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    • I don't know much about this area of law but what you are saying about the continuation of a restored company makes perfect sense. I can scarcely imagine that it is any other way. How much money are we talking about here?
    • I'm having the same difficulty working out why @simeon1964 posted #32 without any explanation (again!) as to why it was posted.
    • as such there isnt one.  but that DN says 28 daya, should state a date in the format dd/mm/yyyy   and no IP address of signup PC either. lowells lose so many times on these issues 
    • Dear CAG,   Please advise on the following problem.   I have a friend who was very very ill since 2017. He had problems with his heart. After a number of heart attacks, he had a quadruple bypass in January 2021. (His bypass was to have taken place during 2020 but of course, it was delayed due to covid)   While he was waiting for the bypass operation, his company was struck off by Companies House in 2019 because he failed to send the company accounts and other documentation. He failed to send them because of his illness.   He made full recovery after his operation and he then restored his company as soon as he was able during 2021.     Prior to his illness his company was appointed as a commission sales agent for a manufacturing company (based in UK) in 2016 . During 2017, his company won a contract for this manufacturing Company for the first part of an engineering project.  His commission was paid in full by the manufacturing company after they were paid by the end user.   Even through his illness and heart attacks he was able to complete the second sale for the second part of the same engineering project. As a result, the manufacturing company won the contract for the second part during 2020. The manufacturer owes his company commission from the proceeds of this second order they received from the same end user customer.   The manufacturer refuses to pay the commission owed to his company saying that as it had been struck off, they are no longer obligated to make the payment. Any arrangement that was made prior to the company being struck off and for that reason, is null and void.   Our view is that the company being struck off is irrelevant because   a.       It is a continuation of the same project b.       The company has been restored. c.       The dissolution was merely due to an administration issue with Companies House as a consequence of his illness.   As the company has been fully restored the debt owed by the manufacturer is still valid, they are liable and they must pay.   According to the guidance notes on Companies House Website (https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration)   Guidance. Strike off, dissolution and restoration Updated 24 March 2021   11.8 Once a company has been restored by the court When a company has been restored to the register, the general effect is that a company is deemed to have continued in existence as if it had not been dissolved or struck off the register.   My friend is claiming the payment owed to his company. However, he may have to take legal action as I think the manufacturing company feels that they have the upper hand because his company has been struck off.  Even though it has been restored, the payment is no longer owed to the sales agent.     Will my friend be able to serve a writ on the manufacturer as a last resort so he could get his money?   Please advise your views and comments on this situation so I can advise him and we an consider the next steps.   Thank you Wrecked.    
    • Hi Schipoo,   In the 2nd document above from HMCTS, it starts by referring to 3 items attached, namely :-   Appeal/Application Respondant Decision Notice Supporting Documents   I assume the 2nd item is the first PDF posted above but please confirm.   If there are any other documents, can you post them up, redacted.   I'm not experienced in this appeal tribunal process but we'll do all we can to support you. However, are you prepared to follow guidance, submit documents/replies in the manner we suggest and meet any deadlines. Please confirm.   At the risk of repeating myself, any joy yet in visiting the police ? Of all the issues likely to affect your case, I think this is crucial.
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Roses v Abbey Court Date Received


the3roses
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Help!! I have received a court date for 14th August, things have not gone as I expected, I did not have to fill in an AQ, have not had to pay any addtional cost and the court have only seen my schdule of charges. I have spoken to the court and they just said thats all they need for now. I am feeling very nervous! I have sent all letters to Abbey before the court process and recieved the standard defence from them. Is there anything I can/should send them now to prompt them to settle before court. I have seen all links for court bundle but feel there must be something I can do to hassle them before this! Can anyone point me in the right direction?

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you could try emailing Inga Kirkman and letting her know that you have a court date:-

 

[email protected]

 

 

with something along these lines:-

 

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £xxxxxx.

Only once in receipt of cleared funds will I then discontinue all action against Abbey in connection with this claim.

 

I have attached a copy of the schedule of charges.

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Hi

 

Thanks for that, sorry to be a bit thick but who is Inga Kirkman? Does she work for Abbey, I don't seem to any correspondance from them with any address other than Abbeys head office.

 

Thanks again, I have looked through loads of other posts but wasn't sure what would be the best way to go.

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Hi the3roses

 

Inga is one of the Solicitors from a firm called Ashurst, who appear to have been retained by Abbey to handle these cases.

 

Hope that helps

 

Jo xx

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You have nothing to loose by mailing Inga, go for it, it has worked for loads of people.

 

(Stalkers Are Us©)

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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(Stalkers Are Us©)

 

 

Sam.....am sure I dont know what you mean :)

 

Roses, make sure you always send a hard copy too, they're a bit slippery otherwise, and always recorded delivery. Just from my own experience:rolleyes:

 

FFx

8) FoxyFiona

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excellent, did she settle for the full amount?

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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I was claiming for £2700 which included interest cost etc and they settled for £2480! I am more than happy with this so accepted, I can't get over how quick it was they got back to me within 2 hours!

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Welldone, a nice result for you..

 

If only all were treated the same, I have been battling for a decent offer for a week and had only one at 60% of the claim. I am in court for a Allocation hearing etc on Tuesday, will still be pushing until the end.

 

Dont spend it all at once.

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Thanks, I actually had a hearing date, the court I went through had dispenced with an AQ quesionnaire and just gave me a date for the hearing so don't know if that made a difference, no one was more shocked than me when the offer came through. Good Luck with your claims it does seem to be a bit hit or miss as to what they offer! I will plan how to spend the cash when I actually have the cheque in front of me!

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