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pizzadude

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About pizzadude

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  1. Thanks again to you both for guiding me here. I did not fully appreciate the distinction between the two courts before. I am going to tie myself in knots if I start trying to quote applicable law, so I'll draft the facts and statement based on the information I've discussed with you. Kind regards
  2. Fair point Bazza, thanks for clarifying that. It is difficult to try and keep emotions out of the equation - just reading back through all the email correspondence has been winding me up. The main focus is, as you state, to establish reasonable grounds that he was fraudulently trading and shift the onus of liability onto him.
  3. Thanks again Steampowered, very useful information. For the Insolvency Act references, did you mean s423 or s212? There was no defense submitted for Defendant 2 (CompanyB) and according to the MCOL advice line, I may therefore request Default Judgement against Defendant 2. I agree with you and Bazza though, that contrary to the assertion made by the Director, CompanyB has no liability to me, as no contract was ever formed between us. I am concentrating on Defendant 1 (the Individual) to hopefully prove that he had clear intent to defraud. The original communication
  4. Thanks Steampowered, I will provide details of the claim and defense a little later when I get home from work. The sales agreement and payment were originally with CompanyA. As stated, I was not even aware that CompanyB was on the scene until 13/14 months later. I'm now also surprised that CH upheld my objections to the dissolution of CompanyB - but there was trouble initially lodging the complaint because of the CompanyA/CompanyB liability. In the end, I submitted the Director's own communications as evidence against him. It now appears that they were probably right to questi
  5. ...this matter. (My phone decided to post while I was typing...) I agree with your comments and will see how I can apply them to the case. I believe I am waiting to receive a Direction Questionnaire (?) for the claim to progress, so will hopefully raise the argument/evidence at that point. Kind regards
  6. Thanks for the reply Bazza. I tried this direction when obtaining legal advice, but was put off naming CompanyA as he had subsequently offered that CompanyB was now responsible for the order. As the incorporation and dissolution dates of CompanyA and CompanyB overlap, it is unclear on who's behalf he is acting during that period. By September 2014 though, CompanyA is dissolved and no longer exists. I do not find out about this supposed link to CompanyB until March 2015. Unfortunately CompanyB and the individual have already been named as joint defendants. It is unknown whe
  7. Good evening all, I would be grateful for any advice that may be offered for the following case that I am pursuing through the Small Claims court. I have changed the exact dates, but the rest of the details are accurate: On 15 November 2013, I found a website offering for sale some consumer electronics. It was a computer peripheral (offered as a kit or fully assembled) that would enable me to expand my fledgling prototyping business. After many calls and emails with the Company Director, I went ahead with ordering an assembled and calibrated unit for the sum of £1000.00 (including co
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