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Heofz

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About Heofz

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  1. The car dealer was Aylesbury Street Motors Ltd, or as they like to call themselves: "ASM Cars", based in Bletchley, Milton Keynes. They finally transferred the 2/3 amount today after my 2nd phone call (though they were still trying to squirm out of it), and whilst it was happening, I believe I overheard one of their colleagues in the same room mutter something in Urdu/Hindi/etc whilst they forgot to put me on mute. I have recordings of my phone conversations with them, so just out of curiosity I'll see if I can get a friend to translate and find out what their colleagues were muttering. I saw the payment show up on my online bank account whilst still on the phone, so as agreed with the defendant (and I'm somebody who likes to keep his word), I called the MCOL helpdesk and had them mark the claim as paid to my satisfaction. I know there's a chance that this payment could be reversed/cancelled maliciously by them, but I decided to take the risk for my own honour's sake. Plus, if they did try to pull the money back after claiming they paid me, I'm pretty sure it wouldn't work out well for them in the long term, considering the amount of evidence I have showing them agreeing to pay. I'll also be curious to know what their defence submission says when it arrives in the post, and whether it contradicts anything they have said on record. I'm sure I could have fought for it at their local court / phone mediation and maybe got it all back, but all in all, I was happy to take the settled amount for the sake of brevity. So yeah, all's well that ends well I guess . Short and sweet. Thanks for the advice, and I guess I learned something new regarding the way Judgements work.
  2. I submitted a MCOL to recover my deposit from a Used Car Dealer who refused to refund it, after I found out they lied to me about numerous things regarding the vehicle's condition. My particulars essentially state that when paying the deposit to the dealer prior to the car purchase, the verbal agreement was on the basis that: 1) They did not lie about the car. 2) The car would pass a vehicle inspection. I since found out that they breached (1) and hence the agreement. Before even filing the claim, the dealer actually offered to give me half of my deposit back to begin with, which I happily accepted. A few hours later that same day, they called me to say they changed their mind i.e. deciding to keep the whole deposit, because they now felt that my decision to cancel the car purchase was a "change of heart" decision, furthermore they spent my deposit money preparing the car for me (even though the salesman told me the car was ready to drive away the day I came to see it). When I challenged them to provide me proof of their expenditure, they outright admitted it was "done by a friend" they didn't have any receipts/invoices. It was at this point when I decided to submit a claim via MCOL as they made their position clear and that their decision was final. About a week after they were served, they called me up and we agreed for them to pay me 2/3 of my deposit back, as long as I cancelled the claim first. There was no way I would trust them after going back on their word last time, I said that I will only cancel the claim after the payment has cleared, I also asked them to provide their agreement in writing, which they did. We came to written agreement, and they said they were able to pay me the same day. I monitored my online account, waiting for this to happen, poised to cancel the claim as soon as I saw the money appear. The money never arrived, despite numerous chasers and calls, they kept making promises to pay "later today"/tomorrow, then afterwards kept made excuses for not paying. Yesterday I gave them the final deadline: Pay the agreed amount that day and/or call me to confirm it has happened, or the agreement is off and I will proceed with the claim. They acknowledged my position (I also have a recording of this phone conversation) and promised to call me back by the end of the day regardless of the outcome. Once again, no call nor payment was received. From my perspective it felt that they were just messing me about, and I was out of patience. It just so happened that the defendant had until yesterday to reply to the claim issue, according to the letter the court sent me. I waited until this morning, and submitted a request for Judgement. Upon checking later in the day I noticed that the defendant filed a defence shortly afterwards (the same day!), despite their deadline being yesterday. In the MCOL transaction history it says: In the Judgement panel it says "Requested", and the Claim Status now shows as "Defence". Surely they were too late? I spoke with the defendant a short while afterwards, they made more excuses, and gave me "his word" that they were still happy to pay the 2/3 of my deposit back, assuming I can get the claim cancelled with the court. I'm going to call the MCOL helpline tomorrow, I'm just wondering: Where do I stand? A bar is in place for this claim, despite them filing a defence too late according to the deadline. They are still offering to pay back 2/3 of my deposit.. . does this count as admission to some degree? In the event that they are still just wasting my time with this "offer", is there a chance that the bar will be lifted and their defence be discarded? Does the fact that they filed a defence mean it is now out of both mine and the defendant's hands? Any help/advice would be much appreciated. H
  3. Nah what I meant was that the cleaning company would only be operating from one address; I doubt they have a separate office because they would have an office phone number. I'm sure they are a valid cleaning company, but I'm just saying that the actual mentioning of "JK Cleaning Services ltd" on the invoice is fake, as there isn't an address listed in companieshouse that matches the one on the invoice.
  4. Thanks for your input 21st One note to take into account however is that I've done a bit of scouting at the cleaners' address written on the invoice of this cleaning company, and it turns out that it is no more than an ordinary house with a van. Also after several attempts spanning a few weeks, their phone number (which is a mobile, incidentally, i.e. no office) seems to be unreachable, in that all I ever get is a "Sorry the person you are trying reach is not currently able to accept calls. Please try again later", with no option to accept voicemails or anything. Also this agent is quite new in that they've only been operating for less than a year, and they only have one office, so they're just a bunch of cowboys and probably not a member of any of these bodies you speak of.
  5. Well in the actual money claim submission I won't be using those terms. I'm unfamiliar with the term "LBA", but I assume that means the letter I sent?
  6. Apologies in advance for the long read, but I'll try to make it sound the least boring possible In summer 2007, our flat lease in Hammersmith finished, and it was time to hand over the keys and get our security deposit back, all went through swimmingly, or so we thought. After a few weeks of starting to lose patience waiting for our deposit to finally come through, we were told we will get it back soon, minus £250 for a cleaning bill (wtf? :o ). We would not have disputed this if we left the place in a horrible state, but we left it absolutely spotless; in an even better condition than when we moved in, back in November 2006. After several arguments with the landlord who never did an inspection himself (though we didn't know that at the time), he said he'd knock £50 off because he first claimed that the place was professionally cleaned before we moved in, when both he knew and I knew he was lying and he admitted he couldn't prove it (because obviously it didn't happen!). I even remember my part of the cleanup operation involving the scrubbing of the bathtub and cleaning out the thin layer of grime from inside & outside of all the kitchen cabinets plus worktops. Oh, and also we didn't have a working fridge for 2 months, but that's another story altogether... So anyways, in the end, we had £200 deducted from our deposit for a supposed £250 cleaning bill that the letting agency paid for, which in turn, was paid for by the landlord out of our deposit deduction (+ £50 of his expense). This is the part where it got interesting. I knew there was something fishy going on, but I couldn't really do anything until the day the security deposit cheque arrived, along with a copy of the cleaning invoice. And here it is! (note: this is the actual piece of paper that arrived, in all its crooked crappy facsimile-esque glory): Notice a few things strange about it? The 2 different dates in the header & footer perhaps? Lack of date in the "Date:" field? Lack of invoice number? What about the way our address was written, in abbreviated lettering, "125 F/P/R". Their letting agency was literally 2 doors down from our place which is why they simply refer to it as this. 100% definitely their handwriting as I've seen them write it like that many times before. How about the lack of a "JK Cleaning Services ltd" on companieshouse.gov.uk ? And lack of VAT registration number, for that matter? Or the scribbled out telephone number underneath the cleaner's address? Also I don't know if you can see it clearly in this digital image, but where it says £250, the "25" was written over a number "9". When I showed this to my father, he immediately picked up the phone, rang them up, and demanded (with the threat of legal action) to know why the original cleaning bill was clearly for £90 and had £250 written over the top of it. Their explanation? "We had it cleaned once for £90, but had to get it cleaned again". So how exactly does a cleaning company need to clean a property twice that was already spic & span in the first place? The answer? They didn't. What's more, they admitted to my father that they should not have billed the extra cash for the "second cleaning", because it isn't our responsibility that their "professional cleaner" didn't do a good enough job the first time they were round and had to be paid to do some more. ESPECIALLY if we cleaned the place up ourselves to a more than satisfactory degree anyway. So anyways, after admitting their fault to my father, they sent me a cheque for £110 (plus they should've sent our landlord £50 but I'm sure they didn't), taking the original £200 we paid back down to the initial invoice value of £90. With me so far? At that point my father had to leave the country on business and this is pretty much where it was left and forgotten about by us a few months ago... Until the other day, I was sorting out all the paperwork lying around on my desk when I found the invoice and remembered there was still the matter £90 to be resolved! It's not the amount of money that matters, its the PRINCIPLE DAMMIT! I rang up the letting agency 2 days ago asking to speak to somebody regarding the matter of an unresolved £90 owed, and was put on hold 3 or 4 times, and the guy responsible for dealing with the property told the poor receptionist lady that he didn't want to speak to me for reasons unknown, even though she already admitted he was standing next to her lol. Instead he told her to tell me to leave a voicemail at his desk (wtf). He left me a voicemail 2 days later saying that I had to take it up with the landlord. This was all despite the fact that it is clearly the agency who owes me the cash, and this has nothing to do with the landlord anymore as he's paid his £50 and we paid our £200 (-£110). When immediately ringing him back and demanded my £90 and mentioning that his invoice was clearly a fake, he refused to answer and became irate very quickly, saying things along the lines of "I don't have time for this chit chat" and when I said I'd take him to court he actually swore down the phone to me before hanging up. Bear in mind this is a high-street letting agency, I was quite shocked and proceeded to laugh in surprise before we both hung up on each other. Immediately afterwards I typed out the following email and sent it to their office, as well has printed out a copy and sent it via recorded 1st class: I did the right thing, right? I mean surely, should I submit this to moneyclaim online, they don't have a hope in hell of winning, right? Bunch of [causing problems] *******
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