed on companies house - this was signed for by the director and name matches that of the seller on ebay.

This is how it appears on ebay. Ha Ma is the director who signed for the letter.

Should I raise MCOL against the company but with the directors address?

Here is my POC:

1. Claimant entered into contract with defendant for the sale of a new vertical radiator for £128.99 and paid the price on 9/3/17.

2. The radiator developed a fault on 8/2/18. Under Consumer Rights Act 2015 goods must be of satisfactory quality and fit for purpose. Furthermore radiator was supplied with a 25 year guarantee.

3. Claimant sent email to defendant on 9/2/18 seeking repair, refund or replacement. No response.

4. Claimant sent further letter on 16/2/18 seeking resolution. No response.

5. Claimant sent letter before action on 30/4/18 seeking resolution. No response.

6. Claimant has purchased identical replacement radiator and seeks reimbursement for replacement at £146.99.

 

Thanks, Kris

Yes it's fine. A bit too detailed but it's fine.

What about installation costs? What about the cost of disposing of the old one?

In terms of service, – yes send it to the address with the director which was signed for. Also, send copies to the other two addresses – just to be sure – and complete certificates of service within seven days.

This isn't completely necessary but it costs you nothing so why not?

Plus section 69 interest 8%...must be stated within your particulars at the end.....assuming you want to claim it.

Andy

hi, how do i send copies - do i need to tick that i am sending detailed particulars? i'm at the payment stage and reluctant to proceed in case i've missed something

" do i need to tick that i am sending detailed particulars? "

Yes.....but is it necessary?...the above looks fine for the initial claim.....you will expand at witness statement stage if they submit a defence.

Andy

apologies i should have been clearer. with regards to sending to multiple addresses do i need to indicate this anywhere?

How many defendants are listed on the claim ?

one defendant - delux bathrooms, with three addresses

So where do multiple addresses come into play ?

Service of the claim form where before service the defendant gives an address at which the defendant may be served

6.8 Subject to rules 6.5(1) and 6.7 and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision –

(a) the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK or any other EEA state and which the defendant has given for the purpose of being served with the proceedings; or

(b) in any claim by a tenant against a landlord, the claim form may be served at an address given by the landlord under section 48 of the Landlord and Tenant Act 19875.

(For Production Centre Claims see paragraph 2.3(7A) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

(For service out of the jurisdiction see rules 6.40 to 6.47.)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

So where do multiple addresses come into play ?

Before sending my first letter I looked them up on companies house and ended up with three addresses and thus sent three letters recorded.

1 - address listed on ebay page - the letter was returned as not called for.

2 - address listed on companies house - the letter was signed for by unknown.

3 - director address listed on companies house - this was signed for by the director and name matches that of the seller on ebay.

Refer to ....

Service of the claim form where before service the defendant gives an address at which the defendant may be served Rule 6.8

Service of the claim form where the defendant does not give an address at which the defendant may be served Rule 6.9

In the above link.

Ok thanks for the link.

6.9 (2) #6 is accurate but can the directors registered address be classed as a "place of business"? The directors address was the one address out of the three that seems more likely to reach him.

Option 2 >>

The 'Business Seller Information' on the eBay selling page is thus:

Delux Bathrooms Limited

Ha Ma

144 Sabell Road

etc

'Ha Ma' is the directors name according to Companies House. Given that his name appears as part of the transaction could I sue as an individual thus paving the way to use the directors address as registered with Companies House?

Or option 3 >

serve papers on all three addresses.

MCOL will only serve it to one valid address...so you pick the best possible and enter it under your claim.

Hi, the defendant paid up

I marked MCOL as paid and the defendant did the same. I received a 'Notification of Defence that amount claimed has been paid' with form N9B from the CCBC which states I need to tell the court what to do next. This would have been sent before I marked it as paid. Do I need to send the form in? I hoped marking it paid online would close the case

Informing the court of settlement / withdrawing the claim

If you receive payment immediately after you submit the claim please note that although you can withdraw the action online, the claim forms will still be issued so you will not be eligible for

a refund of the court fee.

If the defendant pays you after the claim was issued, you may still be able to pursue them for the fees (although the defendant may file a defence disputing the fees). If you are willing to accept the amount you have received in settlement of the claim, you can mark the case as paid by clicking on ‘update claim status’ button.

If you receive partial payment after issue, then you do not need to let the court know until full payment is made. The defendant may file a defence for the remainder of the claim; or, if they do not respond to the claim, you may request judgment for the remaining balance once their time to respond has expired.

To withdraw the claim click on ‘update claim status’ button

Well done kp I have amended your thread title to reflect the outcome.

Regards

Andy