Judgement entered

[Biffidus]

Hi all

This is my first post. I'm looking for some guidance to try and avoid throwing good money after bad

I will keep it brief and avoid the boring details but here goes.

 

I bought two beds (new from an ebay shop) a

nd within the warranty period they both developed identical faults.

 

I contacted the seller and they wanted me at my cost to send the complete beds back to them so they could decide if it was a manufacturing defect.

 

I wasnt happy about this and after weeks of calls and emails

I started a claim for the full value on the moneyclaim site.

 

I heard nothing untill i received notification from the court that judgment had been entered against them.

 

I contacted them to offer them the chance to pay up before extra costs are added etc

only to be told they took over the company and now dont trade under the name that i took to court.

 

The ebay account is stil lin the same name, the phone number is the same the email is the same.

 

What i want to know is if i try and enforce a warrant which will cost me a further £100 will that do any good considering the name change etc?

 

Thanks in advance for any advice

Biff

[citizenB]

I will alert others on the site team who might know

 

They will just be finishing their day jobs then dinner, so it might be later on this evening when someone looks in on you.

[Biffidus]

Thats great cheers

[dx100uk]

id pay £60 and get HCEO involved.

 

dx

[Biffidus]

Hi

apologies for my ignorance but I dont know what hceo refers too?

Cheers

[Biffidus]

Hi again

High court enforcement officer? The debt they owe is only 282 so i wouldnt be able to do that. Basically i just need to know if i send the bailiffs in at a cost of £100 will they still be able to enforce the judgement if they are trading under a different name not forgetting what i said above about ebay accounts the same email and phone numbers etc? What i have since found out is you can still buy from their ebay shop under exactky the same name as before!

[citizenB]

I am advised you should check Companies House for a status report to see if the company has registered as Diss...they may just be trying it on.

 

Hope this helps

[AndyOrch]

Thread moved to legal.

 

 

 

Regards

 

Andy

[Biffidus]

I'm sorry I am rubbish at this. I checked CH but the shop name doesnt come up on any of the searches!

[AndyOrch]

Are they registered as a LTD company...whats on your invoice ...VAT Registered? You will need to do a little detective work here before pursuing enforcement and possibly ending up further out of pocket.

 

Regards

 

Andy

[Biffidus]

Hi. thanks first of all for all the help.

 

It's getting curious, the company was called online4furniture. I obtained judgement against online4furniture but when i rung them today they told me they had taken over the company and were now called discount furniture store. After the advice above i checked the proof of purchase on paypal and the company i acutally paid wasn't called online4furniture it was Direct Furniture Suppliers ltd. I looked them up on companies house and they have got a c/o chartered accountants as their address. Who should I try and enforce judgment on?

[AndyOrch]

So you have judgment against a company that does not exists or do they as part of the same company?...it is vital before issuing any claim that it is served on the correct name/company/address.

 

Your claim should have been made against " Direct Furniture Suppliers ltd " trading as online4furniture.

 

You can only enforce the judgment against the name on the judgment...if you can prove a link then speak to your Court/enforcement.

 

Regards

 

Andy

[Biffidus]

Before I started the small claim I rung them and asked for their full address and the company name. The address is the same but the names don't match

[AndyOrch]

Perhaps a chargeback may have been a better option than litigation if recourse is provided vis a Paypal

[Biffidus]

Paypal wouldn't help because of the time after the purchase.

 

I just need to check their trading.

[AndyOrch]

As post #12 then Biffidus...keep your thread updated with what transpires.

 

Regards

 

Andy

[steampowered]

Looks like "online4furniture" does not exist. Direct Furniture Suppliers Ltd is still trading. The fact that you paid DFS does not necessarily mean you should have sued them, as sometimes the company which receives payment is different from the trading company, but this is all you have to go on at the moment.

 

Their response is inadequate. They have not explained anything about the takeover. Whoever they are, they still seem to be trading as online4furniture. Even if they are now called the Discount Furniture Store this is still just a trading name and not the name of the legal entity. Before taking further steps I write to them and call them to try and get a proper response about who is trading and who is liable now. If you do not receive a proper response then I would proceed to enforce against the company.

 

Sending bailiffs round to the company's registered address would be pointless as it is a charatered accountant's office. If they have business premises trading under the online4furniture name you could give that a go with the bailiffs. Otherwise an order asking for information about their assets or a third party debt order against their paypal account may be a better option. The threat of enforcing against their paypal account (which may result in paypal freezing their assets) would give them pause for thought.

[Biffidus]

Hi and thanks again

 

U have pretty much discovered the same as me regarding direct furniture supplies and discount furniture store. I like the idea of screwing their paypal up. How would I go about that? I am going to ring them again and tell them I am going to sue ditect furniture supplies and inform paypal which will means their account being frozen see how they respond to that

Again thanks everyone

[steampowered]

I would simply say you have a judgment against online4furniture, they are still trading as online4furniture and you will seek a third party debt order against their paypal account and the underlying bank account if they do not pay up. Actually following through with it would be a little more complicated but cross that bridge when we get to it

[Biffidus]

Latest update is that I spoke to them again and basically they said crack on take us too court if you want to !!!!

[steampowered]

The fact they said "take us to court" on the phone makes it sound like the person you spoke to has no idea that court proceedings has already taken place. Is it possible they never received any of the documents? Which address did you have the documents send to?

 

Are they still trading under the name "online4furniture"? Do you know the physical address where they are trading (no point sending bailiffs to their accountants)?

 

You still do not have any certainty about who you were contracting with or what happened after that so I think you have to proceed on what you know now. Perhaps write them the following letter - I would send it to the registered address of the company, with a copy sent through ebay and a copy to any trading address.

 

---

 

URGENT

[company name]

[Adress]

Attention: Managing Director

 

Dear Sirs

 

Please find enclosed a copy of the court order obtained against you on [date] in relation to claim number [number] launched against your company in relation to two faulty beds. You will have already received the court documents relating to the same.

 

I have not received the payment which was ordered by the court. Payment of [£....] is now overdue and your organisation is accordingly in contempt of court for failing to comply with the court order. Unless I hear from you within 14 days, I intend take the following steps to enforce the court order:

- Request that County Court Bailiffs to attend your premises at [address] to levy execution against your assets;

- Seek a Third Party Debt Order against your paypal account and bank account; and/or

- An information order requiring the directors of the company to attend court to provide information about the company's assets.

 

Naturally, if I am forced to proceed with enforcing the order, I will seek recovery of all enforcement costs together with judgment interest at the statutory rate of 8% per annum.

 

Yours faithfully,

Biffidus

[Biffidus]

Thanks for that. I will try that letter as im running out of options. They're trading as online4furniture on ebay today still but I spoke to the bailiff this morning and he basically said if he receives a warrant with online4furniture on the top but the premises has a company called discount furniture store he would have to walk away.

Is there any mileage in contacting paypal its all s bit fishy

Online4furniture is still selling on ebay

Discount furniture store are in the premises that online4furniture has as their address

Direct furniture supplies is on the paypal account!!!

Its laughable

 

Direct furniture supplies ltd is the name on the paypal account!!!!

 

Its lsughable

[steampowered]

Try sending the letter and report back if you don't get a response in 14 days. I would address your letter to the company with the paypal account without mentioning the confusion over trading names - if they want to try and say you should have claimed against a different entity this will hopefully get them to explain that in writing. In the meantime you can certainly contact paypal, perhaps try emailing paypal a copy of the court order if possible. However paypal doesn't actually have to do anything until you serve them with a Third Party Debt order.

 

If you don't get any joy with the letter then we will have to think about what you do next. Your basic problem is that there is no such thing as "online4furniture". It is just a trading name, not the name of the individuals or the company behind it, so the bailiffs will be wary about enforcement if they are not 100% sure they have the right entity. If you don't get any joy with the letter we may have to think about applying to court to have the order varied.

 

Before you even think about bailiffs you need to establish (1) do these guys have a trading address with assets and stock there and (2) if so, which company owns the warehouse and what name does it use. There is no point sending bailiffs to the company's registered address as that is just their accountant's office, there won't be any company assets there. Rather than sending bailiffs round it may be easier to apply to court for a Third Party Debt Order since you have the bank account details.

 

By the way, what address did you send the claim form to? The paypal address? Are we sure the court documents was sent to the correct place?

[Biffidus]

Hi

 

Yeah im confident they went to the correct address as I rang them with a story that I was returning goods and needed to confirm postal address.