Rainwater Tank 1100 Litre £1498.00now£50.00@B&Q smaller one also avail for same price

muppet_66

received a letter from BP

we are instructed to act for B&Q PLC in the above claim and enclose form N$£$ Notice of change of solicitor by way of service on you.

our client never received any paperwork related to your claim, except for judgement in default, and currently their poistion is that they have not been correctly served with procedings.

we are investigating this matter with the court and request that you suspend any pending enforcement action against our client. Should you proceed with any such action we will bring this letter to the courts attention if we need to make any application to stay enforcement.


my actions so far:

1, sent initial letter to b&q - got same standard response that others got.
2, lodged claim with moneyclaim, got response that b&q had been served
3, heard nothing for some 36 days........
4, requested judgement by default
5, then get first response as above

any suggestions to next step, should i contact court or BP?

Lynsey

muppet_66 wrote: »

any suggestions to next step, should i contact court or BP?

Contact the court, they should have sent details of your claim.
What does the status say on your MCOL account??

Lynsey

muppet_66

claim issued, judgement issued

sanfly

muppet_66 wrote: »

our client never received any paperwork related to your claim, except for judgement in default, and currently their poistion is that they have not been correctly served with procedings.

we are investigating this matter with the court and request that you suspend any pending enforcement action against our client. Should you proceed with any such action we will bring this letter to the courts attention if we need to make any application to stay enforcement.

any suggestions to next step, should i contact court or BP?

This page maybe of help

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

If the paperwork was served to the correct address im sure they cannot use the defence we did not recieve it, (read web page above),agree with Lynsey ring the court, found them helpful when i have spoken to them..good luck

They can also apply to ’set aside Judgment.’ The Courts are not very lenient to set aside judgment, unless the Defendant has fairly substantial reasons as to why they did not file an Acknowledgement or Defence within the stipulated time limits. For example, judgment maybe set aside if the Defendant can prove he/she did not receive the Claim Form and Particulars, as they had moved address, or the proceedings did not follow court rules and protocols. Sure neither of these would apply!!!!

Lynsey

The problem is the documents sent out are not "signed for", so really there is no proof of acceptance, which seems strange given the nature/legal status.
I'm really not sure but I would ring the court.
Good luck, hope you win by default, that would be nice.

Lynsey

Pocoyo

muppet_66 wrote: »

received a letter from BP

we are instructed to act for B&Q PLC in the above claim and enclose form N$£$ Notice of change of solicitor by way of service on you.

our client never received any paperwork related to your claim, except for judgement in default, and currently their poistion is that they have not been correctly served with procedings.

we are investigating this matter with the court and request that you suspend any pending enforcement action against our client. Should you proceed with any such action we will bring this letter to the courts attention if we need to make any application to stay enforcement.


my actions so far:

1, sent initial letter to b&q - got same standard response that others got.
2, lodged claim with moneyclaim, got response that b&q had been served
3, heard nothing for some 36 days........
4, requested judgement by default
5, then get first response as above

any suggestions to next step, should i contact court or BP?

Mmmm, that's a pain. Given the number of cases they must be defending it's not surprising. Let us know what happens.

balloonist

Did Bond Pearce send your letter out recorded delivery or signed for???? If not, they you could play the same game. This issue is between B&Q and the court. You had no influence in this. I'd continue as normal - not your problem. For me the defence was filed too late.

Lynsey

The defence was filed too late and the issue is between the court and B&Q, although B&Q have the right to get somone to defend on their behalf.
Interesting, I'll imagine BP will try and get this amended to continue.
I would just press on the same, what happens, happens.

BTW, please say this was for several tanks.

Good luck.

Lynsey

fantafan

When I received my paperwork from the court it included somebody else's details as well as mine so it's not surprising that the court make errors and probably didn't send the paperwork out. They must have soooo many to deal with.

squack

sounds like b and q need to be sending muppet a nice big cheque before the bailiffs are called in !