Legal Action against ULTIMATE AQUATICS or UDA for funds owed

[Mike777]

IN August 2009, I purchased between £600-700 of aquarium supplies online from Ultimate Aquatics, also known as Ultimate Discount Aquatics or UDA, based in Cupar in Fife, Scotland.

I received neither the goods nor a refund and have learned that this company went bust on the 25th April 2010. Aparently my case is not unique as you will find at the following link that reviews the quality of various online UK aquarium supply companies:

http://fishkeepinguk.co.uk/ns3/stores/onlinestores.php

The managing director for this company was an AJW (Edited), who appears to still live in Scotland (Edited). I am presently tracking him down, and any possible reincarnation of this company, in order to get the money they owe me. If you are in a similar situation then please leave your message here or post a private message and I'll get back to you. It would be good if we could work together in a concerted attempt to get our money back...

Mike

[Ged]

Hi Mike

If he was part of a Limited Company, then you would have absolutely no joy.

If he was a sole trader, then you could go after him that way, unless he has been made bankrupt, and then you would have absolutely no joy whatsoever. I would put a claim in with the adminstrator if a LTD company, but sorry to say, I wouldn't hold my breath.

I hope you do somehow get your money back though.

[Mike777]

Ged. I already have some details about the owner that I've scoured from the net at no charge as yet, e.g. home address, date of birth, etc...

If I can get a few others affected by his business, as a result of undelivered goods and non-reimursement for such goods, then I will write to BBC Watchdog for them to investigate him and Ultimate Aquatics, and / or any of the other TV broadcasts on consumer issues. I made a very detailed log of what has gone on since the original order in August 2009 which would shock anyone.

I am investigating legal loopholes to catch him out - he is an eel-like character - a very slippery character indeed. I intend to pursue this - if those affected work together, myself included, then we have a better case.

[Mike777]

Sorry Ged, didn't reply to you. Well there are things that can be done, legally, whether it was a bankruptcy or an insolvency. Citizen's Advice are helping the process along, though I am pursuing the media channel to apply pressure. Personal details / descriptions of AJW have not been posted for legal reasons but if you want to discuss privately then please PM me. Many thanks.

[Mike777]

Have just checked, and double-checked with the Scottish AiB Register and it appears that Ultimate Aquatics did not file for bankruptcy at all. This means that things are looking good for those owed money...

I have about five people who are owed money by Ultimate Aquatics. The more of you who come forward the better. I will soon be writing to Rogue Traders / Watchdog as soon as I have a few more of you. PM me as soon as possible.

[exuda]

Sorry Mike but you are barking up the wrong tree. I may be able to save you some time and money.



Yes I'm still in Scotland and I was MD of UDA Ltd until we sold up in early 2009. As of Nov 2009 I wasn't even a basic director or shareholder just an employee (General Manager Cupar Shop) doing what I was told to do in order to keep my job. These days I'm just another creditor I think you can check that on Companies House.



Since April 2010 I've been pursuing an Employment Tribunal and other legal actions and unfortunately this has kept my hands tied in terms of speaking about my employment or my employers. From Dec 12th 2010 I am no longer bound by the confidentiality clause of my contract but I still don't want to get sued so a little caution is wise.


There's no harm in saying I got my Tribunal award as this was in the local newspaper. There's also no harm in saying I got a judgement against the Company for monies owed as this is a matter of public record. I can also say this got me absolutely nowhere at all as evidenced publically by my debt collection actions.



My personal opinion is that all the good bits of the company got sold very quickly to another company and all the bad bits plus myself and the other staff got left in the old company which ceased trading. Some may say this was very convenient.



Legally I have a judgement that says the Company owes me money so I can force it into bankruptcy. BUT there is no official receiver up here so the only way I can get the company wound up is if I pay to do it. Even if it was free I wouldn't bother as I have been advised that the company which employed me has no assets and that I have no claim on any other company as they didn’t employ me. I suspect the same is true of former customers as their contract would have been with the original Ltd Co. not a subsequent Ltd Co. Not very nice but seemingly perfectly legal.


So personally I wouldn't waste time and money going down this route-I have and it proved to be pointless.



From your (and other customers) points of view I suggest using the chargeback scheme on your cards. It seems that customers get far more protection than employees although with a bit of luck the Government will pay out pennies in the pound of my severance under the compensation scheme.


I apologise that I was unable to say or do anything when I knew the new owners were in trouble. I hope you can understand that dismissal for gross misconduct is far cheaper for a company than paying out severance. I had 16 years redundancy and a good severance deal hanging over me and so a certain degree of self-preservation kicks in when it is put to you like that.


I hope that we all get our money back but to be honest I won't be holding my breath for mine. In my personal opinion my ex-employers appear to have acted in a very efficient if allegedly immoral manner.



ATB


Andrew


The above contains my personal opinions and no information that cannot be obtained via public sources. Nothing above is confidential or privileged and this information came after my employment had ceased and was not learned during my employment or subsequently from a customer or a supplier or any other work related contact. The opinions expressed are mine alone and do not (AFAIK) reflect those of my present or former employers.

PS forget Ultimate Aquatics Ltd it's a dormant company and has never traded we just used it to prevent anyone else using the name-the new owners let it lapse so I don't think it even exisits anymore. You want UDA Ltd which T/A UDA and UA.

[Carlos]

Unfortunately all the above is true mike, you don't have a leg to stand on after spending over 15 years as a valuer for many top insolvency practitioners all you can do is become a creditor and even after the time gone it's too late for that now, no co
Company would not be ltd these days as well.

Take him to court will have no prevail and and solicitor will advise thi.

As for loop holes there are many, the main one is a prepack to which the insolvent buy back the business at a cut price renamed the company, puts someone else in charge and wipes out all debts, sounds crap doesn't it but it true.

[Mike777]

Many thanks for your reply.
It's interesting that you found this thread.
You can if you like send me a private message me if you wish to continue this conversation more discretely - I, together with some others would welcome this, as we have one or two questions to ask you.
Mike777

[Mike777]

Many thanks to those of you who have replied regarding money owed to you by UDA or UA. Please continue to PM me if you wish to discuss any details regarding your specific case. The more plaintiffs we can get the better...

Regards
Mike777

[Mike777]

Please ignore the reply on this thread from AJW (a.k.a. 'exuda'), the ex-manager of UDA / UA. This kind of reply was predictable as obviously AJW wishes to protect his own interests alone by discouraging anyone investigating the money he took from former clients of UDA / UA - money which was never refunded when goods were not delivered.

Also ignore Carlos (chromis) - there are some loopholes to exploit. At present this work is being carried out free of charge by a 'family member'. The person concerned has a good track record.

Many thanks for your PMs regarding possible refunds of your stolen money from UDA / UA. Keep them coming.