Car mechanic problems!

[Ganymede]

It's a painful, yet valuable lesson, to check carefully who you are suing before commencing Court proceedings.

 

Good luck!

[needadvice1]

well the thing is,

I did check,

he has the ltd co name all over his website,

I thought that's who I should sue!

 

I am going to go there and prove that fact.

I should have sued him personally as it transpires that he is a sole trader.

 

to me, that means he is defrauding the public as he is convincingly and purposefully presenting himself as a ltd co when he is definitely not!

 

what do you guys think? do I have a point?!

[unimatrix1066]

Have you a screen shot of he's website in case he changes it

[needadvice1]

Yep loads of screenshots

 

so....do I have a good case?

[needadvice1]

judge agreed with me, awaiting official paperwork from the court.

[Ganymede]

Good result then?

 

What about costs?

[needadvice1]

Yep. Defendant has to pay costs. Judge was very good.

[AndyOrch]

So this is now concluded needadvice...you have your judgment and costs ?

 

Please confirm and I will amend the thread title to reflect the outcome.

 

Regards

 

Andy

[needadvice1]

Yes that's correct. But nothing in the post from the court yet. It was a week who too so slightly worrying. Also zero cash in the bank as yet.

[Ganymede]

You need to give the Court more time.

[needadvice1]

got the paperwork from the court. he is supposed to pay by tomorrow. no contact yet.

[needadvice1]

the guy sent a cheque through with my name (as the payee) spelt incorrectly

and the amount written in numbers is not the same as the amount in words.

he is clearly trying to annoy me as he doesnt want to pay up.

 

what can i do via the court given this guy is playing games.

[AndyOrch]

You could apply for a third party debt order...freeze his bank account and take the money direct.

[needadvice1]

Do I need to give him any sort of final warning?

[AndyOrch]

It would be advisable...may just frighten him to pay up and save you the trouble and further expense.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part72

[needadvice1]

I was thinking to scan the cheque and send him an email with ur attached saying that it's not acceptable as payment because of the mistakes on it.

 

And then give him 24 hours to make payment plus £20 for incovenience of going to the bank and wasting my time due to the cheque being rejected.

 

And if he does not comply,

I will say I will enforce the judgement via other means.

[needadvice1]

hi

-can someone please help?

the defendant is asking for this cheque back

and expects me to pay for it to be returned

so that he can write a cheque that is actually bankable.

i do not think this is reasonable,

i told him to pay by transfer

and if he wants his cheque back to pay me to do send it back as there will be costs to return it.

[AndyOrch]

Well at a cost of 64p FC or 55p SC...it would be worthwhile to get payment ?

[needadvice1]

well he wants me to send it recorded

and no i dont want to give in to his every command.

 

he owes me and he hasnt paid.

and how do i know he will return a bankable cheque?

 

why cant he just do a bank transfer,

i've given him my bank details.

he even spelt my name wrong on the cheque in the payee section.

 

why would i trust him to actually send me a bankable cheque

when all he has done is lie, lie, lie and attempt to delay everything at every point.

 

if he is so worried about the cheque, why cant he just cancel it?

[AndyOrch]

Well there is nothing you can do with it by retaining it.. tell him you will destroy it on receipt of the replacement.

[needadvice1]

i dont want to do anything with it, i dont care about it. i just dont want to waste my time and money going to the post office to post it for him. he wont believe that i have destroyed it. i wont accept anything less than having the cheque back.

 

can i instruct the court to enforce the judgement now? i have even provided my bank details for him to do a bank transfer, he keeps going on about cheques.

[panther12]

If you post up an actual copy of the Order following your successful court win (suitably redacted) I'm sure people would be better placed to be able to give an opinion on the best course of action to take.

[needadvice1]

i dont have it with me now but its quite succinct.

 

it says pay £x by date y to the defendant. that's it, very simple.

 

the date has passed by approx a month now.

[king12345]

Send him his check accompanied by a letter explaining that he had his chances and if you don't get paid in 7 days you will enforce the judgement via hceo.

If he doesn't comply (and I suspect he won't), send the hceo to collect your money and their fees.

He won't be laughing when that happens.

[needadvice1]

Why should I send it to him though?

He can come and get it if he wants

or he can pay for my expenses to send it back.

 

Why should I do what he tells me?

Am I under any sort of legal obligation to send it back?

Why can't I send hceo now?