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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I purchased a kitchen in 2013 and agreed to pay the balance

Resolved Question:

Hi
I purchased a kitchen in 2013 and agreed to pay the balance over the next 3 years.
However, due to unsatisfactory parts of the kitchen. I stopped making the payments earlier this year.
The original contract, was with a company called Kitchens at Cammacks - But I have received court claims forms from a company called Issaccs Furniture Store.
I believe that the person behind both companies is the same, but want to know if the companies concerned ie Issacs can actually sue for a contract it has never had?
Regards *****
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you have an invoice - does the invoice have Limited Company number on it?
Kind regards
AJ
Customer: replied 1 year ago.
Hi AJ
Yes I do have a copy of the invoice. It does not have a limited company number on it no.
I believe there is a limited company with the same name Number (07724832) but as suggested, the invoice I have, does not include these details.
I think he has/had 2 companies and bank accounts etc one Ltd and one not.
Expert:  Alex J. replied 1 year ago.
Thank you. If the claiming party genuinely has nothing to do with your supply of the kitchen then they are not the correct party to recover the debt (unless the debt was assigned to Isaacs - in which case you should have had notice for this to be valid). The only party that can sue you is the party you had a contract with. Is it possible that Isaacs purchase Cammacks Kitchen Business? If your contract should still be with Cammacks then you can apply to have Isaacs claim struck out under Civil Procedure Rule 3.4(2) on the basis that you had no contract with Isaacs and they have no grounds for bringing the claim (this can be done using form N244). You need to check firsts whether Isaacs purchased Cammacks Kitchen Business. Kind regards AJ
Customer: replied 1 year ago.
I have never received notification that the debt has been assigned to Isaacs. It is possible that Issacs 08394260 purchased Kitchens at Cammacks I suppose (as they are the one and same person/director)But all Cammacks paperwork was never from the limited company and all the correspondence regarding the court claim is from Isaacs Furniture store (ie not Ltd)
Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
I think you need to contact Isaacs urgently and ask them to explain on what basis they have made the claim?
If they have issued proceedings you will have to respond in one way or another, either with a defence or an application to have the claim struck out.
How much are they actually claiming?
Kind regards
AK
Customer: replied 1 year ago.
The original invoice was for £37,000
Deposit Paid £10,000
2nd Deposit Paid £7200Leaving 36 monthly payments of £555We paid 26 payments and it then became apparent that the kitchen had not been supplied as requested/quoted.
We specified Granite was to be used in the kitchen, and it was pointed out to me 26 months after installation that infact the work tops were not Granite, but infact cimstone (a manufactured granite substitute)I entered Isaacs Furniture Store to complain that I had not had Granite worktops fitted as requested and was told by Mr Brakenburys brother that the product they had fitted was a perfectly acceptable alternative to Granite.I was un happy with this explanation and requested Mr Brackenbury should contact me to discuss.This never happened, so I stopped making the monthly payments.3 months later Mr Brackenbury contacted me, asking why payments had stopped and I explained, he offered to meet at my home to discuss the matter.He came and acknowledged that we requested Granite, but attempted to convince me that the product he had supplied was superior ( only a matter of opinion/no actual fact). To which I argued that if I purchased a BMW and a Mercedes was delivered, surely that is not acceptable and neither was his decision to change the product without agreement.During the meeting, I informed Mr Brackenbury that in my opinion the product was not acceptable had it had never been agreed and that due to a burn/scorch mark being made by warm saucepan that in my opinion was inferior to Granite. I also notified Mr Brackenbury of other minor concerns with the Kitchen.It was agreed that Mr B would speak with the worktop suppliers and "see what he could do" inorder that the payments could begin.A week or so later a tradesman came to resolve one of the minor issues with the kitchen from a company called Granite World. I recognised him as the contractor that supplied and fitted the worktops. When we spoke about the tops, he admitted to remembering me speak about the "Granite worktops" when he was/had installed. and admits that in his opinion I thought/understood the product to be "Granite" But didn't know what to say to me, as obviously he was only a contractor working on behalf of Mr Brackenbury, so said nothing.....I heard nothing more from Mr Brackenbury until a court claim for £5370 plus costs arrived recently.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Did they give you a seven day warning before issuing proceedings?
Can you just confirm how new that Isaacs was the correct party to contact?
Kind regards
AJ
Customer: replied 1 year ago.
Hi,Yes I did receive a letter, giving me 7 days to pay or proceedings would commence. However in the letter it declined to mention the subject of worktops, other than that I admitted to placing the pan on the top myself.I knew that Mr B had moved to Isaacs, only by chance, I noticed on passing Cammacks that his display had been removed, so entered the shop to enquire as to what had happened, and was notified he had left and they thought he had relocated within a new store, namely Isaacs.Neil
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Did the invoice have Mr Bs name on it?
Kind regards
AJ
Customer: replied 1 year ago.
Yes the original invoice had Mr B's name on it.The letter claiming the outstanding amount had Mr B's name on it.The letter requesting payment is addressed Kitchens At Cammacks
Isaacs Furniture Store
8 -***** ETC ETCHowever the court papers are directly from Isaacs Furniture Store. No mention of Kitchens at Cammacks at all?
and that as you know is who the original contract was made - not Isaacs.Obviously the matter of wrongly supplied worktops is a separate matter, which I intend to pursue. But do need to know if this initial claim against me from Isaacs is possible, to be upheld?
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Aside from the invoice the claim should only be brought by the party that supplied the Kitchen and invoiced you. Seemingly that would be Mr B.
If they do have the name wrong and can prove a debt is due and owing, then they could simply change the name of the claimant. If they have not thought to do this, then it is worth trying to have the claim struck out. Is "ISAACS FURNITURE STORE LIMITED" listed as the claimant or is just "Isaacs Furniture"?
Kind regards
AJ
Customer: replied 1 year ago.
Just Isaacs Furniture Store.No mention of Ltd.RegardsNeil
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I would respond to the claim on the basis that you do not owe any money to the claimant and have not had any contractual relationship with claimant.
I would then seek to have the claim struck out. I would note though you will need to reach some agreement with Mr B eventually as will at some point figure out that the debt someone how sits with him as the party that invoiced you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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Customer: replied 1 year ago.
Ok
Thank you very much for your assistance.

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