BOX Online Store - Goods didn't arrive - launched a court claim but BOX are now in administration before my hearing - help!

[jk2054]

Good Evening,

 

I bought goods in July 2023 from an online store.

They didn't arrive I asked my bank to do a chargeback.

However because it was goods missing from a bulk delivery they lost the chargeback.

In november 2023 I sued box in the small claims court and they defended.

Mediation wasn't successful because I wasn't available.

I now noticed they've gone into administration on jan 19 2024.

Where do I stand.

Advise please.

 

company: https://www.box.co.uk/

 

[fkofilee]

 

Whats the value of the claim?

[jk2054]

just shy of 3k

[fkofilee]

You can proceed with the claim in court but the administrators may contest it. Unsure. If successful you go into Creditors Pool / Hierarchy 

 

Who gets paid first when a company goes into liquidation?

WWW.BEGBIES-TRAYNORGROUP.COM

---

A preferential or preferred creditor reserves the right to first payment during an insolvent liquidation, as laid down by the Insolvency Act.

 

In most cases, you would get pennies back on the pound oustanding or even there might not be anything left after the Administrators do their bit. 

My advice. Write it off... Chock it up to a loss 

 

[stu007]

Hi

I have to agree with @fkofilee if you go via their Administrators as Box are in Administration you will be last in the queue to get anything and that's if you get anything at all.

I see no harm in going back to your bank and trying the chargeback again with the Administration information as Box obviously knew they were going into Administration that's why they didn't bother to chase or look into your missing goods.

 

[dx100uk]

thread title updated.

it might be an idea to continue with the claim? bearing in mind its +£3k?

check trustonline or companies house or the FCA register to see if any other judgements exist against them.

it may just be that a default court judgement will be paid as a priory debt by the administrators?

if not dont forget to cancel the hearing and save the hearing fee cost.

did they admit or not if they actually sent the goods in their defence?

dx

 

[AndyOrch]

Hearing fees are no longer refundable

https://www.legislation.gov.uk/uksi/2016/1191/pdfs/uksi_20161191_en.pdf

APRIL 20, 2017

From 6th March 2017, the Civil Proceedings Fees (Amendment) Order 2016 came into force, prior to the implementation of these amendments hearing fees were refundable on a sliding scale depending on the date of the notification to the Court where a case settled pre-trial, i.e.

100% where notification is given more than 28 days before a hearing,
75% if the court was notified between 15 and 28 days before the hearing, and,
50% if the court was notified between 15 and 28 days before the hearing.

The new rules have changed this position and as such the hearing fee is no longer refundable if a matter settles pre-trial, although the hearing fee is now payable closer to the trial itself, which will reduce the impact of this change.

This new rule does not apply to cases where the court gave notice of a trial date or the start of the trial period before 6 March 2017.

[jk2054]

they filed a defence saying it was delivered, but without proof