The courts are not working. Help.

[jimmyley]

I don't know to whom I can turn now.

I filed a claim online for a mobile phone that a shop refused to return and it went up to the bailiff stage. The bailiff said they were no longer there and moved. I went there and they are working as usual!

I sent a letter to the bailiff with the receipts I have but I got no reply.

I went to my local court but they are saying that it's not their business since the claim was filed online and not transferred to them.

I phoned the bailiff court which is in the city where the shop is, and they redirect to a general call centre.

At the call centre they only repeat what's on the online system and won't transfer to anybody.

I need the mobile and the money I already sunk in this. Help.

[BRIGADIER2JCS]

Was this a judgement by default? After which you applied for a warrant of execution.

[jimmyley]

Yes

[BankFodder]

Are you sure that you have the address exactly right - number, postcode etc?

Are you sure that they are same named company as the ones you sued?

[jimmyley]

The address is right I checked personally and the same people who won't give me my phone are working there. The company name I used in the claim is the name in the receipt.

[assisted blonde]

Same people but have they changed the company name they are working under, if the claim was against a company then the baliff can only act against that company even if the directors are the same.

[BRIGADIER2JCS]

That is the key, same trading name or not??

[jimmyley]

Well how is a customer supposed to know this?

And if this works like this than it's all a mockery at the consumer's expense.

A shop can just give receipts away with mickey mouse company names and then if there is any problem they just say the company has moved?!

[BRIGADIER2JCS]

Is the company still trading under the name on your receipt???

[jimmyley]

Brigadier, How can I know that?

And it is really down to that? A store can just change name willy nilly and withhold other people's property without consequences?

[BRIGADIER2JCS]

Do they have a trading name above the door?? Is it a Ltd. company?

 

If the original company failed the directors may have done a ''Phoenix''

perhaps keeping the same main name and for instance xxxxxx2012 Ltd.

You need tomake inquiries and research, Companies Hous records etc.

[stu007]

Hi

 

Agree with all advice given.

 

What is the companies name or just a postcode?

 

As Brig has said check Companies House Website as they have a WebCheck where you can input the companies details and see what comes up.

 

This link will take you direct to Companies House WebCheck: http://wck2.companieshouse.gov.uk/ae9dd0266b68ce76b9c5cbf9d0b32a4a/wcframe?name=accessCompanyInfo

[jimmyley]

Brigadier, the name above the door appears in the receipt in small letters. In big letters there is the name in a logo which is the name I filed. That logo appears in a website that in the meanwhile was partially disabled but when I filed the claim it said the company belonged to another company with a corresponding registry number which I checked was valid at the time.

I'm not a law or a company structure expert but if the receipt I have is not a valid evidence then I don't see what security a ordinary person has and the courts are perhaps for people who can afford a solicitor.

[BRIGADIER2JCS]

Ok I'll see if I can get some further help for you, I cannot see why the bailiif has failed to execute the warrant.

[assisted blonde]

If you put up the name of the ltd company I can check it out and also find tell you if the directors are running other companies. the site I use has more info than the basic compamies house webcheck.

[jimmyley]

Thanks but how would I go about and use that information?

 

 

The major name on the receipt is 'GSM Repairs'. Its website had this written on it:

 

Gsm Repairs is part of R3 Grp Limited. Registered in England & Wales: 06826367

 

but they removed it about a month ago. The main name in the shop front is 'Recover Solutions' and it also appears in smaller print in the receipt. I was told the boss name is Darren Radley which I passed on to the claim form and the bailiff. The GSM Repairs website had a form which customers would fill and it had 'GSM Repairs' in the header and asked to send to this address

 

Recover Solutions, R3 Grp Limited, 87 Barr Street, Birmingham, West Midlands, B19 3DE

 

but they removed that too, although I kept a copy of everything. That address is the real address. The address of 'R3 Grp Limited' in the Companies House website is close but different.

Edited September 12, 2012 by jimmyley

[jimmyley]

So, can anybody find any usefull advice on how to make the courts do their job, please?

[assisted blonde]

R3 grp trading address and registered address is 47bgreen lane small heath birmingham B9 5BU, however the company has not filed any financial reports since its incorporation in 2009 and a vol dissolution was suspended in dec 2011. The directors of this company are Darran and Clare Radley. GSM are not a ltd co or officially part of R3.

What name did you actually have on the court documents? the baliff can only enforce against the name on the docs, even if they know it is the same person trading under another name.

[jimmyley]

What I have is a receipt given by the people who are still working there. If they are trading under a bogus name and passing fake receipts to customers that is against the law and punishable.

 

I specifically wrote in the request for warrant of execution that they are also using the name 'Recover Solutions' and that the manager was a Darren Radley. The court completely ignored this and wrote that the bailiff was told by the new occcupant that the debtor had left and that the bailiff has no information about where the debtor may be. Finally ends with (copied exactly as it is): 'NEW OCCUPIORS: "RECOVER SOLUTIONS"'!

 

If you still think the courts have done their job properly thank you for your time reading this but please keep your opinions private.

If otherwise then please can you tell me what have people done when they are dissatisfied with the courts administration?

Edited September 17, 2012 by jimmyley

[assisted blonde]

FYI they can trade under any name they please unless they are misrepresenting themselves as a ltd company so they can call themselves what they like. if your warrent was against Recover Solutions and that is who is at the site recontact the court balifs and send them again. as for keeping opinions private that is what this forum is for [peoples opinions, I have a lot of dealings with baliffs and was trying to help however I was trying to establish exactly the name that judgement was entered against. was judgement against Recover Solutions? if so then the balif has no excuse if however it was against R3 Grp or GSM even if it is the same people they cannot do anything unless judgement is against them,

Why did the shop refuse to return the mobile in the first place?

And yes once you have paid your court fee for your claim they can keep it, if you think the court has not acted correctly then you will need to put it in writing to them.

Edited September 17, 2012 by assisted blonde