CUC Files Lawsuit Against Eastern Ave Rubis

Caribbean Utilities Company, Ltd. (CUC) has lodged a legal complaint against Serve-Pro Cayman Ltd., operating as Eastern Ave Rubis, and its director for unpaid funds totaling CI$60,512.24, according to a Writ of Summons filed in March 2024. The filing accuses East Ave Rubis of violating the terms of a payment agreement which designated them as a payment collector for CUC. The company allegedly failed to report collected payments and did not forward the money onto CUC.

Under the payment agent agreement between CUC and Serve-Pro Cayman Ltd., the latter was required to submit a detailed fee report and relevant invoice to CUC by the fifth business day of each subsequent month. Furthermore, the agreement obligated them to maintain an accurate record of all transactions and to deposit all funds collected. However, the Writ claims Serve-Pro failed to meet all these requirements.

The noncompliance was outlined in a notice served by CUC to Serve-Pro Cayman Ltd. on April 26, 2023. CUC demanded Serve-Pro to pay CI$133,521.24, which was the accumulated sum representing CUC customer payments that hadn’t been forwarded. The utility company also asked Serve-Pro to provide an accurate record of all transactions performed since March 1, 2023.

The Writ also includes an allegation that both companies agreed on a payment plan for Serve-Pro Cayman Ltd. to meet its obligations. Additionally, a personal guarantee from Serve-Pro Cayman Ltd.’s director was obtained, assuring CUC that the director would personally pay all outstanding money owed by Serve-Pro. According to the Writ, Serve-Pro Cayman Ltd. failed to follow through on the payment plan, leading to CUC serving a formal demand for payment to the director in November 2023.

Despite demands, Serve-Pro and its director haven’t settled the charges, resulting in claimed losses and damages to CUC. The utility company is asking the court to order Serve-Pro to pay over CI$60,000, along with pre- and post-judgment interest, court costs, and additional relief that the court may consider necessary. The presented information comprises allegations, and the court will need to consider all viewpoints before reaching a determination based on the facts.