In all this time you've not even told us what it is you have actually claimed,

what is the order you have from the court,

or posted up any document from the court.

All you keep saying is that the information is irrelevant and we don't need it.

Then you moan about been given bad advice when you've not given any pertinent information to be able to even give you any opinion on the merits of your case.

You said in November you have a court order in your favour plus all costs awarded

but now deny that even exists

how in gods name do you expect to be given any meaningful advice when all you do is post cryptic meaningless nonsense

. As you have never posted up even one doc from the court

I'm sure I'm not the only one who thinks this entire thread has been one long Jackanory from start to finish.

That coupled with the fact that you begrudge wasting postage or an hour of your time trying to sort out the cheque with the defendant,

yet you had no problem wasting 2 years of your life pursuing this

and wasting 2 years of everyone else's time by trawling through 24 pages of puerile nonsense containing no actual facts or substance to what the hell it is you have done or received from the court regarding this case

- yet it's now everyone else's fault.

I actually feel sorry for the defendant.

again, completely ignoring pertinent points that i've already made..

.copy and pasted from an earlier post...

"You've been given a cheque you can't cash,

and been drawn into a battle of "who can be the most stubborn (or, petty!)"".

..no, and as mentioned earlier,

why do you assume that when the cheque gets returned,

he will actually send me a properly completed cheque?

why do you assume that he wont turn around and say that he received an empty envelope in the mail although it was sent via recorded delivery?

he is clearly not a trustworthy individual. therefore, sending the cheque back does nothing but delay things.

You are right : 100%.

You've discovered a new technique loosing defendants can use : send a cheque for the judgment sum, with the wrong payee & the amount in figures and the amount in numbers mis-matching,

It is genius! Foolproof!

It stymies the successful claimaint 100%.

The only draw-back : it relies on the claimant being "needadvice1" to work ..........

Why did you wait from November until January? Ohh, hang on, that is one of the many points inconvenient to you that you want to brush aside.

You've been advised on a number of ways forward.

Don't want to try the "send the cheque back route" : fine, use one of the alternatives that have been suggested.

Or you can sit there wailing how you've had poor advice all along (any deficiencies in the advice appear to be from you not following previous advice or not giving all the relevant info to allow more focused advice!), and how it is all so unfair that you have to follow process.

Look at the 25 pages of this thread over 18 months.

Then look at how many pages are people saying "you haven't given us the details we need"

Then work out how long you waited for the cheque (why??), and how much time you've spent arguing. You could have taken him the cheque and got another for the time you've spent!

But no matter : it can't be your fault in any way can it?

It is a self help site : time to start helping yourself.

again more digs and taking what i've said completely out of context

in order to turn this into some weird sort of entertainment for yourself.

"You could have taken him the cheque and got another for the time you've spent!".

..why the hell should i???

why doesnt he come to me??

why dont you present that as an option??

how do you know that when i go there he will actually give me a correct cheque??

how do you know that he wont take his old cheque back and tell me to do one????

how do you know that me going to see him wont escalate things into physical violence???

i'd rather get the money later and with less hassle,

i dont really care if i get it now or in 3 months, as long as i get it eventually.

i have other things going on in my life,

i would rather spend time on them than spend 2 hours plus going to this muppet

and having to use physically restrain myself around such a lowlife.

anyone ever going to respond to what im asking about?

i.e. what me possessing this dud cheque means

and what reason the hceo would have to not pass their costs onto the defendant.

You've had the answers.

(A non-HCEO way forward, a HCEO-based way forward) that make the dud cheque meaningless - so "what me possessing this dud cheque means" becomes irrelevant.

" what reason the hceo would have to not pass their costs onto the defendant." ; what reason, beyond the answer you've already had!

If you feel "people are taking digs" ; you'd be better served looking at why people have become exasperated with you.

You've had answers . It is just you can't / won't accept them, rather than you not having been given answers.

well the cheque issue doesnt seem to be that clear cut here because someone was saying something about giving the cheque to the hceo.

why would i need to do that if its a dud?

that's why im asking the question that i am.

"what reason, beyond the answer you've already had!"

the answer ive had which makes total sense is that the defendant isnt able to pay.

i asked if there are any other reasons

(and specifically cheque related)

-no answer.

i had an answer from you

-you said to send the cheque back by post

-that was not good advice.

you also said to take it back in person

-again, not good advice.

i have to ask questions rather than blindly trust,

there two examples prove this.

i have to think of all eventualities myself rather than trusting others who are unaffected by the outcome.

It's very simple, post up a copy of the judgment order. But you won't do that and keep saying it's irrelevant so how can people advise without seeing what it is you have actually received from the court. If you think it's irrelevant then the whole thread is irrelevant as there's no point knocking when there's no one home.

Both are reasonable options to others.

I've also said "send the cheque back with the HCEO" (not because it is necessary, but it might just shut you up!))

If you take either of the two options (HCEO and non-HCEO) options and the defendant says "but I've paid by cheque" : Do you think they'll say "oh well, we believe you, all sorted then" !

who do you think the onus to show the cheque has cleared falls upon?

Do you think the courts and HCEO's have never seen someone issue a hooky cheque before (or claim "I've paid by cheque") before??

You've had the advice. Take it or leave it.

"Error 707. Resources required to help this user exceed available system resources"!

"Error 707. Resources required to help this user exceed available system resources"!

Time for a break chaps..this is going nowhere and I have not the time or patience to monitor it all day.

Thread temp closed.

Regards

Andy

i instructed bailiffs.

they sent me a letter saying they were going to collect the money etc yesterday

(i'm guessing they sent this to the defendant too because of the following).

today, i receive a cheque via royal mail special delivery from the defendant.

i have a slight issue

-i've paid for bailiffs and i have a cheque now that covers the debt (excl bailiff fees).

how do i recover bailiffs fees?

is the cheque now viewed as partial payment of the debt

because it doesnt include the £110 bailiff fees?

do i need to contact the bailiffs and tell them the debt excl bailiff fees has been paid

(although not cleared) and so they will only chase the £110 now?

any help is appreciated.

thanks

Yes, tell the bailiffs

ok and i'm guessing they will just recover the £110 bailiff fee instead?

OP's previous car mechanic thread was:

http://www.consumeractiongroup.co.uk/forum/showthread.php?447187-Car-mechanic-problems!&p=5000526#post5000526

Does this need merging to that thread? (and bear in mind that thread got closed.........)

yes merged

dx

ok and i'm guessing they will just recover the £110 bailiff fee instead?

...?

...?

!...

!...

what do you want? go away, stop sticking your oar in. you dont want to help, so just get on with your life. you try to "help" people by talking to them as if they know everything about the law already-pretty idiotic. news flash, if they know everything already, they wouldnt be here asking for help! lay people come here for help, if you dont want to be helpful, dont comment.

pasting my question from the last page that got lost due to needless interruption....

so i'm guessing the bailiffs will just recover the £110 bailiff fee instead of the total debt as i now have what looks like a valid cheque?

i'd await the cheque to clear...

gotta give a thumb up to the defendant

he played every trick in the book and stitched you up like a kipper.

sadly you left yourself open to most of his tricks.

is the cheque a personal account of his or a business account?

tell the bailiffs to continue

inform them you have a cheque for £XXX but that doesn't include their fees...

and is yet to clear.

you'll have to pay them their fees yourself anyway.as that's your contract

so they'd better finish their job.

what do you want? go away, stop sticking your oar in. you dont want to help, so just get on with your life. you try to "help" people by talking to them as if they know everything about the law already-pretty idiotic. news flash, if they know everything already, they wouldnt be here asking for help! lay people come here for help, if you dont want to be helpful, dont comment.

I give people advice based on my understanding of the law.

If they want more explanation, they need only ask. Sometimes what I post is adequate, or allows them to find the resource they need. If I post things too simply, I'll get criticised by some. Too complex, I'll get criticised by others..... damned if you do, damned if you don't.

Your thread is at 23 pages / over 460 posts, and almost 2 years now ..... This is a reflection of you saying you want advice, but you don't actually take it / act on it.........

460+ posts, and you craft (with loving care, and such great effort) a post of "?..."

I'm not sure the site allows you to post anything shorter ......

I'm keen to help people, but those who want to help themselves. If you want to look like you just want to argue and don't want to put effort into helping yourself.... carry on as you have been doing.

My reply to someone more amenable to reason would be:

a) Who are the 'bailiffs' you have instructed?, someone may be able to point you to the information (that they they supply on instruction) that deals with this situation.

b) The Defendant has played games with a cheque before.... why would you trust them this time around?. If you don't cash the cheque the Defendant won't be able to prove it has been paid when the HCEOs visit them ... The Defendant could have sent you an empty envelope by Special Delivery........

c) If you are anxious about saying "cheque? what cheque??" : Contact the HCEO ..... if need be leave a message on their office ansaphone, or use their out of hours contact ... if the HCEOs end up doing no work and don't attend they might return your fee. We don't actually know the HCEO has sent the enforcement notification .... the defendant might be playing further games ....(I'm using the term HCEO rather than bailiff here, though I'm sure I'll be criticised for using the correct term, even though if it is a member of County Court staff or an HCEO is a relevant point for anyone replying!). It is an HCEO, right?.

They may tell you to cash the cheque, or they may say "enforcement started, don't cash it, we'll recover the whole sum".

Why so many options?. So I'm not saying one 'best advice' option that you can then ignore / argue with for the sake of it.

i'd await the cheque to clear...

 

gotta give a thumb up to the defendant

he played every trick in the book and stitched you up like a kipper.

sadly you left yourself open to most of his tricks.

 

is the cheque a personal account of his or a business account?

 

tell the bailiffs to continue

inform them you have a cheque for £XXX but that doesn't include their fees...

and is yet to clear.

 

you'll have to pay them their fees yourself anyway.as that's your contract

so they'd better finish their job.

how did i leave myself open to this? I am not sure this is actually avoidable.

i believe it's a cheque from his business account

i've already paid the fees for the bailiffs

can i tell them to disregard the cheque because he's not trustworthy and get full payment via bank transfer from him and i can rip the cheque up?

I give people advice based on my understanding of the law.

If they want more explanation, they need only ask. Sometimes what I post is adequate, or allows them to find the resource they need. If I post things too simply, I'll get criticised by some. Too complex, I'll get criticised by others..... damned if you do, damned if you don't.

 

Your thread is at 23 pages / over 460 posts, and almost 2 years now ..... This is a reflection of you saying you want advice, but you don't actually take it / act on it.........

 

460+ posts, and you craft (with loving care, and such great effort) a post of "?..."

I'm not sure the site allows you to post anything shorter ......

 

I'm keen to help people, but those who want to help themselves. If you want to look like you just want to argue and don't want to put effort into helping yourself.... carry on as you have been doing.

 

My reply to someone more amenable to reason would be:

a) Who are the 'bailiffs' you have instructed?, someone may be able to point you to the information (that they they supply on instruction) that deals with this situation.

 

b) The Defendant has played games with a cheque before.... why would you trust them this time around?. If you don't cash the cheque the Defendant won't be able to prove it has been paid when the HCEOs visit them ... The Defendant could have sent you an empty envelope by Special Delivery........

 

c) If you are anxious about saying "cheque? what cheque??" : Contact the HCEO ..... if need be leave a message on their office ansaphone, or use their out of hours contact ... if the HCEOs end up doing no work and don't attend they might return your fee. We don't actually know the HCEO has sent the enforcement notification .... the defendant might be playing further games ....(I'm using the term HCEO rather than bailiff here, though I'm sure I'll be criticised for using the correct term, even though if it is a member of County Court staff or an HCEO is a relevant point for anyone replying!). It is an HCEO, right?.

They may tell you to cash the cheque, or they may say "enforcement started, don't cash it, we'll recover the whole sum".

 

Why so many options?. So I'm not saying one 'best advice' option that you can then ignore / argue with for the sake of it.

a,b,c taken on board. very good and helpful points. thanks

if hes writing out cheques then he has the money

give the cheque to the HCEO's

tell them to take it around to the defendant

give it back

and not leave till they get the full amount in cash.

stop faffin around.

dx

if hes writing out cheques then he has the money

give the cheque to the HCEO's

tell them to take it around to the defendant

give it back

and not leave till they get the full amount in cash.

 

 

stop faffin around.

 

 

dx

Advice the OP had back in February, but didn't want to take.......

Both are reasonable options to others.

 

I've also said "send the cheque back with the HCEO" (not because it is necessary, but it might just shut you up!))

 

If you take either of the two options (HCEO and non-HCEO) options and the defendant says "but I've paid by cheque" : Do you think they'll say "oh well, we believe you, all sorted then" !

 

who do you think the onus to show the cheque has cleared falls upon?

Do you think the courts and HCEO's have never seen someone issue a hooky cheque before (or claim "I've paid by cheque") before??

 

You've had the advice. Take it or leave it.

 

"Error 707. Resources required to help this user exceed available system resources"!

I did actually send the original cheque back. Thanks very much. Back to giving digs lol

I did actually send the original cheque back. Thanks very much. Back to giving digs lol

20th February, post #392:

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.

On the 22nd February, post #431 you said:

well the cheque issue doesnt seem to be that clear cut here because someone was saying something about giving the cheque to the hceo.

why would i need to do that if its a dud?

that's why im asking the question that i am.

 

"what reason, beyond the answer you've already had!"

the answer ive had which makes total sense is that the defendant isnt able to pay.

i asked if there are any other reasons

(and specifically cheque related)

-no answer.

 

i had an answer from you

-you said to send the cheque back by post

-that was not good advice.

 

 

you also said to take it back in person

-again, not good advice.

 

 

i have to ask questions rather than blindly trust,

there two examples prove this.

 

 

i have to think of all eventualities myself rather than trusting others who are unaffected by the outcome.

So, you were still arguing about sending the cheque back, (& also didn't like the option of sending it back with HCEOs)

You may have come to your sense and finally sent it back, but;

a) you hadn't told us that, and prior to that

b) you were arguing about it last you updated the thread.

How dare we not be psychic!.

Mind you, it is always someone else's fault, never yours, which led to Andy noting:

Given that I have advised mostly on this thread I think it unfair to state that you was given bad advice..as most of the errors are in fair down to you in not doing as advised......

 

Andy