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abedegno

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About abedegno

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  1. Fully paid, despite DCBL getting my account details wrong, I guess it's all over!
  2. Aaaaaaand, a result. The HCEO sent an Notice of Enforcement, before Xmas and he called back this week to pay in full. Foolishly he was late, so had to pay the Stage 1 charges also. 14 days wait and I'll get my money back!
  3. Hi, Is there a specific piece of legislation I can point them about trying to pass on charges/fees for an overpayment/refund? I'm going to give them a chance, I'm not a stranger court and I want to show I gave them the opportunity to refund me in full without trying to pass on transaction costs and behaving reasonably should it come to that. Thanks Abe
  4. Hi, They've refunded 6 months worth, which is what they can do without getting charged. The issue is 5 GBP per a month has been getting paid to them over a couple of years as a double payment, so they have to go back quite far to do a refund. The subscription was paid from my Amex charge card - so I think with Amex there's no time limit for a transaction chargeback. I'm going to suggest they don't try to pass these charges onto me, otherwise, I will start a chargeback because legally no service was received for payment (which is wasn't) and this will incur significantly higher cost to them.
  5. Hi, I cancelled a web hosting service a couple of years ago, and it wasn't unreasonable to expect billing ti also be cancelled. The service was paid via PayPal Subscriptions, I didn't realise I had to cancel this myself and small payments (5 a month) have been continuing without me realising until recently. When I spotted it, I contacted the company and cancelled the PayPal subscriptions, however, I'm having some difficulty getting the money back from them. They advise that because paypal charges them transaction fees, they will refund me but first want to deduct these fees. Where do I stand legally? Surely I am entitled to a refund as I've 'paid' for a service I haven't received and I don't think I should have to incur the payment fees as part of a refund. Thanks Abe
  6. I took a punt and issued a new court claim against the builder personally and he again ignored it, I've been able to request another default judgement. My next thoughts are to enforcement, which I hope won't be so difficult as I have a CCJ against a person and not a Ltd company: - He has property, solely owned and in positive equity - I'm considering cutting to the chase and requesting a charging order - I know he banks with Santander - so attempt a TPDO, but against the bank - Transfer to the HCEO again, although I was unimpressed by TSO when they were sent in previously, they may have greater leverage to obtain payment when they can seize personal assets. My only worry is he doesn't have vehicles they can seize as they are on finance, but there should be personals assets including a lot of Apple iGear. - Or maybe a combination of the above? Thanks Abe
  7. HCEOs can't help, they can only enforce against the name on the writ. I am a little bit hazy here, there's conflicting information from various forums/blogs on the internet but section 216: http://www.legislation.gov.uk/ukpga/1986/45/section/216 says: "This section applies to a person where a company (“the liquidating company”) has gone into insolvent liquidation on or after the appointed day and he was a director or shadow director of the company at any time in the period of 12 months ending with the day before it went into liquidation." But a company being struck off isn't the same as insolvent liquidation? Also, if I read 217 correctly I think personal liability is for the new company and not the old? Thanks Abe
  8. Trading name is identical. I’ve not yet written to companies house, I assume I should do?
  9. Hi, I've not quite given up here.... The builder has created a new Ltd company (similar to the old one I have a CCJ against) and is continuing the use the original trading name. The old Ltd company now has overdue accounts and has received the first notice to strike off from Companies House for non-filing. From what I understand, I may be able to make use of section 216 and section 2017 of the Insolvency Act which specifically prohibits what he is doing (using a name similar to the old Ltd company and trading style) which is a criminal offence, and would make the him (the director) personal liable. Am I correct in my understanding, does anyone understand this area? Thanks Abe
  10. Hi, I cannot get a warrant of control on the basis of a TPDO - I have to first get a judgement order, which means going back to court. I will try writing a letter to the Third Party and see how I get on.
  11. Hi, So I contacted the HCEO, they advised that they can only enforce against the entity named on the Writ of Control and as such, would be unable to take enforcement action against the third party named on the Third party debt order. To enforce against the third party it means going back to court, more expense, and I would need to prove that the property developer acted unreasonably by receiving and defying the order.
  12. I already have HCEO engaged to try to recover assets from the judgement debtor. They were a bit slow and he was able to hide/move them, but that's another story... I will ask the HCEO and see what they say. Thanks Abe
  13. Hi Steampowered, by bailiffs do you mean County Court Bailiffs, HCEO or both? Thanks
  14. Hi - that's correct a final third party debt order instructing the property developer who had hired my builder (and would have owed money to them). That's what I'm not sure about, whether the I can now enforce against the Third Party as a TPDO is a means of enforcement itself. I suspect not as I have no cause of action against them, the court does. I think my only recourse is to ask the court to initiate contempt proceeding - but I'm unsure how I do that.
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