Hi again, Does anybody know how I fill in a A293a form or has anybody got a template I can Follow please?. I have searched the forum and the web but I can not find anything and don't want to get it wrong. Also when I fill it in am I allowed to add interest from the date of judgement to the total amount owed?. Thanks in advance. Andy

Ok Im still confused but lets make a start, 1 Do you have any bills etc with your details on linking you to these 3 accounts ( Ideally around the time the transfer was made) 2 Can you get similar bills from your friend with her details linking her to the accounts (you should be able to pull bills etc off of the orange website) 3 If you can not you and your friend must phone orange and request all your bills dating back to the start of the contracts. ( there may be a small charge) 4 Once you have these you need to think about drafting a letter to customer services and clearly explaining the problem showing all dates that are important to the transfer, if you have a copy of the original letter requesting the transfer include a copy of that as well. If you have proof they gave your friend your itemised bill ie you can show the contract was still in your name at the time of the bill you can also mention they have breached the data protection act and if they fail to assist you within 14 days you will be taking this issue up with the communications ombudsman. 5 Once you have these I would recommend you phone orange and explain there is a problem with your account/contracts due to their mix up so you have cancelled your DD and you require them to send you a bill each month so you can go to the bank to pay it or pay over the phone,( no point getting bad ratings on your credit file for non-payment)

It's a bit hard to understand everything you wrote so please break it down. So in short you had 3 contracts and asked orange to transfer 1 to your friend, leaving you with 2?, did orange transfer all 3 contracts to your friend? and what paper work do you have to show what you asked to be transfered?

Bugger!! lol

This is whats getting to me, I know he buys the cars from auction but doesn't register them in his name but the county bailiff said unless the cars are in his name he can not seize them, which I find ridiculous because they are all sat on his drive and if you look on autotrader for them it's him mobile number and home number, now that to me is enough proof. I have contacted my local auction houses to see if they could tell me if the cars had been sold through them, No details just if they have sold them but all i get is No because of the data protection act, do you know if I could request these details under the freedom of information act as they could have a baring on my case?

I think you are right, other than the information the pair of you have given to me, I was convinced that if the bailiff failed to recover anything I had no other option, So I could not see why he would continue to try and appeal, surely if he knew the system he would just not answer the door to the bailiff and wait to see what my next move would be?

Thanks TD that looks like a good idea to use the n316 when I looked at the questions it basically asks I though wow I wouldn't want anyone knowing my business like that so I might go down this route. You say I need good reason to do so, surely that fact that he hasn't come up with the money but can go to the car auctions and buy more cars to sell Shows he is deliberately ignoring the judgement and doesn't intent to pay me the money is good enough to call him to court again?. thanks for the advice by the way it really helps.

I am yet to look into this purely for selfish reasons ie I want my money first, I first contacted trading standards back in October last year and gave them at least 20 different cars he was selling around the time I bought mine, they gave he a warning that he should register the business but he has not and also they have done nothing to follow up, I really do feel let down by the whole justice system at the moment, especially the Judge as when we were in court I explained we needed the 4x4 because we have a 4 year old girl that has leukemia and the year before we got snowed in so the police had to use their 4X4 to get her medication to us and I explained this at the time of purchase to the seller but does any body care!, She has finished treatment now just if you are wondering.

@ Ploddertom This bloke advertises on autotrader as a trader but after some chatting with trading standards I have found out he isn't a registered business, which the DJ didn't seem to care about at the time. I am getting very frustrated because this has been going on since Feb and I have to drive past his house every day to work and all I see are the cars changing on his drive every other day. The county bailiff has failed twice to recover anything so I think it's time to up the game with him.

Ideally that is my last resort, It's just over 2k that is owed so possibly worth doing if all else fails, I was hoping that is I Writ from the high court and use a different bailiff that might be enough to recover the debt.

Hi could anyone advise me of what my next step could be after bailiffs fail to recover a debt, I am owed a sum of money after being sold a clocked car but even after winning the case and getting a warrant of execution I am still left with nothing as the defendant keeps trying to appea to every order the court makesl Which just delays payment This has been going on since Feb this year so I was wondering if I could get the case transfered to the high court or Is there another method I could use. Any help would be great as I have just come back empty handed from the CAB because they don't know what I can do.

From what I can work out if you asked the question about history etc and didn't get the correct answers from the seller and can prove this,yes you can take him to court for failing to disclose information that may risk the buyer pulling out of the purchase. But as a word of warning I bought a car that had been clocked back in sept 2010 and I won the court case but I am still trying to recover the money, If the amount you want back is less than £600 I personally wouldn't bother as although you should/could win the case you wont be able to send in the bailiff if it gets that far and the court cost me £370 + time off work and other expenses of which I wasn't awarded so you could end up throwing more money at it than what you might get back.

Hi all sorry to drag this all up again but i am looking for a little bit more advice if possible. After receiving the judgement order the defendant sent a letter to the judge asking for clarification of the order. This letter was sent on the 14th march 2011, now today 21st june 2011 i receive a letter from the court with her response. Between these dates I have telephoned the court every week asking if the judge has sent her response to which i was told no bla bla bla (excuse after excuse). So I sent a letter to the court manager on the 10th May asking for a reason why it should take so long to get a response to a letter, 2 weeks later I called the court again to see why I had no answer from the manager, only to be told they didn't have a record of my letter. (ok should have sent it recorded) I continued to call the court every week still with no answer, so on the 15th june 2011 I hand delivered another letter to the court, this time a formal complaint for the way my case has been handled and the fact that over 3 months had passed and I still hadn't had a response. then today I receive a letter back from the court, not about my complaint but the judges decision and admittance to making a mistake and it only seems to complicate the case more to my way of thinking. In the letter I also asked how i could go about seeking compensation for the way my case has been handled and the fact that the judge didn't allow me to request my costs. If i can i will upload the letters i sent to the court and the response from them, and if possible could someone tell me where to go next with this in regards to escalating this complaint. thanks Andy first letter.doc second letter.doc courts response.pdf

Thanks for the reply THE MOULD but are you saying I keep the car and get the money, I don't particularly want it but also don't want him to be able to take me to court over it for some stupid mistake.

Hi again following my small claim case I have received my General Form of Judgment, I would just like a quick bit of info if anyone can help. Basically all it says is 1. The case is proved 2. Damages are assessed at £2300 3.Judgment against Defendant for £2300 My Problem is during the case the judge said I must give the car in question back when the defendant pays me the money, now there is no mention of this on the GFJ so what has she actually awarded me. Also there is no date on when this should be completed by and it has already been 12 days since the case and the defendant hasn't even contacted me. I called him to say the car has been valeted and is ready on day 7 but nothing in return, how long should I wait before taking the next step of action if there is any to take?. thanks once again for taking the time to help. Andy

Hi just a quick update on this case, I have received the final paper work today and it has confused me all the more, All it says is this. Upon hearing the parties and oral evidence and upon considering the documents IT IS ORDERED THAT 1.The claim is proved 2.Damages are assessed at £2300 3. Judgement against defendant for £2300. Dated 25th febuary Now from what the judge said I have to return the car once I have it valeted and he has to pay me £2300 but there is no mention of me having to return iton the general form of judgment or order, so do I take this as is or do I return the car. I am confused because maybe this is why she didn't add my costs to the case.

Thanks for the quick replies, it's really got to me that this is our justice system, I did put the costs on the initial court paper work but as you can not for see how long it will take to get to court you have limited knowledge of what costs will arise. Thanks the-shadow i will be calling the court tomorrow and see what they have to say but i don't hold much hope as the judge just wasn't really interested in the first place, Even when i said i was prepared to negotiate at mediation and he was not her words were basically "i dont need to know the in's and out's of that as far as i am concerned mediation was a failure." All i hope is trading standards follow this through, that might give me some comfort.

Hi all, please could anyone give me some advice, i am sorry if i have posted this in the wrong section but im sure someone will point out the correct one. I have just had my small claim hearing and was awarded the win, the story behind the claim was in september i bought a landrover second hand from what seemed to be a private seller for £2400, one week later i found out the car had been clocked by over 100,000 miles so went back to the seller and asked for a refund, it turns out although not registered he is classes as a trader because of the amount of cars he sells, anyway after waiting and waiting for the refund of which he verbally agreed i ended up contacting consumer direct and eventually trading standards. Trading standards tried to act as a mediator and arranged two seperate dates with him to refund the money( of which he didn't turn up and ignored my calls) so after sending two letters giving him 21 days from each to respond i filed my claim. At first the court ordered mediation via telephone of which he spoke to the mediator and said he wanted to go to court so off we went on friday 25th. I went with all my paper work showing the proof of the clocking and some other faults which he agreed to repair and did not, he turned up with nothing, I told my story and he told his with the judge questioning us both. The judge ruled that he was in the wrong under the sales of goods act and awarded me the win. now this is where i think she got it wrong and i don't know how to respond to it. The way she made the ruling sounded wrong to me, she said he had to refund the cost of the car and i had to have it valeted at a cost of £100 due to it being covered in mould because it has sat on my drive for the 6 months it's taken to go to court. I have no problem with that but then her final ruling of which she wrote down was that i had to get it valeted for £100 and he had to give me £2300 when he collects it.Suddenly i'm £200 down on a car that was sold illegally, then on top of that she made no mention of the court cost and my other costs of keeping the car insured just in case it is stolen or damaged while in my possesion or the time i had to take off work for the court date etc. Other than appealing is there a way to question her ruling and getting it reassesed as this just doesn't seem fair especially as he has been trading without registering the business. All in all i have lost £500+ buying a clocked car and he gets the car back to resell to the next unknowning person