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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52682
Experience:  Qualified Solicitor
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Thank you, my question is I paid for some house hold

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Hello - thank you, ***** ***** is I paid for some house hold shutters back in 2015 £1,222 from a blinds company who also fitted other blinds in for me. However they told me it takes 4 months to arrive and then arrange fitting date. Well after 4 months I called and they told me the order was damaged and they reordered and eventually it came to 2016 and I had been calling this company every month and they made excuses, eventually I asked for a total refund of my money and they said they would get back to me. Nobody got back to me so I kept ringing and they told me sorry they can’t give me back my money as they are struggling and don’t have it. I tried to call the owner who didn’t answer his phone or emails. I went through small claims and wrote several letters beforehand to try and reach some agreement with them but got nowhere. So the small claims process went through and he was given up until March 2018 to pay the full money and he paid nothing and never answered any of the letters. However in the meantime I started checking things on the internet and found he had shut down the original company and reopened a new one 2 months later - he has 2-3 premises that are under his name with the same company name and same phone number. I want to know what can I do at this stage to get this company to refund my money back to me? Do I go through getting bailiff involved? If so how would I go about doing that. Thank you
Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Solicitor. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Where are you located? It matters because laws vary by location.
Customer: I am in the UK
Assistant: Has anything been filed or reported?
Customer: I have all the emails I sent them and bank account I paid the money into. I just went through the process via trading standards customer rights
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you make the purchase online or in person?

Customer: replied 6 months ago.
I saw the company online and called them and the owner came to my place and quoted me the price and sent me an email with the quote including bank details

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. Your rights will depend on what the actual status of the original company is. If this was a limited company which has now closed, it would not matter whether he has opened up a new company with the same or similar name as your legal rights will be solely against the old company. It is not uncommon at all to have a company with debts shut down and then to reopen a new company to carry on the trade, with any creditors not being able to chase the new company and only being able to go after the one which has shut down.

Whilst bailiffs are an option, they can only take away assets belonging to the original company and if this has now ceased to operate and it has no assets left legally belonging to it, there may not be much they can do.

So do some further research to see what the actual status of the company is and if there are any assets left which can potentially be taken away.

If you wanted to use bailiffs you would need to obtain a Warrant of Execution first - at a cost of £110. You need to fill out form N323 for that. Once you get the Warrant it gives the green light for County Court bailiffs to be engaged and to start the process of trying to recover the debt for you.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for that information.
I understand the company that the owner had reopened was at a different address, with the same name as the old one and same company phone number. This new company he has opened is a limited company, therefore does this mean I would not be able to proceed with bailiffs ? As it is a new premises? Would I have any other options of getting my money back? Or is it very unlikely I will receive anything because he has started a new business?

the key is whether it is the exact same company or not - for example is it the same company, same name, just a different address? Or has the company actually changed, is it a new company now, even if the names are ***** ***** letter/word off?

Customer: replied 6 months ago.
The company name appears the same, the address has changed - he has moved to another area, the company phone number is ***** same - they are selling the same products as before I.e blinds and shutters.
Before they had a website with all their designs now they don’t have a website, only a webpage to advertise their products.

The change of address would not matter – the main this is if you are dealing with the same company, the same legal entity which is registered at Companies House under the original number – they could change the company name, address, directors, etc but as long as it is the actual same company you can still pursue them. Hope this clarifies?

Customer: replied 6 months ago.
Thank you for that, and sorry if you have already mentioned this, but would it be more appropriate for me at this stage to apply for a warrant to get bailiffs involved? As I do not see what other options I have anymore. The last resort is I accept my loss.

The main issue is that with getting bailiffs involved you could be spending more good money after bad. There is no guarantee that involving them would resolve this but it is an option if you are willing to take the risk to potentially write those costs off as well.