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Failed reconditioned engine ***Payment Received in Full ***


tiler1
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This case is due preliminary hearing on Thursday 27th April at county court.

 

The judge wants further information so he can decide whether to introduce the other party ( the actual garage which did the work on my car) as well as the current defendant ( the garage i took my car to and paid the money for the repair and received a warranty from with their business details on)

 

I am quite confident with this case. Can anyone tell me the complications of obtaining payment if sucessful....

 

The garage i am taking to court is a trading as business and not limited hiwever the garage the judge wants to now introduce is a limited company. Anything i need to be aware of regarding this??

 

Thanks

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  • 6 months later...

I have today after a 12 month small claims battle obtained judgement against a garage who failed to honour a warranty on a reconditioned engine they fitted which became faulty.

 

Judgement has been obtained for £3700 and the defendant ordered to pay within 21 days.

 

His solicitor asked to apply to pay in instalments however the judge said that would not be dealt with today.

 

I know the defendant ( as he used to be a family friend) and know he is quite well off. He is a sole trader and his garage business is not a limited company. He owns an expensive house with no mortgage attached and also a nice mercedes car with no outstanding finance. His business also owns a few vans.

 

He goes away for a month at a time to America visiting family about 4 times a year as well as other holidays and is currently preparing to sell up over here (house and business) and move to America.

 

Not sure how soon but been told it wont be long off.

 

My questions are.

 

1. If he applies to pay the judgement by instalments is that something i have to agree to or is it the courts decision to grant it or not.

 

2. Is there a way of me proving he has assests which could be used to pay the judgement rather than instalments.

 

3. What happens if he does move abroad and becomes untraceable. Can this be used as a defence to reject hom being allowed to pay by instalments?

 

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generally, if they make a formal app'n for an instalment order, it (the amount offered) will be put to the claimant. if accepted, then it will be court ordered. if not, then it will go to the J to decide in the circumstances. you may be able to present your objections?

if an instalment order is not adhered to, then you can go for enforcement

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Time to now name names to warn others to avoid?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My questions are.

 

1. If he applies to pay the judgement by instalments is that something i have to agree to or is it the courts decision to grant it or not. The application goes to you for consideration..if you reject the court may impose a monthly figure

 

2. Is there a way of me proving he has assets which could be used to pay the judgement rather than instalments. No need to..... reject the monthly offer and go straight to execution

 

3. What happens if he does move abroad and becomes untraceable. Can this be used as a defence to reject him being allowed to pay by instalments? If the court override you ..you have no say it will be set monthly...if he becomes untraceable...wave good bye to your payments and think carefully about point 2 above

 

Andy

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When you say go straight to execution you mean recovery by other means ie transferring to high court and involving court enforcement officers...or third party debt order ect.

 

Correct...but only after 21 days

 

Threads merged.....

We could do with some help from you.

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So i reject the instalments then commence execution but during this time the court could still overide and set instalment agreement if they see fit

 

Makes no odds since the changes of 2011...whether they are up to date or in arrears..you can still execute

We could do with some help from you.

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one way may be a charging order for example (which can be done even where there is an up to date inst order).

if there is an inst order, and it is not adhered to, then can go for direct enforcement (thats what i meant :))

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Sorry for sounding numb. So even if the court authorise instalments against my will i can still execute by way of high court at any time even if he is not behind with said instalments?

 

Correct...a judgment claimant (You) can exercise your rights to execute further......in your particular case because of the impending emigration factor..even more so.

 

As Ford states above....you could for example agree a substantial monthly payment in the interim but also place a charge on his UK home as security in the event of default payment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Sent the defendant a letter last week stating if the balance was not paid in full within the time limit then I would put a charge on his property and included a copy of the land register so he knew I had been enquiring.

 

Payment received in full today.

 

Thanks for everyones advice.

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hey well done!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Sent the defendant a letter last week stating if the balance was not paid in full within the time limit then I would put a charge on his property and included a copy of the land register so he knew I had been enquiring.

 

Payment received in full today.

 

Thanks for everyones advice.

 

Well done tiler...threat of execution normally brings results :wink:

 

Thread title amended to reflect the outcome.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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