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caseyjones_2

firstclassidiot wrote: »

This will depend on the claim you bring to court.

If you claim the whole of the payments made to Clode since the beginning of the contract because of their breach of contract and will return any hardware ie PC that you got----this is your full legal entitlement and Clode are jointly liable for the £50 connection charge.

If you claim for the remainder of the payments due to Clode from March 2008 when they breached your contract and are keeping the PC etc cause it was free as part of the deal then you are not due for the connection charge back as it supplied the service up to March 2008.

FC not I

I decided to get out before the contract. Didn't give Redten my MAC code (was therefore never connected) and asked them to cancel anything I'd signed up for, which they did, just without refunding me...

Does the above still apply?

firstclassidiot

caseyjones wrote: »

I decided to get out before the contract. Didn't give Redten my MAC code (was therefore never connected) and asked them to cancel anything I'd signed up for, which they did, just without refunding me...

Does the above still apply?

You are still owed then the £50 from redten not Clode.

However, it will cost initially about £44 to put in a claim to court. This would be set as a charge against redten.

I believe that they are not receiving mail at castalia address in london so could not serve the papers. The papers can be published then at your court and a default judgement will be made against them.

However you are then unlikely to be able to secure a return of your money as I am sure the company will actually cease after they default in submitting their accounts to company house.

You should make a formal complaint to the Office of fair Trading at the BERR site where they will record the various breaches of the Companies Acts that redten have done by this disappearance act and they will eventually be fined and barred from trading/holding directorships again if enough complaints of this nature are filed.

Some of the others who got default judgements against redten may be able to give you more info, as I only claimed against Clode, judging it to be not worthwhile chasing redten at the time.

FC not I

caseyjones_2

Thank you.

I'm more than happy to make a formal complaint and I'll be looking into it. Any further information other users can give would be appreciated.

dafftbint123

FC NOT I

Can you tell me did clode give intention to defend you claim in court. clode have told the court they intended to defend the claim in court. Should I be worried?

jaypee638

dafftbint123 wrote: »

FC NOT I

Can you tell me did clode give intention to defend you claim in court. clode have told the court they intended to defend the claim in court. Should I be worried?

I wouldn't be worried if it were me, you will be no worse off than you were when you filed the claim, other than the costs you have already paid to file that claim.

If they do defend the court will decide once and for all, whether there has been a breach of contract, which I think is nearly universal that there has been, and if the court finds that there has been, Clode could find the flood gates really open, and all hell breaks loose for them.

As FC not I says, just make sure the case is heard as far away from Cardiff as possible, so that even if the court does decide against logic, at least it will have cost a fortune to defend the case.

Remember Clode do love brinkmanship, but can they afford a court ruling against them?

Hang in there and good luck

:beer:

dafftbint123

jaypee638 wrote: »

I wouldn't be worried if it were me, you will be no worse off than you were when you filed the claim, other than the costs you have already paid to file that claim.

If they do defend the court will decide once and for all, whether there has been a breach of contract, which I think is nearly universal that there has been, and if the court finds that there has been, Clode could find the flood gates really open, and all hell breaks loose for them.

As FC not I says, just make sure the case is heard as far away from Cardiff as possible, so that even if the court does decide against logic, at least it will have cost a fortune to defend the case.

Remember Clode do love brinkmanship, but can they afford a court ruling against them?

Hang in there and good luck

:beer:

I hope so! I want it heard in winchester. which is about 2 hours away from cardiff...

MUM-RA

caseyjones wrote: »

Thank you.

I'm more than happy to make a formal complaint and I'll be looking into it. Any further information other users can give would be appreciated.

Following my claim to get my £50 deposit back, I have had this from the bailiffs at Bow County Court:

"To the Claimant

TAKE NOTICE that the WARRANT in this action has not been executed for the following reasons -

The bailiff visited the address which you provided (Redten, Castalia Sq) but it is only the registered office of the company and there are no saleable goods there. In the circumstances the bailiff cannot do more unless you are able to provide further information to re-issue the warrant (for example trading address or another business outlet). You may have to pay a fee for the re-issue of the warrant.

The warrant has been returned to the Court which issued it,"

So, what now?? How can these crooks get away with this stuff?? You have to issue proceedings to their registered address, but there's nothing there!! The whole wretched system is so massively weighted in favour of these charlatans and is utterly contrary to the rights of individual consumers. OFT next do we think?

Kari

tghe-retford

Oh dear... no publicity is good publicity for Redten or Fatcat:

http://www.ispreview.co.uk/new/complain/complain.shtml#3

I hope you've all sent a complaint/review in to all the relevant Broadband websites (ie. DSL Zone UK, ISPreview and thinkBroadband). :D

jaypee638

tghe-retford wrote: »

Oh dear... no publicity is good publicity for Redten or Fatcat:

http://www.ispreview.co.uk/new/complain/complain.shtml#3

I hope you've all sent a complaint/review in to all the relevant Broadband websites (ie. DSL Zone UK, ISPreview and thinkBroadband). :D

Just posted my review, needless to say I gave them a big thumbs up!!!

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

Nearly wet myself laughing

:beer:

firstclassidiot

Bailiffs could be sent to 1 finway at Luton where the mortgagee is or where fat cat are trading out of --just like redten did originally ( and incidentally where the original tariq still hangs out. )

You would have to pay more money of course, and there are no tangible assets as they were virtual ISP. The PCs etc would have come from sava /saverstore aka watford electronics when needed.

You have the default so publish wide and report to OFT why you cannot get your money back. This default along with the others will be recorded against redten credit history and they will not be able to get bank loans hence the new company, fatcat

---

mum ra make sure you have copied the various postings from people who have still had problems with capping etc from fatcat in order to show that Clode have still not mended the breach as I am sure this is the only defence they can try to use.

If you left before fat cat started on 20.6.2008 then they have no defense that will stand up to court scrutiny.

However there are few lawyers who would recommend that they they try to defend it. The cost of a lawyer preparing the defense is more than the debt.
Lawyers charge about £200 an hour minimum ( mine is £280. ) and the cost of a days presentation in court for a lawyer will be in excess of £1000., which will double if they bring paralegal with them.

So if defended likely to be Nick himself --will still cost him more than the debt to actually attend and speak.

I would be surprised if he lets it go ahead to a default position --his core business is finance and he cannot risk having numerous defaults against that business or he may find himself in breach of the finance acts and unable to carry on business.

Good luck ---DONT FORGET TO MEET YOUR OWN DEADLINES TO COURT --IF YOU DONT --YOU COULD LOSE BY DEFAULT. MAKE SURE YOU REPLY 2 DAYS BEFORE COURT CASE DATE FOR EXAMPLE.