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Everything posted by tifo

  1. Hi, the company went into voluntary liquidation. I'm trying to get hold of the director's info but CH and Liquidator both are not interested. The director has given the former trading address as his contact address (he is also the biggest creditor of the company) yet not one of them is willing to provide me with his residence address. The company's former trading address has gone through several businesses since then.
  2. I do understand that the solicitor signed the consent order on behalf of his client, but does he bear no duty of care towards me, as the party he was dealing with, to ensure that his client did what he the solicitor was signing for, i.e. chase his client to make payment within the 14 days or make sure funds are on account before signing the consent order? As he was my sole contact for the whole claim, I dealt with it in the way I did because of the information he provided me. It is an unusual situation where the defendant has gone into liquidation ....
  3. Why not? I've trusted the defendant solicitor when he's signed a court document to say his client will pay XXX.XX .... There must be some responsibility in signing a court document ....
  4. I had default judgment against the company, they applied twice with N244 to set this aside but failed, the defendant solicitor then settled and signed consent order prior to the disposal hearing .... I applied for enforcement but could not locate the director to serve documents, the company is now in liquidation ... all this was over a 11 month period. Did the defendant solicitor have no duty of care to make sure payment is made for the consent order HE signed? Otherwise they've both played the system, defendant solicitor can sign with no fear of reprisals, defendant does not pay with no fear of enforcement, this makes a mockery of the proceedings and hearings .... meanwhile i agreed settlement of my claim from £2,000 to £1,400 because I thought they'll pay, i end up getting nothing, plus costs are £750 inc time, court fees, postage (papers, folders, SD delivery x 2).
  5. Hi, I took a company to court and the day before the hearing their solicitor called and agreed a settlement sum. He then wrote to the court to say we had settled. The next day before the hearing we signed a consent order (myself and the third party solicitor). I went to the hearing and the judge put through an order as per the consent. The third party did not pay and despite chasing their solicitor he always said "I'm waiting further instructions". During the claim I did not speak or deal with any of the third party, only their solicitor. The company went into liquidation some 6 months later and I am not getting any payment (nothing left liquidator says). Can I sue the third party solicitor as he signed the consent order and I believed his client will pay? Solicitor says this was not an undertaking, just following instructions. Thanks.
  6. Isn't that a failure of parliament in passing the relevant legislation? I haven't excluded a case against the govt on human rights grounds if the FOS decision is so 'wednesbury unreasonable'. In my case they are clearly wrong, there is a clear failure by the Ombudsman to understand the complaint properly and the parts NOT upheld are those where the policy is not clear and the parts not considered are those which the policy says it will pay for !!!! Even in the parts rejected the insurer agrees they and the builder made mistakes. I just don't know how I can be made to pay for mistakes the builder made in a new build home !!!
  7. how can a person take the FOS to county court? and for what losses? i've had two illogical and unreasonable decisions from the FOS last year, especially after the other party admitted they made the mistakes i was asking to be rectified, but the FOS STILL decided they need not do anything !!!!
  8. No, i'm all here as I was before. No change in name or address, they can check this through credit files. Over the years i've even spoken to them because they were reporting the wrong balance to credit agencies. I've a letter from their solicitors admitting the reported balance was wrong. It's on this forum on another thread with a scan. The balance has default charges and PPI which could be argued about. At the time of the CCJ in 2004 I did not know this. 1st Credit can't say they're not responsible since they've got the CCJ. On top of that there is also the matter of the wrong balance being reported (by about £1200 more). These combined would be much greater than the CCJ balance. They've never been able to provide me with a credit agreement even though they took the £1 fee many many years ago. I've not shunned payment but they've never accepted my offers. At one stage they even got me in touch with another creditor to borrow the money to pay them off and it would have cost me £2500 more than the CCJ balance. I went through the motions just to gather the evidence.
  9. back to this one after many years .... 1st credit have chased for the debt since the CCJ but no payment has been made (we couldn't agree the amount initially). now they've come back again (as previously) with a letter threatening a warrant of execution. what can i do? do they need the court's permission to enforce anything after so long? CCJ was removed from my files in 2011 after 6 years ..... been nearly 8 years since they got it.
  10. back to this one after many years .... 1st credit have chased for the debt since the CCJ but no payment has been made (we couldn't agree the amount initially). now they've come back again (as previously) with a letter threatening a warrant of execution. what can i do? do they need the court's permission to enforce anything after so long? CCJ was removed from my files in 2011 after 6 years ..... been nearly 8 years since they got it.
  11. If the POC is wrong then the claimant should apply to amend it with the defendant claiming any wasted costs as a result of this. Also, the POC has been signed (by the firm) as true when in fact it contains errors. At the most they will cite admin errors due to the claim being electronically done and that no prejudice has taken place. However, if the whole wording is wrong then you cannot draft a defence. So you should use an embarrassed defence and ask for the claim to be thrown out with no reasonable grounds of success with such pleadings.
  12. i may be in the same situation ... can you let me have your particulars of claim, minus personal info?
  13. it's not too late and I will get all the necessary reports for the court claim. i don't know how they'll win. They can't change the meaning of the written word or the fact that all are agreed the developer made mistakes. it comes down to 1 word ........ 'including' in the definition of 'major damage' and whether it means 'including' as I am saying or 'only' as the insurer is saying. Basically the insurer is saying payout is limited to structural damage 'only' whilst the policy says 'including' it.
  14. The loss adjuster was from Zurich. They simply made a report to decline the claim. The Ombudsman even said this. It then went through the Ombudsman who said as stated above. The first time my whole claim was upheld but Zurich did not accept the decision and asked for a review. Parts of it were then upheld and parts not, even though both the Ombudsman and insurer accept those not upheld were due to the developers mistakes during building but that the policy definition does not cover them. No reference to the policy clause of the developer warranting to the home buyer that they built with skill, care and in a workmanlike manner, which has obviously been breached with the building mistakes. Zurich solicitors have then offered to pay for the parts upheld and end the whole claim. I obviously cannot accept this so the whole claim is now going to court where we'll let the judge decide if the policy definition is correct (I say the insurer is now reading it wrong) and whether the developer has breached the clause to work with care and skill by making the building mistakes. I bought a new house with building mistakes from the outset which then resulted in damage some years later. The insurer was negligent in not surveying the property prior to issuing the certificate. In the policy it states they do this on every property but in my claim they said they didn't do this and mine may not have been inspected as part of a batch.
  15. it's still ongoing ....... zurich accepted the claim when it went to the Ombudsdman. court proceedings due soon against Zurich after a few years at the Ombudsman. Initial letters to their nominated solicitors were sent some months ago who have offered to settle some heads of claim but not all (and the main damage). I've said I'll accept to settle these heads of claim and move forward to court on unsettled matters but they want all or nothing. i'm even thinking of a judicial review against the Ombudsman who made the decision that the developer is at fault which the insurer accepts and they both put a figure of £200 to the repairs (against my £9,750) but then say it is not covered under the policy definition of major damage. The Ombudsman also missed out crucial heads of claims because they seemed to misunderstand my heads of complaint even though they are clear in the loss adjusters report. so the Ombudsman and insurer accept the developer made mistakes which resulted in the damage claimed but none will pay for repairs.
  16. how much did the 200 items cost you? you will need to show how you had the funds to buy them.
  17. They'll fax it to court by the 4pm deadline ..... and/or email/fax it to you .... it's then served.
  18. I know costs can be awarded in small claims, that's what DG said, i.e. THEY can claim costs under the contract (an agreement they can't locate) but we can't. So it's one way costs to them.
  19. There is no new DN. Just the letter from which I quoted earlier. They can try and bamboozle me, at the moment I'm not taking it to a solicitors firm but there's no problem if I need to.
  20. Can they do the above though? (terminate again and ask for balance). If not paid, what can they do? They can't take it to court unless the first claim is withdrawn, in which case they can't issue a second claim on the same matter.
  21. The letter is not headed without prejudice in relation to court action .... only that the termination is without prejudice to the previous notice (and termination). I'll contact them and ask if it's without prejudice in relation to court action or open correspondence.
  22. I'll scan it ............ The agreement was terminated some years ago, they issued a claim in court, could not provide an agreement and default notice, stayed the claim for 2 years, wanted a Tomlin order signed for a settlement and now ..... They say: How can they terminate again and again ask for full repayment when they have already taken the matter to court? What if we refuse to pay upon the second termination? They obviously can't issue a court claim again for the same agreement against an ongoing court claim.
  23. In terms of damages to credit rating, you can use Kapohraror vs Woolwich 1996 which stated that damages of £1,000 + value of default can be claimed without providing any evidence of damage because the default itself is accepted as causing damage. T-Mobile did something similar with me and I may also take the issue to court - I cancelled my contract with the due 1 month notice but they cancelled it 6 months later and wanted the balance. They then defaulted me for this. They have evidence I cancelled and provided the correct notice because they texted me and also rang to ask why I am leaving.
  24. DG have written to say the account has been terminated previously but will be terminated again on dd/mm/2013 and the full balance will then become due. Haven't they already terminated, taken to court, unable to supply an agreement, put the claim on stay for 2 years? What does the new notice mean for the ongoing (stayed) court claim?
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