trade account/court claim/withdrawn

[postggj]

ok people, lets get the grey cells working

 

i was asked to help out ref a plumber,

he had a trade account with ,shall we say plumb centre. its not by the way,

 

he was late paying a monthly bill due to the lady in the office being on maternity leave,

 

through there solicitors, plumb centre issued an n1 claim form very quickly.

 

this is where i come in

 

cpr to the solicitors requesting a copy of the agreement, default/termination notice etc.

 

he has just received a letter stating claim has been withdrawn by the sols but unless payment of two grand is made in seven days , they will be doing a new claim.

so why withdraw only to re issue a new claim.

 

THESE ARE MY QUESTIONS

 

1/ DOES A TRADE ACCOUNT COME UNDER THE CCA

 

2/ DOES THE ACCOUNT NEED TO BE TERMINATED/DEFAULTED BEFORE LEGAL ACTION

 

3/

AFTER STARTING A CLAIM, THEN WITHDRAWING, ARE THEY NOW NOT BARRED FROM FUTURE LITIGATION UNLESS GRANTED PERMISSION BY THE COURT

 

 

THE SOLS HAVE NOT PRODUCED THESE DOCS IN THE CPR REQUEST SO I HAVE NOT SEEN THEM AND AS THEY HAVE NOW WITH DRAWN?

[rameses_qc]

1. No

2. No

3. No

 

Trade account will come under contract Law. The plumber is not a consumer under the act.

They were a bit quick in issuing a claim. They should have made an attempt to sort it without Court action, and although we don't know if any correspondence went on between them, they might have realised that.

They can claim again if they want.

[postggj]

But Does Not A Trade Account Come Under A Running Credit Account

[rameses_qc]

Not really. CCA 1974 (as amended) covers consumers. The law supposes traders have access to legal assistance, and anyway should know what they're doing. (as we know not all do)

No, it's regulated by contract Law. the contract is, they will supply goods. the trader will pay later, which is known as executary consideration

[postggj]

it matters not as i believe they are now screwed

to issue a new claim would need the permission of the court.

its my understanding a new claim needs to be submitted with in seven days of withdrawing the previouse

 

and as its on the same poc

 

not a chance

[rameses_qc]

it matters not as i believe they are now screwed

to issue a new claim would need the permission of the court.

its my understanding a new claim needs to be submitted with in seven days of withdrawing the previouse

 

and as its on the same poc

 

not a chance

 

 

yes, this is correct.

[postggj]

bit of a development

he has just called me

claim withdrawn 24/7/09

 

today received a fresh n1 claim

same poc

 

now a new claim needs to be submitted within seven days of withdrawing the previouse

 

can anybody post a link

need to read up on this for the statutes/legislation

 

meny thanks

[postggj]

Bump

Edited August 4, 2009 by postggj

[postggj]

Bump