Small Claims Court help - Refund requested - Judgement phase

hafe4k

Back in the beginning of April I ordered a steam shower from a site (which I saw an advert on eBay) called www.babylonhomespa.com. Their main guy is called Steve Dennison.

When I ordered I was told the shower will be delivered within 5 weeks, I waited almost 8 weeks, for the shower to be delivered. I rang them several times asking them what was the current update, and was always told someone else will ring me back. As I was not getting any response, I told them I simply wanted my money back (£750). I wrote & emailed them to refund me within 14 days or else I will take it further. I got no response to this letter, and then 3 days from the deadline wrote and emailed them again, but same no response.

On 8/6/09 I issued a small claims court online on the HMCS website, no response so a default judgement was issued 2/7/09. Now I know they still not going to get back, so what is the best stage now? The thing is the court has said that I must be certain that I have provided the correct address for the defendant before proceeding with the warrant . The only address I know is the one on my invoice and on their site. But I know that the stock is held somewhere in Bury, Lancashire.

How can I find out if the address initially provided to the courts is legit or not? Sorry I have written a lot, but I really need to get this sorted. And from past forum experience regarding an employment matter for my sister I was given a lot of help, so hopefully will get it again.

Thanks everyone for your kind help.

4743hudsonj

companies house lists the company as being registered here

Name & Registered Office:
ALBANY DISTRIBUTION LIMITED
2ND FLOOR
145-157 ST JOHN STREET
LONDON
UNITED KINGDOM
EC1V 4PY
Company No. 06697263

thats should be more than sufficient

EDIT: just checked and this is indeed the same as the website so you should have no problems

hafe4k

Thanks alot ... Should I issue the warrant now?

4743hudsonj

hafe4k wrote: »

Thanks alot ... Should I issue the warrant now?

cant see any reason not to, you have given them plenty of notice

i assume your letter were recorded delivery and you still have the proof of postage?

hafe4k

I sent it first class with a stamp from home ... Should I have sent both previous letters recorded delivery? Where does that put me?

4743hudsonj

hafe4k wrote: »

I sent it first class with a stamp from home ... Should I have sent both previous letters recorded delivery? Where does that put me?

yes you should have

the company will most probably know it wasnt recorded as they would not have had to sign for the letters

therefore, i wouldnt be at all suprised if they claimed none of the letters were recieved

you would have no other proof to show you did send them

you need to send another warning letter

perhaps allowing them 10 days

maybe 7

do make mention to your other letters and say this is a final warning before you enter default judgement with them

then re submit the claim form again recorded

this way you will avoid court fees if you lose.

hafe4k

Would you know how I can word it?

hollydays

Personally ,I would contact the court and explain you didn't send the letters recorded delivery and ask their advice,because if he thinks you haven't followed his instructions up to this point,there could be ramifications.

or get legal advice here

http://www.communitylegaladvice.org.uk/gateway/consumer.jsp

muffintop

You don't have to send letters recorded delivery for them to be validly served. Judgments would be sent out by the Court anyway, and they would be sent 1st class post. 1st class post consitutes valid service. The question for the Court would be whether it was more likely than not that the Defendant received the claim form, etc if the Defendant decided to protest.

The Defendant hasn't protested the default judgment so I say, "Send in the bailiffs"

hafe4k

Thanks for the advice, that is what the lady from HMCS and CAB said ... so iv issued the warrant 'Your warrant has been submitted to the court for final validation before being issued' ....

How long is the process? Is it likely I will get my money back?

hafe4k

My invoice states:
ALBANY DISTRIBUTION LTD
Babylon Home Spa
145 St Johns Street
London
EC1V 4PY

I have just today submitted the Warrant .... will I be able to change it, if I ring them first thing tomorrow? Who should I change & issue the warrant to?

Thanks for your help.