got default judgement against apple re:macbook 2mts old that failed - sent in HCEO's - Apple sols SCS now saying wrong claimant?

[Mars1900]

Hi. I need some advice please.

My Apple MacBook graphics on the screen went faulty during COVID lockdown. My MacBook was only 2 months old.

Couldn’t take it to Liverpool store where I purchased it as it was shut due to COVID. Only shop open was in Manchester but couldn’t go there due to travel restriction zones. 

I contacted Apple by telephone and they sent me a prepaid box to send it for repair in the Czech Republic.

Long story short I they contacted me to pay for repair as they said screen was cracked and nit covered by warranty.

I stupidly paid the fee as I thought I couldn’t prove otherwise even though I had photos of my MacBook before I sent it to them and there was most definitely no crack.

I contacted the complaints department and got put through to Ireland.

It was awful and after 4 months they were still looking into it. In the end I went to a small claims court and gave the head office address that Apple gave me over the telephone and on Live Chat.

Apple never responded to the claim so I got a CCJ against them and then High Court Enforcement Officers who went to the address.

Basically the address was a shop of theirs in London.

They paid the fee to prevent the removal of any goods.

Now Apple have got their solicitors involved asking for the fee back saying that we have sued a non-entity and that ‘Apple’ does not exist.

They are saying the attendance was at Apple Retail UK.

They are saying that they appreciate that Apple and Apple UK Ltd are one and the same, but for the purposes of enforcement and of a court judgement that is not the case.

I am really not sure where to go from here as that was the Head Office address they gave and they never defended the claim or got back to say any of this previously.

[BankFodder]

Please notice that I've had to restructure your post in order to introduce spacing and to make it accessible – especially for people using small screens.

So I understand that you have sued Apple, they didn't respond and so you got a default judgement.
The judgement has been enforced and you have your money. Are you out of pocket at all?

You are now getting complaints from the solicitors who are bleating on that apparently you sued the wrong people or the wrong address – I'm not too clear which.

Who are the solicitors – and how much money are we talking about here?

[dx100uk]

If you have your money then ignore them.

Let them raise an n244 for £275 fee and poss lose that too.

 

await until unless you get notification from a court with a stamped court n244 that a set aside IS actually happening.

 

Stuff 'em!!

[Mars1900]

Hi. No, I’ve not had the money yet.

 

The Enforcement Officers collected the money and Apple have got In touch within 2 weeks so the Enforcement Officers still have the money and will return it to Apple in 7 days because they are advising they cannot get involved with a legal dispute. Therefore, I don’t know what to do.

 

They are saying ‘Apple’ are not a legal entity and that the address is a shop.  I am suing the wrong branch of Apple. However, that was the address they gave us as their head office.

Edited December 3, 2021 by dx100uk
added A few blank lines only..dx

[dx100uk]

Aw bummer!!

 

 

[BankFodder]

I notice that you haven't told us who the solicitors are and you haven't told us how much money we are dealing with here. Is there a reason for this?

[Mars1900]

The solicitors SCS Law and the amount I am was claiming was approx £700 but when the Enforcement Officers got involved it’s about £2,300. 

[BankFodder]

Thank you. So it was over £600 and you transferred up to the High Court and got the sheriffs involved.

Overall you've done very well and congratulations on actually bothering to go ahead and taking a court action anyway. Most people wouldn't.

Have you discussed it with the sheriffs?

You say that you had the address confirmed in a chat. Can you post the chat up here please.

Who actually supplied you with the laptop? What does it say on the receipt?

You said that the solicitors paid the fee – you are referring simply to the enforcement fee – not the value of your laptop.

You haven't been quite specific about the money involved but I understand that the enforcement fee is about £1600 – is this correct?

 

 

We've had lots of experience of SCS law here – but they usually work for the parking bounty hunters

[Mars1900]

Yes I pursued it further because I was fuming at having to pay when it was still under warranty and I never caused any damage. On my bank statement I paid £700 to Apple.com/UK.
 

It is Apple Retail UK who have paid the full fee to the bailiffs (my £700 and the bailiff fees of about £1,700). 
 

I’ve tried to send the image showing the address I was provided as the Head Office but it won’t upload...saying it needs to be a pdf etc. 
 

Apple are now saying they will sue the bailiffs and myself if the money is not returned but I’m not sure what to do.

I phoned Apple today to ask what their proper Head Office address is in the UK and nobody seems to know.

 

The man I spoke to said we don’t have that info but gave me a mailing address (that was different to the Address I’ve previously been given). He said I’d have to speak to a lawyer if I needed any further details as they’d know what to do. It’s like they don’t have an address at all that deals with complaints. 

 

Forgot to say I’m going to call the bailiffs on Monday. I tried calling them earlier but there was no phone connection so I’m assuming they had an issue with their phone lines. It all seems to be in Apples favour here. 

[dx100uk]

NewRegister

REGISTER.FCA.ORG.UK

there is no apple uk on the fca register but apple retail uk

 

however on company house it says:

 

 

APPLE (UK) LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

APPLE (UK) LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return...

 

 

[Mars1900]

The address the man gave me on the phone today is - Apple Distribution International Ltd, c/o Legal Dept. 2 Furzeground Way, Shockley Park, Uxbridge, Middlesex, UB11 1BB. 
 

So the head office address I was previously given before lodging case seems to be a normal Apple Store. 
 

But why have they not defended the case until now. They must have received the correspondence and as it was still Apple and why did they not pass it to the correct department? Plus they got in touch with the court after the CCJ deadline asking for an extension and the documents to be sent to them again...so they clearly got the letters initially and couldn’t be bothered responding. 
 

They have given me the runaround from the start. Their staff don’t seem to have a clue and fob you off with any address. I’m not sure if this is done on purpose to make it almost impossible to sue them. 
 

 

 

[dx100uk]

which does not appear on companies house listings nor the FCA register.

 

however under people it throws up this:

 

HEINEN, Nancy Regina

Correspondence address

2 Furzeground Way, Stockley Park, Uxbridge, Middlesex, UB11 1BB

Role RESIGNED

Secretary

Appointed on

12 January 2001

Resigned on

1 May 2006

 

but guess what that under apple (uk) ltd listing at Co House.

 

me thinks you ARE being given the run around.

 

if you read upload 

it tells you how to put an image upto PDF 

 

can we have the exact address from your claimform please

 

dx

 

 

 

[BankFodder]

Yes please post up your claim form in PDF format.

Also, you have an answer the question about where you bought it.

You also have an answer the question about the receipt.

It's a bit difficult for us to have to ask questions and then ask them again

[Mars1900]

Hi.

I purchased the MacBook on the Apple website and collected it in the Liverpool Apple Store (invoice attached).

 

I’ve also included a a screenshot of the Live Chat I had where they confirm that 1 Hanover Street is the Head Office & this is the address I put on my Claim Form.

 

original Invoice.pdf chat with apple.pdf

[dx100uk]

then you filed to the wrong address sadly yes.

 

 

[Mars1900]

So it shouldn’t have been sent to the Head Office address they gave? This is where a I am really confused as what address should it have been? When I initially spoke to Apple on the phone they also gave me the head office address as 1 Hanover Street when I asked who I put a claim in to. So their staff have fobbed me off. 
 

As you can probably tell I’m not legally savvy and there seem to be obstacles in the way of suing Apple but I would have thought that whatever address it went to as part of Apple they would have at least needed to advise this to the court?

 

This is the correspondence I’ve received from the bailiffs. 
 

so if I have to go through all of this again I still have no idea where I send the claim form as Apple never give a proper answer. 

 

correspondence from the bailiffs re enforcement.pdf

[dx100uk]

what name did you put as the defendant?

can you scan the claimform please

 

simply omit your details and the claim number

[Mars1900]

Here is the original claim form. 
 

I think they are trying to get out of it on a technicality but this is the address they provided me. I think they have done this on purpose. 
 

If I have no choice but to start the claim again I have no idea who to sue as it seems Apple have a get out clause by having different branches. 
 

I would have thought that no matter what branch they are if they are the same company they would have an obligation to deal with the matter in hand or forward it to the correct department. The fact they contacted the court after the cut off date to ask for the documents again means that they did receive them but probably couldn’t be bothered replying. 

 

online claimform.pdf

[dx100uk]

for our ease i've named the PDF's properly.

your issue is you sued 'apple', apple as a company or a legal entity does not exist.

i don't think the address is a material fact now. that webchat is correct, you used the correct address

Had you used the name on your invoice , Apple uk retail ltd, the claim would have been ok.

not sure where you go now. but the bailiffs are correct too as are Apples' solicitors.

[Mars1900]

Apple can get out of it by this technicality seems ridiculous to me.

They call themselves Apple not Apple Retail. Unless you’re clued up on these things how can the average person know that it's Apple Retail UK.

If I got a letter from the court and never responded based on them spelling my name as Jo Blogg instead of Jo Bloggs I can bet your boots I would still be pulled in over it. 

You've been very helpful I’m just annoyed over greedy Apple...oops I meant Apple Retail UK

[dx100uk]

ok not to put too finer point on the 'silly' mistake ( as in terms of you are a 'litigant in person' - joe public against the 'system') you made on your claim, there are guides on the same website about raising a claim and how to do it properly, but IMHO there should also be LiP leeway regarding this.

did you seek or read any help, as getting the correct entity to sue is quite important, the example you relate too would not be an issue, but suing a corporate entity is, they have lots of money and clever legal eagles.

i have no doubt that, by whatever way, should you rectify this error , you would be successful mind.

on another issue, have you written to apple uk retail offering to mutually settle this if they pay the price of the device or replace it and call it quits?

i will guess this is all you really wanted at the start and now at the end of the day.?

would you seriously lose out money wise if this were agreed?

[Mars1900]

I'll be honest no I never got legal advice or went to the citizens advice. I’m a student so was worried at having to pay legal fees.  I spoke to my brother who is quite clued up but seems this one seems he seems to have missed. 

 

I'm going to write a letter as you suggest and fingers crossed that gets this sorted. 

[Ethel Street]

Only part of the chat is in your upload and it doesn't show what you asked them.

 

Did you specify why you wanted the Apple Head Office address, eg that you wanted it to make a claim against Apple?

 

If you are able to negotiate a settlement without re-startinmg the legal action I'd think seriously about doing that. I'm sure that now the lawyers are on the case they won't let you win a default judgement again and will put in a defence. I don't think we know enough about the claim yet to say what Apple's chances are of successfully defending your claim.

 

 

[Mars1900]

I went through Apples full complaints process which was dealing with staff in Ireland.

We were told Ireland was were complaints were held.

Letters we're sent, telephone calls were made and this went on from April until August.

At one point I was even told I would receive a full refund - only for them to then backtrack and say their Accounts department were refusing.

I have this phone call recorded but I am not sure if this could be used as evidence?

The chat I specifically asked the agent is 1 Hanover Street your Head office and he replied that yes it was. 

I am prepared to go to court as I think I have a good case.

The way the box arrived back to me was disgraceful.

I have pictures of the MacBook before it was sent.

They are trying to say the screen was cracked - I categorically deny this.

Could it have been damaged in transit in the prepaid box they gave me - possibly judging by the state of the box it was returned in. 

[dx100uk]

the address is not your issue.

 

the fact you simply put Apple as the claimant's name is.

 

dx