Claiming on Visa debit card

bris

You can use an enforcement order which would leave them looking at administration if they refuse to pay with a court order against them.

wealdroam

darren1704 wrote: »

I suspect as much he constantly fobs me off with lame excuses and I've had enough so next step is the small claims court.

If I am awarded a judgement against him and he refuses to pay, where does that leave me?

You really need to make sure you know who to sue.

You repeatedly talk about him and he, when perhaps you should be talking about the company.

Once you have decided who you are looking to for a refund, and you need to get that right, you should write a letter before action.
This webpage will help with that:

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

If the limited company has no assets, then any enforcement, or even a court case, will be pointless.

So you need to decide whether you want to throw more money at this.

Have you read MSE's Small Claims Court guide?

darren1704

I wrote Mr Broome (director of Tip Top Electronics) a letter via recorded delivery today.

It was addressed to him I consider him to be responsible as he is director of the company and he acts as mouthpiece whenever I call or email the company. If I have done wrong here please advise me!

With regards to the company not having assets is it illegal for them to continue to operate while wantonly breaching contracts, where does it all end, do consumers have no rights against unscrupulous companies operating in this fashion?

Thanks for the help guys

wealdroam

darren1704 wrote: »

I wrote Mr Broome (director of Tip Top Electronics) a letter via recorded delivery today.

It was addressed to him I consider him to be responsible as he is director of the company and he acts as mouthpiece whenever I call or email the company. If I have done wrong here please advise me!

With regards to the company not having assets is it illegal for them to continue to operate while wantonly breaching contracts, where does it all end, do consumers have no rights against unscrupulous companies operating in this fashion?

Thanks for the help guys

So you haven't read that Small Claims Court guide.

Particularly the bit:

If they haven't got the money, suing won't help

Make sure you check that the shop or individual has the money to cough up first. If not, taking your claim to the court will be a waste of time.

If it's been a particularly bad battle and the business or individual hasn't budged an inch throughout your complaint, it's worth taking a step back to consider if they'll ever pay up. Unfortunately, even if you win in court, this still doesn't mean you're guaranteed the cash.

When it comes to companies, a small percentage of cowboy firms will do all they can to avoid paying out, even if you get the bailiffs on them.

darren1704

Yes I read it thanks

But how could I possibly know if they have the money to pay me or not? I am not privy to the details of their finances. There are four people taking orders on the end of the phone I assume the company has money to pay their wages, therefore they have the money to pay me.

Mr Broome also tells me that the company is doing a healthy trade and that it is taking £30/40,000 worth of orders per day.

As long as he is telling the truth I assume the company has the money to pay me.

unholyangel

darren1704 wrote: »

Yes I read it thanks

But how could I possibly know if they have the money to pay me or not? I am not privy to the details of their finances. There are four people taking orders on the end of the phone I assume the company has money to pay their wages, therefore they have the money to pay me.

Mr Broome also tells me that the company is doing a healthy trade and that it is taking £30/40,000 worth of orders per day.

As long as he is telling the truth I assume the company has the money to pay me.

Given they share an address with over 12,000 other companies (according to talkphoto thread that was linked above), I'm not surprised their daily revenue is so high.

The first thing to do would be report them to Trading Standards. They may be more aware of who they actually are (ie if they do indeed have a UK entity or if they're simply using a fake address) and they'll likely have a thick folder of complaints about them - so have them add yours (breach of consumer laws, e-commerce laws etc)

And I know it doesnt help now but for future, if a company doesnt accept card payments then stay clear. I (personally) would even extend that to say if they dont accept card payments directly (ie not via a third party service like paypal) then avoid them. Much less chance of getting shafted if anything goes wrong.

Oh and as a general rule, stay away from companies who have anything about being 100% UK owned/100% UK company - as a general rule of thumb....genuine UK companies don't feel the need to try and convince anyone they're a genuine UK company.

bris

So they turn over 12 million or there a bouts a year, no, not a hope in hell.

They are mucking you about and hoping you will eventually go away until they are ready to fold, if you are going to do anything about it, do it now before they go on their terms.

Companies like this plan administration in advance, when it suits them and the timing is right. They wont be the first and they wont be the last company to do this then suddenly spring back up as a brand new company at the same address and selling the same stuff.

It's legalised thievery which has gone on for years and is the loophole that all ltd companies benefit from but the problem is, it's very difficult to prove fraud.

ThumbRemote

Don't bother with small claims. You'll pay to go to court, win, and he'll still not pay.

Find his home address and send the boys round there. It's the only chance you have of seeing your money again.

Kingsd316

He is the director of D & B Technologies Limited, that is the only limited company he is involved in, and its a relatively new company, incorporated 10/01/13 (company number 08355174) the other director is Australian based. Try www.192.com combined with http://www.thephonebook.bt.com/ to get a home address

darren1704

If I send a recorded letter to this company and cannot obtain a signature of acceptance does anyone know if an email would do the same job?