Jump to content

tiler1

Registered Users

Change your profile picture
  • Posts

    117
  • Joined

  • Last visited

Everything posted by tiler1

  1. Thankyou....relief its all over. Been a long 12 months!
  2. 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.
  3. 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?
  4. 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
  5. 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.
  6. 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? Thanks
  7. Been to see the store manager today. After a bad start telling us there is nothing he can do to reslove the matter I advised him I woild be rejecting the whole suite and cancelling the finance aggreement. And then sudden u turn. Said he was happy for us to pick another suite of our choice as long as we were willing to wait delivery again which will be after xmas. We are able to keep the existing suite for use intil then with no charges. I will be asking for all this in writing when we choose the new suite in the next day or so.
  8. All we have in writing is the order which says grey however dfs version of grey is quite obvioisly brown. We were told by the sales guy in store that the one on display looked brown because of the lighting in store and woild not look like that elsewhere We are rejecting it on the fact that tje 3 seater has turned up with just 2 seat pads. That is not what we asked for and the listing on their website only shows dimension diagrams of 3 seaters with 3 pads which is what we asked for.
  9. Hi. 8 weeks ago we ordered a new 3 pc suite from DFS. It was delivered today and we have a few issues we are not happy with. First one is that we ordered a 3 seater sofa and at the time were debating on a reclining one which had 3 seperate seat pads however opted to go without. we ordered a fixed 3 seater sofa which the sales man told us would be the same with three pads. Today it has turned up as a 3 seater with just 2 pads which is not what we wanted or ordered. When i checked online the dimensions photo shows 3 seperate pads and there are no 3 seater options with 2 pads advertised. Secondly the colour which is supposed to be grey ( as it says on the swatch in store) looks very brown. Three visitors have come round tonight and all said its brown not grey. Ive phoned the helpline about the colour and the operative said he always tells people who order this colour online that it is more of a brown than a grey ( even though its called grey?) When we ordered in the shop i did question the colour as the display one was grey and the sales man said it was just the lighting in the store making it look browny but it was definatley grey. Well its not!!! Thirdly i was sold " easy gliding feet" for an additional £50 which I was told were upgraded feet from the standard. These were self adhesive plastic pads put on the bottom of standard feet when the delivery guys installed it today. Probable cost about £5 from a diy store. Very unhappy. Purchase was taken on 4 years interest free credit 8 weeks ago. Where do we stand on rejecting this?
  10. UPDATE After pressuring the seller of the van on the phone it turns out he values his knee caps higher than his wallet. He has paid the outstanding balance of £3874 to Varooma and the issue is now resolved. One question I now have is I've been told that for the past 18 months I have not been the owner of the vehicle as varooma owned it. Would this has rendered my insurance cover void had I have had to make a claim?
  11. If they HPI the vehicle with the new plate then it will bring up the original plate on the results and they will then know it's the same vehicle. I will see Whether seller rings loan co tomoro as he has stated he will.....and see what they say regarding moving forward
  12. It's taken home each day by a member of staff. It comes to our premises in the morning to be loaded and is then off on it's rounds. Comes back twice to reload for 10 mins then is taken home again at end of day by staff
  13. What is the situation if I have had several thousand pounds worth of work on the vehicle. It is a hot and cold sandwich van and I have spent over £3000 on new ovens and fridges and inverters ECT. Legally I own these so how does this affect the situation of a repossesion.
  14. Possibly yes just a repo co. I'm expecting them at our workplace tomoro as they won't put the matter on hold. The van is has a different reg plate on it so hope this will sway them and although it needs to be at our premises for loading several times a day we will try and keep it away as much as possible until we can deal with the matter properly. I still have contact details for the seller and have spoke to him on the phone today. He is apparently going to speak with the logbook loan company tomoro.
  15. I appreciate the reply. However I have no record of the HPI. It was all good at the time and was deleted from my phone some time later. I can't even remember the company I used.
  16. On 25th March 2016 I purchased a van to be used for my business. I carried out an online HPI check before agreeing a deal which was clear of finance. Unfortunately this was on my phone at the time and no longer have a trace of it as it was 20 months ago. I paid £5000 cash and received the log book on the day of sale. Today I had a note posted at my home address from a bailiff company. On ringing their office they informed me they had attended to reposses the vehicle. They told me to ring another company called Varooma to whom explained the situation and have now sent a new keeper questionnaire to them detailing the sale. They have said that I will be liable to pay the debt owed or the van will still be repossessed however at this stage have not told me what the amount is. They said there will be a meeting with a manager tomorrow and they will then inform me. Problem is this vehicle is my lively hood but will also affect the jobs of 3 other staff if this vehicle is taken away. Any help or ideas would be appreciated. I have also now got the Bill of sale registration number which I will check with the high court that it is valid.
  17. Ok thanks all for the advice.
  18. Hi...yes im aware i can do nothing until judgement. Just trying to find out options and what i need to bring to attention of judge while im there if successful.
  19. Hi. Thanks for your reply. Yes he owns his own property with no mortgage on it and i am fully aware of the address. I am aware of his wealth as we were once good friends however i am still friends with a relation of his who can also vouch for this. He has told me he will be selling his house soon to emmigrate. Regarding his business i know he owns the building and the assosiated land along with all the business equipment within it and nothing is financed. So does the decision to accept instalments come down to myself?. Can I stipulate it is strictly paid within 1 month and if not start enforcement?
  20. Hi. I am part way through a court case against a garage who would not honour a warranty on a faulty reconditioned engine they supplied and fitted. The case has been before a judge at a preliminary hearing and the defendant was advised to end the case and pay due to a poor defence. He opted to continue to a final hearing which is in a few weeks. I am confident about the case however i am concerned that if i am successful the defendant wont pay the £4000 cost within one month and may apply to pay monthly. He is the type to do this to get back at me even though I am aware he is quite wealthy. I am also concerned as he has plans to emmigrate within the next 12 months and should he be allowed to pay a small amount monthly it would not be enforceable once he has emmigrated? He is a sole trader business not limited and I just wondered if there is anything I can apply for if I was successful with my claim to prevent him paying in small instalments rather than in full. Thanks
  21. 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
  22. I took car to a local garage and they said they could source a recon engine (block and cylinder head) and fit all the ancillaries from my existing engine. It wasnt until this engine failed in november that i actually found out ALL the work had been done by a different garage. Update of this case: I have commenced small claims proceedings and now at the stage where the defendant has just today submitted his defence. There is nothing contained within the defence apart from a few lies about facts however these dont really give him any further hope. What has concerned me is his solicitor has put a note on the bottom of the defence saying they are submitting a part 20. If liable the defendant will pursue the other gargae who did the work on his behalf for the cost of the claim. They are not introducing the third party at present but will if they lose the claim. If i was successful in my claim and judgement made would i then have to wait for payment whilst the defendant and part 20 fight it out, or does payment still have to be made and then they deal between themselves?
  23. Just after some information if possible. Last weekend my mother in laws house was broken into whilst they were away for the night. The burglars managed to bypass an alarm which was set and stole property. They managed to rip out a small electronic safe which was inside a cupboard and bolted to the wall. Although the safe was locked the theives had gained access to it without causing damage which surprised us and the police. Since then we have been made aware that there are several videos on the internet showing the exact make and design of safe and how to access it without any codes, keys or tools. The video simply shows a locked safe and someone banging the top of the safe whilst turning the access knob. After approx 5 knocks it opens easily. Although the safe was purchased some 13 years ago and no tracenof the receipt would they have any kind of claim against the manufacturer as the goods are not fit for purpose however this has only just come to light. There was £4500 cash in the safe at the time which was taken. Thanks
×
×
  • Create New...