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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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MCOL default judgement against travel agent - what next?


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Hi all,

Hope someone can assist me as I feel a bit out of my depth.

 

Sorry for a long post in advance, it's probably best to set the scene as full as possible.

We purchased 2 flights to Canada and returning to the UK from San Diego, the flights were with American Airlines (operated by BA) but importantly, booked through a travel agent budgetAir.co.uk on 9th January 2020.

 

BudgetAir’s first failure was to inform us that part of the flight was cancelled but after we discovered this from the airline and drew it to their attention, there were no suitable alternatives available so they agreed to refund the cost on 20th August.

 

EU law says they have to refund me within 7 days of a cancellation but obviously with the pandemic and they having to get the money back from the airline it’s reasonable to wait longer. The problem here is they keep telling me to be patient but American Airlines keep telling me that nobody has asked for a refund yet. Just for clarification I keep asking American Airlines as other people in a group I belong to have been waiting since February/March with no refunds.

 

On 26th September I sent BudgetAir a “notice before action” giving them 7 days to either refund me or for us to agree a mutually agreeable future date for a refund.

On 5th October I started a MCOL which was issued the following day on 6th October.

On 26th October I requested a default judgement which was issued today 18th October.

 

Two things concern me:

1, BudgetAir are a part of Travix International B.V in Amsterdam, BudgetAir are not listed as a Limited company in the UK, BudgetAir.co.uk is a trading name of Travix International B.V they use in the United Kingdom. This is the only UK address they provide anywhere on their documentation, this also explains a little more of the company structure:

https://www.budgetair.co.uk/about

I’m concerned I have used the right company name on the MCOL but it’s the only name they trade with I the UK.

 

2, My second concern is the address, I believe the London address may be no more than a postal address and will not give high court bailiffs any ability to recover goods.

With the above thoughts, I don’t know how to proceed now I have got a judgement, assuming they don’t pay. My only option could be a 'third-party debt order' but I don’t know how to get any bank details, I paid my credit card and have no information (nor can I find online) about their banks.

 

Any thoughts would be gratefully received, Many thanks Anthony.

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11 minutes ago, FruitSalad1010 said:

Have you called the credit card company and tried to initiate a charge back?

 

I have a section 75 I started on the same day as the MCOL.

You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.

 

I really take another case taking 7 months to conclude, it's soul destroying.

Edited by kudos1uk
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Read up on European Enforcement Orders and whether these can still be used in Brexit transition.

 

As you have come to realise buying online with a co.uk company can be risky, if they are foreign, with only a care of registered address in the UK.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I will research this now, what is the chance of using a 'third-party debt order' when I don't know their bank details, is there a way to get these details, they only appear to deal in credit/debit cards?

 

I have certainly learnt a lesson during this period, I will never use a travel agent again for anything except package holidays.

 

Uncle,

Thank you, It looks like the EEO will be my best option if I can't use a third-party debt order.

The EEO is still OK until Brexit is finalised (after that is unknown) but as long as I start it before year end I believe I am fine as anything started can conclude.

 

This brings me back to my previous question though, my judgment is against budgetair.co.uk but their parent company in Amsterdam is Travix International B.V

 

I believe the cost is only the cost of a writ at £66 but would the EEO be issued against Budgetair.co.uk and therefore not enforceable against Travix International B.V? 

Or will I get the option to update the defendant as: "Travix International B.V (trading in the UK as BudgetAir.co.uk)"

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thank you for that, this is an area I have been really worried about and appears a minefield with the names a company uses. I have a legal advice line I called who said I probably should not worry and if I named who I purchased from and the name that appears on all correspondence I should be OK and one to use regardless of other names they use.

 

I have discovered the office might be more than a PO box and a friend is scouting it out for me:

Fourth Floor, 8 Brewhouse Yard, London, EC1V 4DG

 

download.jpg.758ec7f5f497e5b3dc43772c55a79131.jpg

 

I looked on the business's listed in the building and they have Travix Travel Uk Ltd

That name however does not appear anywhere on my documentation, I know their parent company is Travix International B.V in Amsterdam.

 

Now, I have searched Travix Travel Uk Ltd and a company search shows the same CEO: MANGELAARS, Johannes Jacobus

https://find-and-update.company-information.service.gov.uk/company/07349865

 

It's looking much more likely I can enforce a high court writ at these offices and I should know more after my friend scouts it out.


The name is still a worry of me, I don't want the bailiffs sent packing as they have "budgetair" on their paperwork but equally I'm being told to use the name of the company on my paperwork.

 

Budgetair give this:

Our postal address is:
BudgetAir.co.uk
4th Floor, 8 Brewhouse Yard,
156-176 St John Street,

London EC1V 4DG

 

But I belive the address at the bulding is:

Travix Travel Uk Ltd

Fourth Floor,

8 Brewhouse Yard,

London,

EC1V 4DG

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