Small Claims Problem ?!?

[efpom]

Andreas, as a director "Annabella", a limited company previously stated that your contract was with it. You have requested the he state to you the company number, he has not done so.

I assume that your letter of 15th February, described in the letter from Moxhull Hall of 22nd Feb was addressed to Annabella Limited - do please post that
letter of 15th February up.

Andreas and Bobbie, as sole traders, cannot reply lawfully reply on Moxull Hall notepaper to a letter addressed to Annabella Limited. It is to your advantage that they have done so as it helps you to sue both of them as individuals because the words of the present communication, from Andreas on Moxhull Hall paper, amounts to an admission that your contract was with Andreas and Bobbie as sole traders and not Annabella Limited

.But as Andreas has stated your contract was with Annabella Limited, that firm is also a defendant.

I would now serve the statutory demand on Annabella Limited and copy the charge holder with it. The company has 21 days make an answer.

[syvonne]

This is a copy of the letter,

It was addressed to Annabella Ltd


Dear Andreas & Bobbie Kalavanas,

I once again refer to the money you owe us, and record my disappointment in you failing to properly identify the company, and company number as to whom our contract is held with.

This correspondence is to put you on notice that I intend to serve a Statutory Demand if the £1,000 deposit is not refunded in full, within 14 days.
Furthermore, if a Statutory Demand is served it will be incumbent upon me to provide a copy of this demand to the creditor listed in charge code: 0464 4507 0003 – Bank of Cyprus (UK) Ltd.

Regards,

[efpom]

Er, yes.
It is tolerably clear from your writing that you have little or no experience of the law, and that is perfectly okay. However, as you are beginning to realise, the entire legal system runs on documents. When a client is seeking advice from a solicitor, pretty well the first thing he/she will ask for are the original documents.
On this board, that of course is impossible, but nevertheless it is very important that you post up a copy of the document itself, rather than a description of what the document says.
I don’t intend that to be a criticism and I hope that you do not take it in that way. I trust you catch the point. By way of example, someone recently on this board described the order of the court, but unfortunately that description was inaccurate - the order, when it was eventually posted up, said the court struck out the claim which was a mistake by the court - the judge and actually ruled that the defence be struck out! The advice from the board was to ask the court to remake the order, so as to correct its mistake and that was done by the court.

[syvonne]

No, I totally understand and a lot of, if not all of this, is completely out of my knowledge base .... so I'm very appreciative of the help you are giving.

This is a copy of the letter I sent 15th February ...

[efpom]

I need to see the name and address you sent it to.It should be to Annabella Limited at its registered address at companies house.

[syvonne]

This is the "signed for" receipt showing "Annabella Ltd"

Address this was sent to was: Annabella Ltd, Moxhull Hall Holly Lane, Wishaw, Sutton Coldfield, B76 9PE

[efpom]

This is working very well for you, so far. Will have time to make a more detailed post over the next days.

[syvonne]

Brilliant, thank you ...

[syvonne]

Hi Efpom, I understand you have lots of people to help on this forum, would just really appreciate advice for next steps when its possible.

Many thanks

[efpom]

You sent a letter to Annabella Ltd, and received a reply on Moxhull Hall headed notepaper, signed by Bobbi and Andreas.

That reply is not from Annabella Ltd.

I therefore suggest that you serve a statutory demand on Annabella Ltd, and see if there is any reply to that statutory demand. I would also send a copy of that statutory demand to the charge holder- Bank of Cyprus UK Ltd.

If after 21 days there has been no reply from Annabella limited to that statutory demand, the way is clear for you to issue proceedings - those proceedings will be against three defendants, Bobbi, Andreas, and Annabella Ltd.

The content of the reply on the Moxhull Hall notepaper seems to me to amount to an admission that your contract was with Bobby and Andreas, trading as Moxhull Hall.