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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
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I purchased some teak garden furniture from an online company

Resolved Question:

I purchased some teak garden furniture from an online company about 198 months ago for approx. £1600. It was and still is trading with a delivery warehouse address listed on its site.
It did not have a showroom so we paid cash on delivery and got a receipt.
We have some items which require repair or replacement. We now need to issue a small claims court claim for about £1200. We have sent three recorded delivery letters to their warehouse address but all of which have been returned marked “gone away”.
This seems to be a ploy as they are still trading and a search of the web reveals other customers who have had the same difficulty.
I have searched companies house and the teak warehouse is not a limited company but has its site and logo coptright protected. I know of no other addresses.
Can you tell me if I can proceed with a small claims court action when the court recorded delivery letter is likely to face the same “gone away” non delivery response
A phone call to the small claims court resulted in a can’t help, you need a valid address.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I bellieve I might have paid twice for this question, as the first time around I asked the question, paid by credit card, a preliminary answer was given and then I was thrown out because it did not like my email address.
Customer: replied 1 year ago.
line 1 should read 18 months ago, not 189 months ago
Expert:  Alex J. replied 1 year ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
When you paid the invoice what address was on the invoice? What trading name was on the invoice? Legally you do not need to send the proceedings by recorded delivery valid service can be affected by first class post and filing a certificate of service at court.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.
trsding name was as per website viz teak warehouse,
receipt we got was from teakwarehouse.(no adress)
invoice payment details as per web viz teakwarehouse.,.what do you have to do to get a certificate of service. does it require a signed for delivery receipt. Could I get a courier to deliver it and could he get one
Customer: replied 1 year ago.
also I do not have a name of any individual
Customer: replied 1 year ago.
I do not have a name other than its trading name and it is not a limited liability partnership.
Would it be ok to have the following for the name and address,
Name: Sales Department, Teak warehouse
izAddress : Same as on the website: viz The delivery warehouse.
this appears to meet thecriteria where the defendant has not provided a bane and address.
viz: Any place of business of the partnership within the jurisdiction which has a real connection with the claim.thanks very much. i'll get onto the small claims court tomorrow.
Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
This is a certificate of service http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdf
In order to validly serve proceedings there is no reason why you cannot send them by first class post to the address on the invoice. Service will then be valid 48 hrs later - if the defendant chooses to ignore it or not respond that is their problem.
Are you using the money claim online or the small claims process?
Kind regards
AJ
Customer: replied 1 year ago.
good question, I was thinking of doing it via MCOL. Is there a difference.
Expert:  Alex J. replied 1 year ago.
Hi thank you. Not really I would use the MCOL if you can - I was just wondering in case you had been ordered to effect service by courier. If you haven't then first class post to the last known address of the defendant is fine. see Civil Procedure Rule 6.3 -https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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