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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Will this do?

 

Dear Sir/Madam,

I am writing this in reference to my ongoing claim, referenced above.

I would like to put it in writing that I object to the application of setting the judgement aside, I do so on the basis that on the date of the hearing, a representative of **** failed to turn up to the hearing at all, despite the fact they were fully aware of the date for several months in advance.

 

I would also like to add that should the application for the judgement to be set aside, I would like to claim for my costs of further attending the court, including loss of earnings and travel expenses.

 

 

I look forward to hearing from you in due course,

 

 

Yours Sincerely,

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I would ring the court office first for guidance. I would mention that you consider the respondent's likely defence will be inadequate enough to justify granting the application in addition to the reason you have given in your letter. It will be that that the judge will consider in making his decision.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 3 weeks later...

HELP!!

 

 

I have today received a letter from a solicitors acting on behalf of the company

 

The director of the company having regard to its financial position, has decided to take steps to place the company into creditors voluntary liquidation

 

 

What does this mean??

It says i have to fill in a proxy form and a statement of claim form, what can i do now??

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Did you follow my previous advice? If so, what happened?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I did, couldnt get hold of anyone to speak to when i called the court, however i did write to them and havent heard anything back!

 

 

Does the company going into liquidation mean i have no chance now?

Or does what ive read about "piercing the corporate veil" apply?

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I certainly wouldn't fill out any forms upon request by a solicitor acting for the 'respondent'. I think you should contact the court office to see what happened about the application to have judgement set aside. At the same time, tell them about the letter and the fact you are aware that the respondent as registered another company at the same address. It is obvious he has done this to avoid these proceedings and as such, you would like to know what the judge thinks.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thank you, will call them again tomorrow.

Just out of interest, do you have any idea what this proxy form is that ive recvied from this solicitor that will be acting as the insolvency practitioner?

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I'm not to up on bankruptcy TBH, but I found this;

 

http://www.insolvencydirect.bis.gov.uk/casehelpmanual/P/Proofs%20(ISCIS).htm

 

You need to find out if judgement was set aside. If not, I would issue the warrant of execution and get it passed onto the high court sheriffs here;

 

http://thesheriffsoffice.com/

 

In fact, I would contact the Sheriffs for advice one you know whats going on with your judgement.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 2 weeks later...

i spoke to the court, and the bloke i spoke to didnt have a clue what i was talking to and told me to attend court anyway!

 

 

So basically, once i attend court, and they dont set the judgement aside (which they wont, beause no one is going to turn up from the company), what do i do once i have the CCJ in the name of the liquidated company?

 

Thanks

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Did you contact the Sheriffs for advice?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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  • 4 months later...

Sorry for the delay, i tried contacting the "sherrifs office" a couple of times and they said someone would contact me back and never has.

I guess there is no where i can go with this now? :( ?

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If the claim was against the company and not the company owner, then I don't see where else this can go as the company no longer exists. You would have put your monetary claim into the liquidator, but I think you will find that the assets were probably bought on the same day of liquidation and this other company started so denying you any recompense.

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This matter really will depend on whether the company is still active and trading and whether they have assets. Car dealers are notorious for changing company names (and trading names) and buying their cars through various other means so as to prevent enforcement against them. Remember as traders the cars will not be registered to them.

 

First things first is to ensure you have sued the correct entity and not just a trading name. So many people issue against a 'non-entity'.

 

If it is a Ltd company you should check here to see if they are still Active: Companies House Webcheck

 

If it is an individual sole trader then make sure you have their name in the proceedings e.g. Joe Bloggs trading as Bloggs Autos

 

Without giving the exact name away can you advise who you have sued (as per above)??

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