Deposit to test drive - refusing to refund *WON IN COURT* - Page 3

wino · 9th July 2008, 11:51

Well done, long time coming.

lets hope you don't have any trouble getting your money back.

jonni2bad · 9th July 2008, 19:32

Joe - that's absolutely wonderful news.

I'm so glad for you and it shows everyone else that you simply must stand up for what you know is right.

CONGRATULATIONS!!!

Don't forget to keep us posted on the return of the money...

joegarthy · 9th July 2008, 23:01

ok - i wasn't expecting a final hurdle....dont the baliffs go marching in if he doesnt pay?

jonni2bad · 9th July 2008, 23:20

Yes, but under your instruction. Lets see if we need it before worrying about how you do it.

They might now see the sense in behaving themselves!

It will only cost them more money if they ignore you.

joegarthy · 5th August 2008, 23:05

ok - ignored.
Which method shall we choose to chase?
Warrant of execution?
Third party debt order?
recommendations welcomed?

is it worth a reminder e-mail to the chap?

JonCris · 6th August 2008, 03:58

Quote:

Originally Posted by joegarthy

ok - ignored.
Which method shall we choose to chase?
Warrant of execution?
Third party debt order?
recommendations welcomed?

is it worth a reminder e-mail to the chap?

Warrant ......... embarrass the buggers

davethorp · 6th August 2008, 18:54

Seconded

As it's a business, the bailiff can break in if necessary and as it's a car dealer, I can't see the bailiff struggling to find goods to satisfy the debt

1970 · 8th August 2008, 10:01

any update?

noomill060 · 19th August 2008, 16:55

Any news about your warrant of execution?

legalpickle · 19th August 2008, 20:54

Any news about the Warrant of Execution?

If it doesn't succeed for whatever reason you need to consider the other options. I wouldn't be surprised if he shuts up shop and opens elsewhere from reading this thread.

A Third Party Debt Order is not much good if you don't have any account details or details of people that owe this scum money.

Did you have any success with the other monies taken off your card fraudulently?

JonCris · 19th August 2008, 22:00

Now that you have a CCJ hit them with a Statutory Demand. That should get a response

MARTIN3030 · 19th August 2008, 22:01

Personally I would engage an enforcement officer.They are quite competitive now and you can get the job done from around 85 quid (What I was quoted by one firm to collect from Citi Financial)

Heres the advantages;

They dont just work 9-5 Monday to Friday-many work weekends and evenings.
They will make multiple visits-not just once and then return the warrant
They have the powers to break into commercial premises and remove goods..
But best of all they act quickly...unlike court baliffs-they dont. give advance warnings of collection.

The obvious incentives to them is that they add their own costs to the value on the warrant....and you still get your claim in full and the costs for their services after they collect.Theres other advantages too which I will not go into here but can say it was enough to sway me.

The important thing is speed-The Respondent can play for time in getting the warrant suspended so make sure you act before he does.
Also make absolutely certain that the details on the warrant are the registered address of the Garage.This is very important in using an EO. Keep us posted.

legalpickle · 19th August 2008, 22:14

Quote:

Originally Posted by JonCris

Now that you have a CCJ hit them with a Statutory Demand. That should get a response

A Stat Demand - to the best of my knowledge - requires a minimum debt of £750, otherwise I would agree. This claim was for £500, even adding interest for a couple of months and the court fees is unlikely to come to £750.

MARTIN3030 · 19th August 2008, 22:17

Weird Al Yankovic · 19th August 2008, 23:15

Quote:

Originally Posted by legalpickle

A Stat Demand - to the best of my knowledge - requires a minimum debt of £750, otherwise I would agree. This claim was for £500, even adding interest for a couple of months and the court fees is unlikely to come to £750.

Not only that but the OP has a default judgment which can easily be set aside.
A Stat Demand should never be used where a debt can be disputed.

legalpickle · 19th August 2008, 23:21

Quote:

Originally Posted by Weird Al Yankovic

Not only that but the OP has a default judgment which can easily be set aside.
A Stat Demand should never be used where a debt can be disputed.

All debts can be disputed, so it must be distinguished between 'can dispute' and 'easy/likely dispute'. The latter is cases like a Judgment in Default. If it was Judgment after a hearing in which the Defendant had shown up, then it would be a 'can dispute' and if it were above £750 a Stat Demand should be used, but even if this case were above £750 - I stand corrected - and a Stat Demand would not be the right move.

Considering that a Third Party Debt Order is no-go - unless the OP does have the Debtor's bank details - I think Martin's post is the next best if the Warrant of Execution has not worked.

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