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Asking county court to make an order

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  • Asking county court to make an order

    Hi all
    i need some help with a matter. It’s a long story so will try and be brief. I ordered some tiles online during a house refurb in 2015 Tile range Ltd. The tiles never arrived despite multiple promises so took the seller to court and won a default judgement.

    Before instructing debt collection I checked with companies house and the company was never a registered or ltd company as stated on the website. I delved in deeper and found others complaining about the company and a few people suggested it was really another company called tilestoremachester ltd which made sense as the email address given when I made payment was for tile store Manchester.

    I then put in another claim and again got a judgment against tile store manchester and proceeded with having the order transferred up and instructed enforcement officers. During this time and also before the hearing date I sent all correspondence to tile store Manchester myself and the court did also. When the enforcement officers arrived to execute the writ the owner showed them invoices which suggested that the stock in the shop was was under a different company name.

    The owner also said he had made an application to set aside judgement due to the fact that tile store Manchester had not be incorporated at the time I placed my order.

    I should have done more research I know but the owner has a very slippery and shady history which I didn’t know at the time He was right tile store manchester was not incorporated at the time I made my purchase so after a hearing in the county court the judge decided to amend the order and changed the name to northern porcelain tiles Ltd as agreed by the owner who also attended the hearing The owner said that I should have taken action against this company which was one of 4 tile companies owned by the owner.

    The owner agreed to pay the amount on the order but since then he has not contacted me despite my letters and text messages and providing my bank details.

    I don’t want to take enforcement action on the amended order as I believe he has no assets registered under this company otherwise he would not have suggested to the judge to change the order to northern porcelain tiles ltd. Since then the owner has now set up another company I believe that all assests would have been transferred to the new company so enforcement action would be fruitless

    the only option I have and this is where I need help is to ask the courts to order release of information by the third part payment processor (worldpay). When I purchased the tiles worldpay processed the payment. I contacted worldpay to ask if they can provide information regarding which company or person received my payment, I was told to get a court order so that they can provide this info.

    I have deep suspicions that tiles store Manchester was trading before incorporation in which case the director would be held responsible for the debt. I just need this verified before I waste more money on the case. How do I go about this and what forms to I complete to ask the courts to make this order .

    What info do the courts need for them to consider the order required.
    Tags: None

  • #2
    Have you checked out any of these companies on companies house? I can't find Northern Porcelain Tiles - only a linked company to Tile Store Manchester called Ceramic & Porcelain Tiles Ltd ( in liquidation ) but the Director of both is a woman.

    How much is your judgment for?

    How much was the purchase?

    Have you looked into a section 75 or chargeback ? ( did you pay by credit or debit card?)

    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Thanks amethyst, you are right it was ceramic and porcelain tiles ltd. The order amount was for over £1200 the judge awarded this against tile store Manchester ltd. After the defendant had the judgment set aside both parties agreed to have the judgment amended and I agreed to reduce the figure should the defendant pay within 14 days it was reduced to £600 and the judgment was against ceramic and porcelain tiles ltd. The lady registered at companies house it the owners wife. I have delved into this and found that he himself had dissolved companies in the past all to do with tiles. I can’t do a section 75 as it was paid for via debit cArd.

      Comment

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