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    • Hi.   Have you sent an SAR to the Revenue?   HB
    • Okay thanks. You can either bring a contract action against Parcel2Go or against Hermes. Additionally you could bring a negligence action against Hermes because clearly the telephone was in their care and they at the very least acted negligently – and I suppose it would be possible to say that somebody in their employ may have acted dishonestly. If you sue Hermes in contract they will try to say that your contract is with Parcel2Go – and that would be correct. However you would then rely upon the Contracts (Rights of Third Parties) Act which confers upon you as a beneficiary of the contract all the rights of a contracting party. You would not enjoy these rights if you are specifically excluded by the contract between Parcel2Go and Hermes – but we have no evidence that this has ever happened so far. Even if you were excluded as a beneficiary of the contract, you would still be entitled to bring an action in negligence. It might be more straightforward to go for Parcel2Go – but in this instance there seems to be some clear evidence of dishonesty. I'm assuming that you can gather written evidence of this activation – the fact that the warranty has been started and that this is a clear indication that the phone has been activated by someone. Because of that embarrassment factor – that element of dishonesty somewhere in the Hermes chain – I would be tempted to sue Hermes directly, relying on the Third Parties Act and bringing evidence of the deliberate tampering with the parcel before the judge if it went that far. Generally speaking Hermes will put up their hands when threatened with court action for a small sum. I think for some of £500 they would probably normally force you to a hearing – but I think that in this case as you seem to have good evidence that there has been some deliberate intervention by somebody working for Hermes, I think that it is very likely that eventually Hermes would back down – and they would do well to do so and start cleaning up their own backyard. I don't know if there are any distinction features about your telephone – but I suggest that you start keeping an eye on eBay. So you decide. You can bring a contract action against Parcel2Go – who will also say that you didn't have an insurance. Or you can bring an action against Hermes who will say that you had no contract with them and you had no insurance. In respect of the no insurance your position would be that if they want insurance against negligence or contractual breaches or against the misdeeds of dishonest employees then they should insure themselves. You have paid the delivery fee and you expect them to carry out the delivery. This argument would apply whether you are suing Parcel2Go or suing Hermes. I suggest that you send an initial letter of complaint. Give them 7 to 10 days. I have no doubt that they will knock you back – then you issue the letter of claim. If you never done this before then you should spend a little bit of time looking through this forum at the steps involved in bringing a small claim in the County Court. It's not difficult but you should be aware of the steps so that you have confidence in what you are doing. When you send the letter of claim – you will given 14 days before bringing a legal action. If you don't really intend to do that then don't send the letter. Don't bluff. You send the letter of claim and on day 15 you issue the good news. In the intervening 14 days, register with moneyclaim and start preparing your claim. You can save your work as you go. Let us see the draft claim before you click it off. Your risk factors include – loss of claim fee, loss of hearing fee if they push you to a hearing, time and money spent travelling – probably to your local court. All of these risk factors are relevant in the event that you lose. If you win then you will get all your money back plus the value of the phone and you will also claim 8% interest on the value of the phone – which is a pretty good rate nowadays. Your chances of success, in my view, are better than 85%. I see that a suggestion has just been made by 🇮🇲 in Exile 😄  that you should try and get a crime reference number. Good idea.  
    • If you think you have clear evidence of theft, I assume you have reported this crime to the police?  (I don't expect the police to be at all interested in this, but you ought to be able to get some sort of crime reference number which may be of assistance later).  If I were the carrier I'd be asking you this question, and if you haven't reported it, I'd want to know why you haven't.  (I'm not sure "Well I know the police won't do anything" would be a satisfactory answer.)   I tend to agree with BankFodder that you, the customer, shouldn't have to pay for insurance to cover the carrier performing the contract as agreed - that should be their problem.  Difficulty is you may have to go to court to get your money back - and the court may not agree.   I see you've just posted while I'm typing.  So you have reliable proof that the 'phone was activated while supposedly in transit?  And you could get something in writing (maybe even a witness statement if necessary) from your purchaser that the package had been tampered with?  Then I'd go back to the carrier(s) with this evidence (plus a crime reference number form the police) and say you want the value of the 'phone back.  (Did you declare it's value at any point, and do you have proof of what you paid for it?)   If they don't play ball, then for £500+ I'd be considering suing them.  I'm not saying you'd win, but what's to lose?   (just a couple of thoughts.  Do you have proof of what you sent?  Did you either video it or do you have a receipt or anything saying what the parcel you consigned weighed?  eg if it weighed, say, 750g when you sent it but was empty on receipt, that indicates it was "missing" on arrival.)
    • Looking for some advice regarding dealing with the Debt Collection Department at Trafford dealing with an 'over payment' from 2005/2006/2009/2010 totaling over £8000.00.    Was in discussion with HMRC back in Early 2017.  Their last letter being April when they listed the years they were claiming for and stating the reason it was an over payment was because we hadn't signed and returned some declaration in 2005 + 2006 + 2009 + 2010.  My last letter to them stating it really wasn't an over payment they were just claiming back every penny we have ever been issued because of 4 unsigned forms went unanswered by them.  Nothing else from them until last month came the letter from the debt collection department.   I immediately issued a letter stating I didn't agree with the amount being claimed. I didn't think it was an over payment.  We were entitled to the money that they had 'awarded' us and to contact the previous person I had been dealing with three years ago.  I requested they obtain copies of all correspondence from 2017 and send me a copy.   On 02/04/2020 I received a telephone call from Trafford to say thank you for the letter, they couldn't obtain the documentation I had asked for, I had to do that myself and then could send to them and due to the virus they were suspending collection of this amount.  The person on the phone couldn't advise me how long it would be suspended for.  I asked him to put it in writing advising me they couldn't get the docs I have requested and that it was temporarily suspended. On 03/04/2020 I received a letter to advise they were applying to my employer to instruct them to adhere to the attachment of earnings order and deduct a percentage of my wage and send to them.  It had a copy of the letter inside addressed to my employers. On 06/04/2020 I received a letter thanking me for my letter of the 17th March.  They attached a sheet detailing the over payments that they were claiming.  Confirmed they could not request the previous correspondence and I should request this direct from HMRC.  In the event of a dispute I had to contact HMRC.  They wouldn't suspend collection until advised by HMRC but under the circumstances they arr temporarily suspending recovery action.  They will write to me soon about paying it back.   2005 £821.53     2006 £1635.14     2009 £390.76     2010 £1298.62   My husband has received an identical letter with the same figures on.   I am unsure what to do now.  I don't  want to sit on it until they start up the recovery again.   Do I now contact HMRC and continue to argue this out with them? Can they legally take money from my wages even though I am disputing this? Does me not signing a form constitute them being able to recover everything I have been paid?   My youngest child left school in 2016 and I never claimed for 2007 + 2008  + 2011 + 2012 + 2013 + 2014 + 2015.   Can anyone advise me of where I go from here? Thanks in advance of any help anyone can give me  
    • OK will try to be succinct. Old prop mgmt agent acting behalf of RTM company messed about last year with bills and could not all 4 leaseholders to agree on their charges. I paid first half of year and was awaiting news re remaining bill. At end of year had letter stating they were stepping down.   January 2020 new agent in charge. Bill for whole year sent, plus arrears. Service charges are due twice yearly, not in one lump, as per the lease. They billed for whole year. I queried it. In the meantime I had some emails requesting payment. In January I decided just to pay the arrears in one payment ( plus an extra £100 on top as part payment for new charges, ) and set up a monthly standing order to pay the rest. The payment was set to start in Feb, but for some reason the bank didnt pay it until march, so I rectified it in March by paying that one one plus one extra. I informed them of this. Payments have been accepted and they have sent a revised statement this week showing such- after I sent them proof I had paid 3 times already.   Come June, I would be fully up to date with all previous bills, they should then send the June- December service charge bill. They keep insisting on payment asap.   In March whilst payments were going on and after the lump sum + 2 payments had been met, they say they sent a letter requesting a payment plan even though one was already in place. I did not get that letter. In March they sent it to the sols for debt collection- I got a letter from the sols + their own £250 charges stitched on. I have not replied to them yet. I have replied to the agent stating I won't be paying via the sols and that payments are still set to continue.   Ultimately, even with the new service charge coming in June, by August the bill I will be paid anyway. I feel their demands are totally unreasonable, given noone can work at present anyway. I have a letter prepared for the sols in reply but i'll wait as long as possible before sending as I have 30 days to reply and by then all arrears will all be paid, plus part of the upcoming bill. The lease is very old and there is no mention of debt collection charges at all. It states the lease service charge is paid in advance at end of June and end of Dec every year.
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Snufflegrunt

Cash4Phones - got CCJ against them..should i use bailiffs to enforce it...

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Strange, my system has no mention of a name change at present.

 

I do note that C4P HOLDINGS LIMITED (Company Number 07474171) is being dissolved and appears to be linked.

 

Their address is:

 

Unit 15 Gateway Mews

Ringway

London

N11 2UT

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They have changed legal address and directors again.

 

@admin, can i post director, name, dob and registred address?I have posession of them. Also name of main shareholder (owner).

 

Full new company details:

 

Yemonia Limited

Reg number: 06300042

 

Suite 21, 5 Spring Street

Paddington, London

W2 3AQ

 

Directors have changed 16 times since march 2010 and they have changed there trading address 4 times, and 2 name changes (previously Smokin Cruises Limited, c4p Trading Limited).

 

Old addresses:

 

till 09/03/2013: 2nd Floor, 43 Broomfield Road, Chelmsford

till 11/01/2011: 4 Broadgate, London, EC2M 2QS

till 21/10/2011: 30 Crown Place, London, EC2A

till 06/12/2013: Unit 15, Gateway Mews, London, N11 2UT

current: Suite 21, 5 Spring Street, Paddington, London, W2 3AQ

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I have filed a court claim against the company cash4phones on 11.12.13, should it of been made against the company rather than the trading name?

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You need it against the CEo really. THe company simply ceases trading, the guy runs off and creates another company.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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i have already filed against cash4phones though, think it should of been the company name yemonia limited, hopefully this will be enough for action. Not sure if i should simply fill in another claim form?

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

I wonder if that is why the directors change from one day to the next?


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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

You need to be very careful about who you claim against and make sure it is the right entity. You can't just claim against the Director/CEO as he wasn't liable.

 

You could end up with costs against you for an invalid claim, even if it is in the small claims track.

 

If you have issued against a trading name then the case could well be struck out and is likely to be unenforceable.

 

People really should do their homework before embarking on legal claims. And renegadeimp should know better!

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You cant file it against yemonia. You were dealing with the previous company. Thats why people are trying to get the directors personal info so they can serve documents on him instead.

 

There is no previous company. It is just a name change. It is the same company.


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You need to be very careful about who you claim against and make sure it is the right entity. You can't just claim against the Director/CEO as he wasn't liable.

 

You could end up with costs against you for an invalid claim, even if it is in the small claims track.

 

If you have issued against a trading name then the case could well be struck out and is likely to be unenforceable.

 

People really should do their homework before embarking on legal claims. And renegadeimp should know better!

 

I disagree with this. There is sufficient evidence of wrongdoing - to pierce the corporate veil.

 

People should think about issuing a claim against Yemonia, the trading name and against the directors personally.

 

However the only address for the directors seems to be outside the jurisdiction.

 

However I expect that a court would be quite happy to consider that the papers are well served against the directors at their registered address.


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I disagree with this. There is sufficient evidence of wrongdoing - to pierce the corporate veil.

 

People should think about issuing a claim against Yemonia, the trading name and against the directors personally.

 

However the only address for the directors seems to be outside the jurisdiction.

 

However I expect that a court would be quite happy to consider that the papers are well served against the directors at their registered address.

 

As it is the same company number (name change only) I agree with that point and the addition of the company name can often be done by way of an N244 application to the issuing court. It may be prudent to include the company number in brackets - Yemonia Ltd (Co. No 123456) t/a cash4phones.

 

However there is no right to add the Directors name personally. The company is 'Limited Liability' for hat very reason. Issuing against the Directors too is an abuse of process. You could never enforce against them.

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Could not the enforcement measure to call the director to court to explain his financial circumstances be used in some way ?. I went down this route with my landlord so as to cause him max embrassment but in the end he paid up before.

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Technically yes, but you do not need to name the Director on the claim to do this.

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In fact I am probably using the wrong term - piercing the corporate veil - but anyway, I would name the director personally on the claim as a second defendant.

 

It is up to him if he wants to defend. If he does, then he can come to court - which will beinteresting. If he doesn't then you can start to stack up judgments against him as well - because so far, he is squeaky clean


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Bankfodder, I trust you will then help the Director when they complain on here that an Enforcement Officer is pursuing them personally?

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If the directors want to break cover then I am sure that we can arrange a welcome for them.


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The same thing thing has happened to me sent my HTC one x off in early November it passed all of its tests and I was told I would be paid within 5 days 3 weeks later it was still saying payment pending now I find that the company has changed it's name and can't be reached. I've found out the company directors name and I use that term loosely I prefer [edited]****** and if you Google it it not only comes up with his [edited] face on facebook but it also facts about his business dealings so here it is Nearchos chacholiades you are an [edited] happy hunting folks hope it helps !

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Hi henrycat.

Apologies for 'modifying' your post. We have to be careful what appears online.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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