The Mobile Outlet

fagun

Just talked to the Bradford Bailiffs office (tel. 01274 843 557).

The bailiffs have a huge file on them. The lady said that one of their usual tactics is to apply to get the judgement set aside, but they had not been successful so far. They have been paying out so far, though you need to go the whole distance to get the money from them.

The address she said to use is:
Office No 6
Bantams Business Park
Valley Parade
Bradford
BD8 7DY

BAILSTA

Quentin wrote: »

If a claim has not been paid despite you complying with the conditions when sending it in to them, then they are comitting a relevant breach of the contract.

This means you can sue them for the whole amount owed to you under the broken contract. (You could have done this with your first MCOL for which you now have judgement).

Yeah, I now realise that I should have done this, but will have to proceed with claiming number 2, then if it gets to raising another MCOL for the 3rd claim, likely, I will then claim for the remainder of the contract as by then I would have sent all 5 claims in.

Quentin

You say your 3rd claim is now overdue.

So if you are prepared to gamble that they will pay the ccjs, why not use the relevant breach of your 3rd claim to now commence proceedings for the remainder outstanding (ie 3,4 + 5)?

BAILSTA

Quentin wrote: »

You say your 3rd claim is now overdue.

So if you are prepared to gamble that they will pay the ccjs, why not use the relevant breach of your 3rd claim to now commence proceedings for the remainder outstanding (ie 3,4 + 5)?

Thats what I meant Quentin , it obviously never came across as such. I stated in the LBA that I sent them on the 9/1 that I will be claiming the remainder of the contract should I require to take the matter further. I cant understand that they hang it out for paying you communicating via email and phone, and raising ccjs to them, yet if you turn up in person they fold like a pack of cards and pay you on the spot !!?

Quentin

Being hard nosed will cost them a lot less than being ethical and delivering to their customers the deal they all bought into.

Many will not bother with the courts, thinking that it's too much hassle, and we have learnt that very few get their money without resorting to legal action. Now we are discovering that they are not bothered about getting a ccj, but wait to see if the claimant goes the whole way, and pays out more to get the bailiff involved, and even then we now learn they prolong the matter by trying to get the judgement set aside! Lots of "ordinary" customers (who don't use websites like this one) will just give up.

BAILSTA

Quentin wrote: »

Being hard nosed will cost them a lot less than being ethical and delivering to their customers the deal they all bought into.

Many will not bother with the courts, thinking that it's too much hassle, and we have learnt that very few get their money without resorting to legal action. Now we are discovering that they are not bothered about getting a ccj, but wait to see if the claimant goes the whole way, and pays out more to get the bailiff involved, and even then we now learn they prolong the matter by trying to get the judgement set aside! Lots of "ordinary" customers (who don't use websites like this one) will just give up.

You hit the nail on the head mate :beer:

Sorry to be a pain but do you know how long do I wait until after the judgement has been issued before going onto the next step please ?

Cheers
Bailsta

Quentin

When getting judgement, when did you ask for payment?

excalibur

Update,

I have had no response to the warning letter I sent them before Christmas, so began to fill the form on MCOL and realised that I did not have their correct address.

Their post is being redirected to Bradford. I phoned Royal Mail (08457740740) to try and get this and they could not provide it under the 'DATA PROTECTION ACT', but they did confirm that a rediretion was in place.

I contacted Consumer Direct for information as to my next move. They gave me advice to send them a final letter warning of legal action. After explaining of all the emails that I had already sent, they agreed that I did not have to do this and I could go straight to legal proceedings.

They also said the I could try the Royal Mail again but this time quoting 'FREEDOM OF INFORMATION ACT'. I tried this but no joy. If we all contacted Royal Mail quoting 'FREEDOM OF INFORMATION', they might feel pressurised into providing the new address. If anyone has any joy with this maybe they can provide it in this thread.

Consumer Direct gave me contact details of other associations that I could try and gleem information from:

Court Services: 02071892000
Companies House: 08703333636
Consumer Direct: 08454040506 http://www.consumerdirect.gov.uk/
Insolvency Services: 02072916895 http://www.insolvency.gov.uk
Official Receiver: 01132006000

BTW
If you do not want to use 0845/0870 numbers you can go to http://www.saynoto0870.co.uk/ and search for alternatives.:money: :money:
An explanation of why TMO only provides 0870 number is found in thread http://www.moneysavingexpert.com/phones/0870-say-no#why :T - so not only are they not paying the cashbacks, but THEY ARE MAKING MONEY FROM YOUR COMPLAINTS!!!:mad: :mad: :mad: :mad:

E

fagun

BAILSTA wrote: »

You hit the nail on the head mate :beer:

Sorry to be a pain but do you know how long do I wait until after the judgement has been issued before going onto the next step please ?

Cheers
Bailsta

You can do it straight away (as long as you asked for it to be paid immediately).

You can do it all through MCOL, as long as you applied for the judgement using the system (if its working).

I applied for judgement by e-mail because the system was down, so I now have to go through the manual court system for the rest of the process (lesson learnt!!!). They sent the judgement out Monday. I have got the case transferred to Bradford today, and will apply for a warrant of execution on this coming Monday.

fagun

excalibur wrote: »

Update,

I have had no response to the warning letter I sent them before Christmas, so began to fill the form on MCOL and realised that I did not have their correct address. ...
E

You are entitled to use the address on their website for filling in the claim form. It's their legal responsibility to keep this up-to-date (e-commerce directive).

When it comes to obtaining a warrant of execution, use the Bantams Business Park address quoted above. Bradford Bailiffs have confirmed that TMO are operating from there.