Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
For now please let me know if you are a consumer or business?
WAS A BUSINESS BUT NOT NOW
But when you signed up it was a business?
Ok - do you have it in writing they said it would take 2 weeks?
NO BUT HAVE A RECORDING
Ok good. Well you do not need to worry.
Yes there is a contract but they are in breach of contract by saying it would be 2 weeks and indeed taking 6 weeks.
They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.
Therefore on this basis you do not need to pay them. They can try and take you to Court but it would be the business. This would be a small claim so no need to get lawyers involved.
But on the above you do not need to pay
Can I clarify anything for you about this today please?
THEY HAVE SENT ME A NOTCE OF ENFORCEMENT
Yes but they can't enforce without a Court order.
They can't send in bailiffs without a Court order
And they can only get that once proceedings have been issued and you have ost
* lost *
BUT THEY HAVE
They have issued proceedings?
Did you file a defence?
YES BUT THEY SAID I DID NOT REPLY
Was there Judgment in default?
YES BUT GIVE IT TO MY SOLICITOR
And what he did do with it? When was this?
OK - what did your Solicitor do with it?
When was this?
IT WAs the 13/09/2014 she said she would ring chess
And what has your Solicitor done 6 weeks later?
nothing i rang her on the 27/10/2014. i am still waiting for a call
Ok. What you MUST do is apply to set the CCJ aside.
You need to do this asap
There is also a Court fee of £155 to pay
You can then apply to set aside and there will be a Court hearing.
You need to say why you have a defence and that you submitted your defence to Court.
The Court will then consider whether to set aside.
But do this TODAY
no thanks i will try to get hold of my solicitor thanks again
Great. Can I help with anything else today?