Statutory demand over turned now being threatened with legal action

[Archiem]

I saw a thread referring to these people, but it was last year.

 

I had work done on my house in 2007, to install a new boiler and new radiators and some plumbing jobs. I made two payments to the guy, he took 8 months and left with no corgi cert, which I had to get via corgi, ruined three ceilings, had several leaks since, the central heating zones don't work, etc.

 

I heard from him in March 2008 when he sent an invoice for an amount I had already paid. I called he said I can do what I like when I like go jump. Then I didn't hear from him again. I thought he had realised his mistake and was to rude to apologise. The other scenario would be he would take me to Court, but I have the cheque I paid and I could counter-claim for damages.

 

Two years and seven months later I get a letter from these Commercial & Domestic Investigations, saying that I owned him the money. I called and advised it was paid, and asked them to send a copy of all invoices and payments on my account. At the same time I called the plumber and left him a message asking the same thing.

 

I haven't received anything from the plumber, but the Investigations people have send a copy of the invoice he sent in March 2008. I have asked my bank for a copy of the cheque and don't know what else can do.

 

Any thoughts, please

[MARTIN3030]

The onus is on them to prove you still owe money.

Keep everything in writing.

If you can get a copy of the cheque it should prove things-although you will also need to reconcile it against a bank statement to show that it was actually paid.

[MARTIN3030]

Was this the thread ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?238425-Commercial-and-domestic-investigations-%28anyone-heard-of-these-%29&highlight=Commercial+domestic+investigations

[alfwithhair]

Well not much else you can do at the moment.

Once you have a copy of the cheque and proof it was cashed, then just send CDI a copy of this and tell them to go and annoy someone else.

 

If you've paid it you've paid it, end off.

[lenamartell]

I really don't know what anyone else would advise but, providing that you have:

Proof of Payment; Proof he did not have relevant qualifications and Proof of job being completed by Plumber - Along with any evidence of damage or repairs needed - Then my advice would be the County Court - Small Claims. Calculate how much he has cost you to date. Google in your local court and follow instructions. Take any form and evidence to your local CAB.

 

We have been counterclaimants against a fabricated bill - by a builder who is now bust and disqualified. We won, but will never see money. Thing is, even as counterclaimant, the court will refer to you as 'defendant.' You will always be on a back footing. He sued us without producing ANY evidence at all - but if we had failed to produce any evidence by any given date (there were several) then he would have won - by default! Better to get in first.

 

Also report him to Trading Standards - regarding his lack of Corgi and bad workmanship. They might just have other complaints about this man and yours can add to, or start a file!

 

Inform the Bailiffs that the sum is not owed and their client has been reported to Trading Standards. The fact that the matter is being disputed should be enough to stand them down, until the dispute is sorted one way or another. Again CAB or Trading Standards will have all the Templates you might need for any letters you want to send (Not forgetting this site, of course).

 

N.B. Although he was proven a liar eventually - he still put us through a year of hell... And it cost us around £500 to defend and counterclaim (although we were awarded charges, he declared liquidation so never paid either costs or the £5000 we were awarded!!!

 

Sorry, for some reason, the font here is much too small for me to see what I am typing, so I have had to keep this short. Hope it still makes sense.

[Archiem]

Thank you evryone for such good advice

[Archiem]

I have now proved to these people that I have paid this sum of money, and asked them to take my details off of their systems, they say that their "client" has not responded and will remove my details only when they here from theeir "client" that there is an agreement that I have paid.

 

This is madness they should be sure that the debt is actually owed before they take the "case" on.

 

What should I do now ?

[babybear39]

A short LBA should suffice, enclosing copies of your evidence of payment. If they want more, come back and we'll give you further help

[Archiem]

A short LBA should suffice, enclosing copies of your evidence of payment. If they want more, come back and we'll give you further help

 

Thank you, sorry to be so ignorant but what is an LBA ?

[john 333]

letter before action. it is what should be sent before legal action is commenced (to give a chance for settlement etc before court is involved)

Edited November 15, 2010 by john 333
typo

[babybear39]

Oops! Sorry. I get lazy and type acronyms lol...

[Archiem]

Somebody rang my bell this evening, my son opened the door and a man ask for me. He said not here, who are you. The man went to his car and came back with a plastic wallet with some papers and said legal documents. Where is she, he told him to go away.

 

I don't have a clue what this is, I haven't received any letters through the post. I'm haven't been out for a few weeks because I am sick. I'm now too scared to go out. What do I do ?

[unclebulgaria67]

If you have an unpaid debt exceeding £750, it could be statutory demand, which is a threat to make you bankrupt. They try to serve these by hand on a couple of occasions and if unsuccessful they will post them.

 

Wait to see what arrives and then post back.

[Archiem]

Thank you for your reply, I don't as far as a know owe anybody, as I thought if I did they would write to me first ? I'm not going to answer the door, if something arrives by post I can deal with that, I'm just horrified at the thought of a stranger trying to grab me in the street. I thought it strange that he didn't leave a card, but he had refused to identify himself.

[unclebulgaria67]

Suggest that you check your credit record to see if anything is on there.

 

Are you going through any other situations i.e separation from a partner ?

 

Are you claiming any state benefits or via benefits your local authority, that could be brought into question ?

 

Are you a director of a company, where a problem could have arisen ?

 

If it is not related to a personal debt, someone is trying to contact you to serve papers to bring proceeding of some sort. Or a mistake has been made by a company trying to search for someone else that shares the same name. Or you have won a competition and someone is trying to deliver your prize cheque.

[Archiem]

No, don't fall into any of the above categories. I'm hoping it is a mistake. Unfortunately, I never go into competitions, so no cheque coming my way (if only). Cheered me up though thinking like that ! thanks

[dx100uk]

cra file

 

dx

[unclebulgaria67]

No, don't fall into any of the above categories. I'm hoping it is a mistake. Unfortunately, I never go into competitions, so no cheque coming my way (if only). Cheered me up though thinking like that ! thanks

 

Perhaps someone else entered for you !

 

The only other thoughts I had were TV licence, something related to the address (dispute with neighbour or council) or a car accident you were involved in ?

[Archiem]

No pay my licence by dd, haven't any disputes and I have 9 years no claim discount. Perhaps somebody doesn't like me !!!!!

[RaeUK]

Are you sure it was for you and not a wrong address?

[SURFBOY]

I think if he comes back again then you realy need to talk to him to find out what it is !

[brassnecked]

Could be a DCA or bailiff who has done a trace on someone with a similar or same name , and you are in the frame for it, not as uncommon as people think., or for a previous occupant.

[josephbloggs]

All they need to do is touch you with it and drop it on the floor, they will keep coming back, if you havent done anything wrong then you need to know what it is have it off them when they come again

[Archiem]

I have found out what this about, it is a Statutory Demand from a plumber I used in 2007.

 

I spoke on the phone to the process server and said that I didn't owe any money, he was very kind and told me not to worry,

he will deliver the paper to me on Friday and put them in an envelope and post it through more door.

He said that he gets no details of the case but advised me to make an appointment with CAB and gather me evidence together and they will sort it out.

 

I paid this man two sums in 2007 which came to nearly five thousand pounds.

The work he did was poor, he ruined three newly plastered ceilings by cutting off pipes and not capping them (the later having to back and reconnect them),

filling radiators without putting an end value on etc.

and finally never came back to check the gas work and issue a Certificate,

despite numerous request in the end I had to go the Corgi who sent and inspector to do the cheques and made him issue a Certificate.

 

In March 2008 he sent an invoice for the exact sum I had paid him the previous March (an invoice was promised but never materialised),

I informed him tht the date of the invoice was wrong and that I had paid.

 

Didn't hear anything further until October 2010 when I was contacted by Commercial and Domestic Investigations.

They sent this March 2008 invoice and said their "client" had authorised them to collect this amount.

I sent them a copy of the cheque for the same amount with evidence it had passed my bank and gone into his,

I also gave the numbers of the other cheque and the date it had cleared my account.

 

I didn't hear anything from them so I kept phoning to see what was happening,

they said they had passed the evidence to their client and hadn't heard anything back.

 

After three-four months I give up as I just got the same reply and they wouldn't say how long they gave their client to reply before they realised he wasn't going to.

 

So now its 2012 and here I am again,

until I get the paper work I don't know if its the same invoice or if he has now made up another fictions invoice for another amount.

 

All I know is if he had a valid c laim he would have gone to a Small Claims Court,

but as I could have counter claimed he probably though that was such a good idea.

 

Also somebody suggested using my legal insurance through my house policy instead of the CAB I don't know which is best

[Michael Browne]

You can easily get the SD set aside. See here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post