[Jackal]

Re: MFI Turmoil

I am glad four years at law school is paying dividends now.

Ahh those were the days….student bar hummmmmm.

God I wish I was 20 years younger and could do it all again. Student bar that is not university.

Jackal

[Jackal]

Re: MFI Turmoil

If you use email to communicate with them, which is not a wise choice I must add, then add the words the following phase somewhere in bold, I suggest after your name at the bottom.

SERVICE BY EMAIL IS NOT ACCEPTED

It is easy to spoof emails and to obtain read receipts which make it appear like formal service of documents has been made and it has been known that some judges have accepted it.

This prevents any attempt to claim service of legal documentation has been made by email.

With regards to other comments, its interesting isnt it to read things like

cannot deal in writing and

dont have the information.

All of this prevents them taking any action against you. Think of it this way, if they cannot deal in writing then they cannot issue the court paperwork unless some new systems been set up by the courts I dont know about which deals in hearsay evidence. This guy at Sovereign thingy me bob really is talking cow poo.

One of my companies deal with debt collection as a business and its absolutely shocking to listen to this, it really is.

If my company really had a debt to pursue, we would write to the defendant not phone them and detail the matter giving 14 days to respond.

If no response after 14 days then we send a further letter (called a letter before action letter) giving a further 7 days to respond.

Thereafter we use moneyclaim online to pursue in court and deal with it formally thereafter.

There is none of this harrass the hell out of someone on the telephone and do deals over the phone. How can you do a deal with the likes of this guy. Either the debts owed and he can prove it or they aint and or he carnt.

If its the latter tough do do!

This is a serious thread but I have to say Sovereigns actions and attempts at business are making me laugh! The really sad thing about all this is, I bet somewhere out there, there are former agents that have paid him and are paying him.

Jackal

[Jackal]

Re: MFI Turmoil

Gents Hi

They cannot do anything whatsoever until a Judge makes an order against you.

County Court Summones can go to either a trading address or if a ltd company to the registered office address.

These come in brown C5 envelopes and will have the court name and address on the franking label.

These should be easily distinguishable from normal post.

The envelope will contain the claim form (which must carry the seal of the court) dont get caught out by forms arriving without the seal to give the impression of a court document. If its not sealed its not valid (but the court would like a copy if it goes that far as its illegal to threaten action in this way).

The envelope will also contain and acknowledgement of service form, and admittance form and a defence form.

You have 14 days from receipt of the summons (this is judged to be two working days after date marked on the franking label) to advise the court you intend to defend the claim.

To advise them, complete the acknowledgment of service form marking the section you intend to defend the claim in full, sign it, date it and return it to the court from whence it originated. You do not need to put a defence to it at this point, you only need to advise you will be defending it.

You then have a further 14 days to fill in the defence to the claim. On the blue defence form, simply state you defend all the claim, and at section 3 state:-

The claim is defended, the claimant is fully aware all invoices are in dispute and contra amount which fully settle the claim have not been applied to the account in question.

Sign it and date it and return it to the court from whence it originated within the additional 14 day period.

if they wish to pursue it, the courts will contact you sometime thereafter and we can talk about it then.

Technically, you have 16 days from date of issue to send the acknowledgement of service back which in most instances will be enough for you to deal with the matter accordingly. So no long holidays!!!!

Stat Demands are different and must be served in person to the trading address or to the registered office address if a limited company. Sending by recorded delivery or special delivery is not accepted as a means of service.

The delivery guy will record the date and time they issued the form personally on someone (it doesnt have to be a director or the company secretary if a limited company but whomever appears to be in charge at the time)

The effective date for delivery is any working week day before 3.30pm. If it occurs after 3.30pm then it is deemed served on the next working day.

You then have 18 days to either, apply to have the matter struck out by a court, come to an arrangement with the claimant or pay the claimant in full cleared funds.

Disputing the matter with a court is easy but time consuming as a sworn affidavit is required which must be done by a solicitor or in a court itself.

If you do this, a temporary injuction will be enforced upon the claimant until a hearing date is heard to see if you have a case. If you have a case for the defence the stat demand will be struck out and they must use the normal courts for further recourse.

In all honesty 99.9{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} of defended stat demands are withdrawn by the claimant to avoid the substaintial costs involved should they lose so they go down the county court route rather than risk it.

A winding up order can only be granted after a hearing in front of a judge, which will be months after the expiry of the stat demand date and heres a really kick in the teeth. The Claimant will have to pay circa £500 per defendant to get the court hearing date for a winding up petition. This is to prevent vexational litigants from clogging up the court system with frivolous claims. If they pay it and then are successful in winding a company up the chances of them getting any money after paying all the secured creditors off like PAYE, banks and such like are so remote it is unreal.

So unless you owe tens of thousands and have some seriously nice assetts available this will just end up costing them money to pursue. The mere fact they are shouting winding up orders to non ltd companies demonstrates their lack of understanding of the true position. They are nothing but bullies and the best way to deal with a bully is to confront it head on.

In the real world of arguing this matter, getting it into the county court is the way to go. It can take months to be resolved their and the cost are fixed. The Claimant will spend a fortune trying to get back some figure which is highly likely to be less than the amount they are going to spend.

They can bluster all they want but if you know the system and use the law for your cause rather than fear it, you can cause them no end of problems and costs to the point they will most likely just go away. Remember the most important thing of all. You pay nothing until that Judge orders you to pay it, which he wont do until you have had your say on it in court.

Do not be afraid to use the law to your advantage.

I hope the above helps dispell some of the fear around.

Regards

Jackal

[Jackal]

Re: MFI Turmoil

First things first.

Dont talk to them by telephone. Only communicate in writing. It stops the misunderstandings that will occur but only in their favour.

Next, you are not guilty of anything until the judge says so and even then you have 28 days to put it right once he says so. Do not under any circumstances offer to pay anything to them. MAKE THEM PROVE IT IN A COURT OF LAW.

Next, when and if you receive something in writing, respond to them simply as follows.

Dear Sirs

I/We dispute the debt in its entirety and seek your detailed evidence that any moneys are owed to you including any notice of assignment together with confirmation in writing that I/we agreed to the said assignment.

The evidence of assignment the must be an original document. You have fourteen days to provide such evidence failing which your claim will be struck out in full.

Yours

name

This stops the issue of an enforcable stat demand and forces any legal proceedings into the county court, should they so wish to pursue it. (A stat demand can only be legally issued if the debt is clean, it is over £750 and it is not disputed in whole or part).

I am assuming none of you purchased goods from Soverign thingy me bob and that they are claiming the debt has been assigned to them from MFI.

Unless it is in your contracts with MFI allowing MFI to assign the debt then its not enforceable by Soverign thingy me bob.

If it is in your contacts, then get Soverign thingy me bob to show you the actual assignment as I bet that bit of document doesnt actually exist. (MFI would have needed to have written to you, whilst still a going concern advising you that the debt had been assigned and I bet none of you got that letter.)

Sovereign are hoping you dont know the law and are scarred into paying them something. Dont be bullied and tell them to do one.

If they have a legitimate claim they will issue court proceedings which can be defended, and then its 50/50 in court with your evidence of chargeback (your invoicing backwards to them for the work undertaken, which by the way is a legal payment process). Phoning and harrassing you like this smacks of not having the correct paperwork.

Paperwork is king here, dont get rid of anything to do with MFI or sovereign until this is done and dusted.

Regards

Jackal

[Jackal]

Re: ID Card Idea

K

You of all people can never be accused of laziness or forgetfulness. I am amazed at how much you ALWAYS have going on and yet your always there at the end of the email or phone whenever needed.

When was the last time you enjoyed a decent holiday other than bank holidays?

I will find the file and photos and resend them up to you over the next couple of days, it’s no problem my friend!!

Jackal

[Jackal]

Re: ID Card Idea

I have been waiting for my Id’s almost as long as some Haier spares. 😀 😀

Last I heard was a problem with the printer I think, but I carnt remember.

K do you want me to send the photos and details again?

Jackal

[Jackal]

Re: More Than 80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}

Nope it doesn’t. It comes down to the tax allowances on individuals posing as limited companies.

Early last year a court case was brought by Revenue and Customs involvinh a consultant whom was self employed working for either one or two clients and was consquently deemed to be in effect employed by the clients for the purposes of his PAYE and NI. The important thing is the self employed consultant was prosecuted for the missing payments and his income was based on his turnover not his profits

To get around this, the consultant set up a Ltd co and registered it as an employer and effectively employed himself, where he paid tax based on his profits which he kept below th 10k threshold at the time. He paid his own PAYE and NI contributions correctly as a director of the Ltd Co.

This loophole was closed some months ago and the consultant consequently got a bill for something like £42k in missing tax because again the revenue used the turnover of the company as the basis point rather than the profit.

The matter went to court and he lost and subsequently declared himself bankrupt to avoid the bill.

The case interesting because at the time Ltd Co required two officers for them to run correctly ie a Director AND a Secretary, (although in April 2008 this changed so only one official is now needed). In this case the consultants partner, whom was the co sec in name only but took a renumeration was also prosecuted despite not working for the company. The revenues case was husband and partner as in wife, girlfriend etc. were counted as being one for the purposes of taxation.

There was a specific challenge involving the this as to whether or not the consultants partner should be classed as an employee or not. If she was in fact an employee then the whole case fell apart. On this occasion the courts decided she was not classed as an employee and the consultant lost the case.

So to be clear, Ltd company status does not exempt you if 80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} of your client base is for one or two companies and you become liable for the missing tax not the client.

Ltd companies and individuals employing other, non related, employees are exempt from this.

A question was asked as to how will the HMRC find out. Well in short its your job to inform them. Your accountant when he audits your books should inform you of the potential danger of your business progressing. The problem is many businesses dont have their accounts audited these days and therefore run the risk of eventually being found out, and with the Revenue is whatever 80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} they think they have you on. Usually however its 80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} of turnover, so if its tight for you, discount the big client or uplift the small clients to fudge the turnover percentages, if it worries you. In fairness to the Revenue, they arent out to penalise the genuine guys but there are certain entities whom deliberately do this to avoid serious sums of tax.

To be honest, the number of guys in our trade whom only work for themselves and for one or two clients is quite small and the proverbial needle in a haystack comes to mind, but if you are caught out the penalities are quite severe.

I hope this helps a little

Jackal

[Jackal]

Re: More Than 80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d}

Limited Co status makes no difference to this.

80{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} is correct, you are classed as employed if your effective sole contract is to one entity irrespective of ltd co status or not.

Regards

Jackal

[Jackal]

Re: Can I Just Say?

Chris Hi

This piece of dead wood has better things to do than moan about the lack of involvement of other busy moderators @ 01.12am in the morning.

For the record, I became a moderator not to bask in the glory of helping some idiot I wouldn’t trust to boil an automatic kettle, let alone DIY repair a domestic appliance but to utilise some skills I have that have helped me in my businesses, to help others with theirs.

I hold an 1st Class Honours Degree in Law, with a speciality in commercial business law and through one of my companies (I own several businesses including Pubs/Restaurants, a Hotel, Brown Goods Repairs, IT repairs, Warehousing and Distribution businesses and others) and I assist some local Trading Standards Officers as an expert witness within our industry.

My involvement as a moderator has been to deal with primarily our trade members legal issues when and where necessary, which due to there very nature, can and are quite sensitive and therefore not for public consumption.

During this year (2008) alone, I personally have helped 14 separate trade members fight off legal threats to their businesses which if the claimant had been successful would have probably resulted in the closure of the business. That’s fourteen members that are still in business today employing both themselves and others as a result of my help as a moderator on this site.

I have also assisted in the debt recovery of nearly £80k to various trade members of this site by advising them and ensuring they followed the correct procedures and documentation paths necessary for debt recovery.

All of this I have done in my own free time, free of charge, quietly, discreetly and most importantly, confidentially for the members so as to help protect those members most in need and where the cost of a solicitor would have been prohibitive.

But you know what? your 100{e5d1b7155a01ef1f3b9c9968eaba33524ee81600d00d4be2b4d93ac2e58cec2d} right, I haven’t historically posted in the public forums nor do I intend to now, nor will I in the future. Those whom know me personally know I am not front line technical so I don’t want to take the risk of proffering the wrong advice to someone whom is not trained and in many cases not competent to be working on an appliance which often mixes water and electricity in the same two foot square box.

I have no intention of taking away the obvious pleasure and glory some get from monitoring the public forums and I freely admit the other moderators are both better and more technically adept at doing this than I will ever be.

If all the dead wood moderators were removed from this site, would it change anything for you? I don’t think so, you would still be doing the same fantastic job you are now at the same unearthly time for the same people.

Accordingly, ADMIN, please cut away this piece of dead wood as a moderator and then delete my user name and details from this site; I will not be back to this site again.

I for one am grateful to have a life outside of this industry and I intend to do better things with it than be insulted in this way!

Good luck to you all

Carl aka Jackal

[Jackal]

Re: The Martin conumdrum.

So by posting this, I have bumped this thread to wind up Martin some more.

Good Times

😀 😀 😀 😀 😀 😀 😀 😀 😀 😀

Jackal

[Jackal]

Re: Currys DSG At Their Best

Well done

Firm stance and use of her statutory rights has eventually paid off. Its just a pity Currys carnt see past the end of their nose to look after a customer, whom would, I am sure have been a long loyal customer had they done so.

Regards

Jackal

[Jackal]

Re: Currys DSG At Their Best

Advise the customer to use her Consumer Protection Laws.

It is up to the retailer (Currys) its nothing to do with Bosch unless she agrees to a repair, to prove the unit was not damaged and fit for purpose when it was delivered, not for the customer to prove it wasnt. This law applies for the first 6 months. This is her statutory right. I

Currys will never be able to do it and contrary to popular belief, Currys have no legal ability to interfere with a customer statutory rights irrespective of what they claim she signed on their paperwork.

If they dont sort it and very quickly as in 5 days, small claims court for the cost of the appliance and the loss and suffering she has had to endure as a result.

Regards

Jackal

[Jackal]

Re: The Martin conumdrum.

So can someone explain how this bumping thing works as I havent a clue.

Please dont do it tonight as I have a meeting to attend, sometime tomorrow would be great.

Thanks

Carl

[Jackal]

Re: servis

As I understand it, this is for the B&Q machine which was sourced from Vestel.

If this is true, most faults will be related to the interlock and I think that should be readily available from this site as its the same as the ISE2 door lock.

Also, you wont need the tool to reprogram the unit, it isn’t used for Vestel sourced machines.

Regards

Jackal

[Jackal]

Re: Spam

Can admin delete MARTIN as far as I am concerned all his posts are spam 😀 😀
He is the only person I know with an IQ below his shoe size whom sort knows how to use a keyboard, although to give him credit, his breathing exercises are fantastic. How else can he type the only brain cell he has working needs to switch between life support and thought.

Regards to all

Jackal

PS K delete this if you think I have been too harsh

[Author]

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