timmy2take

iTrader: (7)

My friend was unfortunate enough to buy a car from a trader and 5
Mins down the road the Cambelt went. As with all traders it seems, they didn't want to know. Trading standards told my friend to send a recorded delivery letter with the options he was giving him, the trader returned it to sender.
They've now told him to go straight to the small claims court but he seems to think even if things went his way then the trader has an option to pay it or not. After winning he'd have to take the case to a normal court (sorry can't think of the name)
Does this sound right? Has anyone else had similar problems?

the hamster

iTrader: (7)

if found guilty they have to pay, but then are means tested as to what the repayment will be. I had a claim go though for £100 (in my favour) and they had to repay it a £2 a week.

davegtt

No but they can claim they cant afford it and pay you in installments, its another ball ache as when you win in small claims you could be waiting another few months before you see a penny as he applies to the courts to prove his finances (or lack off)

Thats how it went for me anyway when I sued a guy over a car I bought. Got all my money in the end but over a 3 years period of him paying me something like £150 a month.

David Lock

But do you know what the court does if the guilty party still ignores the court ruling and simply doesn't pay? Does the court have powers to take the money at a source say employer pay or benefit? Or order bailiffs to take away property from house? Could the guilty party be imprisoned for contempt of court?

dl

fitzscoob

AFAIK the court has the power to send bailiffs in should payment fail to come through. I had this years ago after a car accident. £700 was paid in monthly installments of £100.

Regardless of how much money they have, they'll say they dont have enough so you get installments. Dont forget, get your friend to add up all the other costs he has incurred in getting this sorted out, cab fares, telephone calls, letters, etc. Add that in and claim it back off the guilty party.

Midlife......

iTrader: (2)

http://www.compactlaw.co.uk/free-leg...forcement.html


Enforcement powers here

Shaun

acstua

iTrader: (1)

aye i, and quite a few other people, got conned a few years back by a xbox360 hd-dvd drive scam on fleabay
the bloke ended up in court, and had baliiffs around etc
he was actually very remorseful about it, he did have a few which he sold quick for a decent profit, thought he'd get some more but he sold what ended up never having.
had a great xmas then hid.....

i got several cheques over a few years, but got my money back

David Lock

Thanks, very useful.

I plan to make a claim via small claims in a couple of months but I know the other party will claim poverty (he works but cash only). Just a minor matter but relevant to me: would the court hearing be in my area or his? He lives a long way from us.

dl

acstua

iTrader: (1)

maybe all in the same place? i swear i had northampton on the paperwork i had for a claim against someone in newcastle (im in essex)
i could be very wrong

acstua

iTrader: (1)

Money Claim Online (MCOL) is part of the Northampton Bulk Centre and was set up in 2001 to support government policy in making justice affordable and accessible to all.

Paullen

iTrader: (2)

I took jap auto parts to small claims, they were told to pay the full amount within a few weeks, I forget how many exactly and they did. I quite enjoyed small claims and watching them squirm, they had to pay for our time there, parking etc!

PaulC72

I cannot beleive a dealer wouldnt take the car back if it happened the same day that is quite bad.

davegtt

Unfortunately the court says you'd have to go them which is a pain in the ****

fitzscoob

Oh right, I thought it was where you filed the claim?

davegtt

I filled my claim in my home town in Lincolnshire and had to travel to Burton in Staffordshire (I think) where I bought the car when it came to going to court.

fitzscoob

Oh fair enough, I guess I was lucky enough that the ****** lived nearby!

hodgy0_2

small point, but I think it is only if the person you are taking to court requests the claim be heard in his local court

which he would be daft not too, unless he puts his head in the sand and does not bother to reply to any letters

billythekid

If they refuse to pay the court can issue a warrant, so you can then instruct either the cheap and cheerful court bailiffs or, if you so wish private bailiffs.

If it’s for a larger sum I would consider applying for a charge on any bank accounts / property until it’s paid off. This way they can’t go bust and you never see the money - unless of course they don’t own anything or have a bank account - but as they are a business you can do something I suspect.

HTH.

Paullen

iTrader: (2)

I didn't realise that! Jap auto parts came down from Birmingham

timmy2take

iTrader: (7)

Thanks for your help people