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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

rogerswendy

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  1. rogerswendy
    Yes, this is the same case. The Sheriffs have asked for proof that the company has been closed and that its assets (the company van) is no longer owned by the business. The owner has ignored their request for this evidence and the Sheriffs have now closed the case.
  2. rogerswendy
    Hello Forum Members I would like to take an action to "pierce the corporate veil" of a company which is operating in an illegal way. Can anybody tell me whether I can take this action forward through the small claims court or whether this would be a criminal action?
  3. rogerswendy
    Hello Community I have lost all faith in the justice system having spent a lot of money and time "doing the right thing". When I was the victim of a fraud I did what I was told by the Trading Standards and took the case through the Small Claims Court fully expecting justice. When my case was won and the defendant made no effort to pay the fines the court imposed upon him/his company I turned to the Sheriff's to enforce the judgement. I have been sadly disappointed in them and this criminal will no doubt become even bolder in the way he cheats and intimidates his victims because he knows now how to circumvent the system. I have felt so threatened by this person that I have moved away from the area because he knows where to find me. I want to use my experience to help support others and to signpost them to appropriate help. The first step would be for me to set up a blog but I am a little concerned because I do not know what I can and can't say in a blog. Does anyone know anything about the "rules" I have to abide by when writing a blog outlining my experiences and allowing others to report on their experiences and problems? thanks
  4. rogerswendy
    Forgot to mention that the company is still registered with Companies House.
  5. rogerswendy
    Hello Consumer Action Forum As you will see from my previous posts I have called in the services of the Sheriffs Office in an attempt to recover money from somebody who has opened and closed several businesses owing creditors money. I heard from the Sheriffs Office today. They went to this persons home (he is running the business from the house but using a room in a local venue as an office when he meets with clients) but he told them the business is closed owing creditors £30K. It seems inconceivable that he would close this lucrative business and, for various reasons, I am convinced that the business is still trading. I have informed the Sheriffs office about what I know but I wondered if this is the sort of thing the Insolvency Service could/would look in to? I would be interested in hearing your advice and opinions. Also, can I proceed with a "Piercing the Corporate Veil" claim now, or should I wait until the Sheriffs Office tell me they have done everything they can do?
  6. rogerswendy
    I have been awarded a CCJ against a local businessman who has no intention of paying me. I believe he has acted dishonestly a number of times with other people and I believe I have evidence of a number of dishonest representations he made during his dealings with me. I am in the process of calling on the services of the Sheriffs office in an attempt to get the money back via the bailiffs. I would now like to attempt a second action against him to pierce the corporate veil and attempt to get him to repay me additional monies that he owes me that I was not able to claim in the first claim i.e. £600 for a surveyors repotr and the cost of an extremely expensive freezer that he took from the house, from his personal assets. Can I post the particulars of the claim on this site (if I take out all names etc) and ask for comments on how I should improve/develop the particulars before I submit them to the court? If so, is this posting appropriate for the General legal issues site? Many thanks Wendy
  7. rogerswendy
    I have been awarded a CCJ against a local businessman who has no intention of paying me. I am in the process of calling on the services of the Sherriffs office in an attempt to get the money back via the bailiffs. I would now like to attempt a second action against him to pierce the corporate veil and attempt to get him to repay me additional monies that he owes me that I was not able to claim in the first claim i.e. £600 for a surveyors repotr and the cost of an extremely expensive freezer that he took from the house, from his personal assets. Can I post the particulars of the claim on this site (if I take out all names etc) and ask for comments on how I should improve/develop the particulars before I submit them to the court? If so, is this posting appropriate for the General legal issues site? Many thanks Wendy
  8. rogerswendy
    Thanks for this. Yes, I will contact HCEO and find out what they think is the best way to manage my situation. Wendy
  9. rogerswendy
    I have looked up the website. Very good information to have, thanks. The cost of this service seems very reasonable actually. Thanks again Wendy
  10. rogerswendy
    Thanks for this. I have ordered the book because I think it looks as though it might be useful. Could you tell me what HCEOs are?
  11. rogerswendy
    Hello Steampowered ]Thanks for responding so quickly. You make some good points here and I will address them one-by-one. First, you asked me if I know where this person lives. Yes I do and I know where his office is based too. If I gained a judgement against him I would first send in the Bailiffs if he refused to pay. I would also send the judgement to whichever organisation polices the law/act that requires company directors to adhere to certain standards of behavior (cant remember the name of it here). I believe some of the evidence I have (taped telephone calls and emails) would show he does not care whether he complies with the law or not. Therefore I would like to get this evidence to court and get the judgement on record. Who knows, if enough people complain about him one day he might not be allowed to be the Director of another company! I think that would be a result because this sole trader uses the Ltd Company status to protect him while he is committing illegal acts. I have identified certain assets: His house which is on the market for £280k His very new van which is emblazoned with the company name. If I could find out whether he has transferred that van to his other business in order to avoid paying me then I believe that is an illegal act?? A Fish and Chip bar he owns or is a partner in 2) You suggested I report him to Trading Standards. I have done that and they did investigate my complaint. I know they were considering taking action against him but I believe that, for cost reasons, they decided against that. The Trading Standards Officers and the Police, who were involved when he threatened to break into my property, have both advised him on certain actions and he has treated them with complete contempt. I know he has committed violence against one of his tenants and I know Trading Standards have received at least one other complaint about this person. I am hoping I will find that Trading Standards will be required to disclose more information after the FTI request. 3) Thanks for the information about the records held by the local county courts - I will find out what I can from them 4) I was hoping to get the accounts because I wanted to establish whether there was a record of his claiming depreciation for the van. That would prove the had the van when he had the judgment made against him. I am particularly keen to hold this man to account because he took the action he did because he knew that the owner of the house, my brother, is a vulnerable person. I was forced to commit to buy the house from my brother because I knew my brother was not capable of managing this situation or capable of standing up to this cowardly individual (who has a reputation for violence against vulnerable women/people). For that reason his fraud has cost me a very great deal of money. I wonder if my "losses" from his actions can be factored into my claim?
  12. rogerswendy
    Hello Forum Members Since the last time I posted about the illegal behavior of the estate agent/builder who used intimidation tactics to extort more than £8k out of me, a number of things have happened: 1) this small businessman went "underground" and closed his high street estate agency and began operating his business through Twitter. 2) I was advised by the Court that my undefended claim against this person(for breach of contract) had been granted back in early June but the letter to inform me of that fact had not been sent 3) I heard this small business man had engaged a roofer to re-roof one of his properties and had not paid him - which caused the roofer to retaliate by removing all the tiles from this roof in an attempt to recover some of this debt (I mention this because there does seem to be a pattern here in the way this business man runs his businesses) 3) this small business man has now set up his business in a room in a pub approx 10 miles away from its original location 4) I have not had any contact from this businessman and I have not yet received any payment towards the debt he owes me (the Court awarded me £2,200). For this reason I am assuming he has no intention to pay me any monies. I would now like to submit a claim to the small claims court and attempt to "pierce the corporate veil" and recover this debt from this businessman's personal assets and am attempting to gather information to support my new claim and the purpose of this email is to ask for advice/information about what information I should gather and from whom I might be able to gather this information. So far I have asked the local council (freedom to information request) to provide me with information about any complaints they have received about the 4 companies and the one fish and chip shop this person has run since 1999. I would also like to find out about his assets (i.e.the new transit van he has which is emblazoned with the estate agents log) so that I know whether it is worth asking the county court to send in the bailiffs to recover this debt. I wonder if the DVLA would respond to an FTI request and let me know if it is registered to him or to the company against which I have a CCJ? Can anyone shed light on that? Would Companies House provide me with information about any CCJs the 4 companies and the fish and chip shop this person owns has against them? Would Companies House give me access to the Estate Agency's accounts so that I can see if this business man is claiming tax relief for the transit van? (I suspect he has already transferred this asset to the Fish and Chip Shop, but prove that if that were the case. I have been told that the two person who carried out the bulk of the building work on his behalf were not tradesmen, as he described them, but were long-term unemployed laborers who are in receipt of sickness benefits and who have "hobbled" for him for the last year. I have the name of one of them. Should I try to uncover more information about them? Any advice on how to gather relevant evidence to build myself a good case would be appreciated. Many thanks Wendy
  13. rogerswendy
    If this person tries to "disappear" does the court have any means of tracing him? I know it is going to take a while to take this case through the court and I am wondering if it is worth the effort if he plans to "disappear". I will start working on a draft for the piercing the veil claim ASAP and I will post it for comment - annonomised, of course. Many thanks Wendy
  14. rogerswendy
    Hello You may remember (from my previous postings) that I was concerned that an estate agent/builder I am taking through small claims intends to close his business in order to avoid my claim. This person has not defended my claim and, for this reason, I have asked the court to make a judgement. I am awaiting that judgement now. Meanwhile, the estate agent/builder has closed his shop (or, at least, it appears to be open very infrequently) and seems to be running the business through Twitter. He is also advertising his house through Twitter so it seems he intends to move away. I am very keen to attempt to "pierce the corporate veil" and make a claim against this person before he disappears. My question is, is he likely to be able to disappear to the extent I will not be able to pursue the claim? Also, do I have to wait until the court rules on the earlier case (against his company)? Any advice would be welcome please. Thank you Wendy
  15. rogerswendy
    I am very tempted to take a personal action out against him because this person is abusing the privileges afforded by the Ltd company status and I believe I have sufficient evidence to prove it . If I were to take an action out against him personally, and was not successful, would he then be able to make a claim against me for solicitors' fees, do you know? Also, would a judge be likely to grant him his solicitors' fees do you think? I can't believe a judge would think him to be in the right but I wonder if theymay be reluctant to make a controversial decision by making him personally liable, despite his Ltd company status.

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