They refer to the ID in their statement (Para 19)....
Para 6 is all one statement....broken into extension paragraphs
Paragraph 5 is the killer...I have never tried it in mobile contracts before..lets see what the court thinks.
Thanks very much Andy for putting your time in it's really appreciated.
I've removed the bit about ID because I couldn't find where I read it, maybe I imagined it. I do quite like the bit about CPR 3.4 (2 a/c) - practice direction.
Out of curiosity more than anything, paragraph 6 has 2 more paragraphs underneath it. Is it fine to have these like this in a witness statement, they don't need to be 7 and 8?
Now let's send this and see what happens next.. 🍿
Well you are in a position where if you issue the claim now and they fold, then you could lose your claim fee and also be left with the vehicle.
If you return the vehicle to them for repair then there is a risk that if they folded you might have difficulty getting the vehicle back – but because it is in your name, I expect you eventually would.
If you decide to issue the claim then frankly I think I would issue this evening. You have pretty well done the 14 days and in view of their letter suggesting that they might fold, I think you would be justified in acting quickly.
I suppose that is possible that they will defend – if for no other reason to cause a delay before any judgement is given. If they did defend then eventually you would receive a directions questionnaire which would ask you various questions as to the management of the case and also if you had any orders to suggest. I don't know if you would succeed but I would propose to the judge that the court orders that the defendants may only continue to defend if they pay the sum claimed into court by way of a security. You would justify this by providing a copy of the letter which showed that they were thinking of dissolving the company. If you were able to get this order then if they did not pay the money in, then you could apply for an immediate judgement and then have it enforced by the High Court enforcement officers. However this is quite a way down the line.
I would also follow the company https://beta.companieshouse.gov.uk/company/06840157 so that you would get early notice of any proposals to dissolve it and you might then be in a position to object.
Once the claim was issued, I suppose that you could contact them and discuss the possibility of further repairs. I have to say that you say that you don't believe them, but on the other hand it would be very unusual for them to admit to their customers that they were thinking of ceasing to trade. That certainly sounds to me as if they are trying to be straight dealing with things.
I think it's up to you whether or not you want to risk the claim fee – but I also think that you need to make a very quick decision on this and if you decide to go ahead, then you issue the claim this evening.
Thanks guys for your input,
Yes Andy, same court, my friends wife only checked her credit file when her friend got refused credit and checked hers.
I will have a good read of your comments Andy, and update you on how I am going to advise her to proceed.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!