Costly small claim!

[tysonn]

In May 2009 I gave a set of leather car seats plus a £500 deposit to a local car restorer for reupholstering.

 

He reckoned his partner(350 miles away)would do an excellent job on them and he would transport them there and back again as he was constantly in touch.

 

The chap had done several jobs on cars for me in the past and to all intents and purposes had a good reputation locally.I couldnt find anybody local to do the seats.At that time I was in no rush as I was restoring the car.

 

I was assured several times in the year that they were coming on fine.In October I was ready to refit the seats.This started a constant series of excuses and false promises with no sign of the seats.The phone numbers the local chap gave me for the trimmer were dead so I could only keep on at the local chap.

 

In November I received an email from the trimmer apologising for the delay saying they would be ready that weekend and he would arrange their delivery.Nothing happened!I gave it a couple more weeks and had another moan that resulted in a phone call one evening from the trimmer with similar excuses.

 

Stupidly I let this go on until February this year until I got an email from the local chap saying that as My deal was with the trimmer he wanted no further to do with this.lMy messages the the trimmer went unanswered.I then started to hear reports that the local bloke was owing money all over the place.

 

I went through the small claims procedure through a solicitor as I had used it online several years earlier and although I got a judgement I never got a penny.I thought the solicitors involvement would add weight.He recommended taking both parties to court in case one blamed the other.

 

Neither party filed defence to the claim and I got default judgements against both parties.Neither party offered any reimbursement so on the solicitors advice the court bailiffs were hired.One bailiff never got to talk to the local chap and although the trimmers bailiff put a levy on his car he said the car belonged to a customer and several items of paperwork were supplied to verify this.

 

Now the trimmer has applied to have the judgement lifted(court hearing tomorrow the 6th).I am almost 60 years old and have emphysema and have retired early and receive Disability Living Allowance.

 

We have savings so dont qualify for Legal Aid.The trimmer apparently is receiving benefits that entitle him to Legal Aid(this seems odd as he is well known in the Classic Car trade and his name is regularly in the Classic Car press).

 

Basically what I am saying is that the system must be wrong!I have lost the seats of a 63 year old car.£500 depsoit that the guy wanted as a deposit to buy the hides to recover them.£100 for 2 Small Claims,£100 to engage 2 bailiffs,£150 for 2 bailiffs fees and a solicitors bill of £470.I couldnt afford to hire a solicitor to attend the hearing tomorrow to get the judgement lifted(£200+vat).

 

All of this has cost the trimmer nothing and it looks like the taxpayer will be funding his appearance tomorrow.I have learnt that apparently the only people to benefit are the crooks that took the stuff and the legal profession.If anyone has any suggestions(apart from how naive I have been)as to what next feel free to comment.

Edited September 6, 2010 by citizenB
Just put some spacing in for easier reading

[slick132]

Hi Tysonn and welcome to CAG.

 

I'm sorry to hear of your experience with this matter.

 

It's long been the case that getting a judgement against someone is not always the end of your problems. Extracting money from them is another matter entirely.

 

Re the hearing on 6th August, was this an Application to have the judgement Set-Aside by one or both Defendants.

 

And what was the outcome.

[tysonn]

Hi thanks for your reply.Yes the hearing was for exactly that and apparently was sucessful.My solicitor is still waiting to hear the reasons for the setting aside(I am 350 miles away from the Court that did the hearing).It beggars belief that the Defendant could offer no defence during the allocated time given before the CCJ was issued yet can then go back afterwards to get it lifted using taxpayers money to get legal aid and to do anything about it I would have to be prepared to throw away even more money with no hope of being reimbursed!

[slick132]

Hi Tysonn,

 

Wait and see what reasons are given for the CCJ being Set Aside.

 

Then decide if it is worth your further involvement.

[pop_gun]

i'm wondering if you can get a court order on his income. bailiffs are a waste of time.

[maroondevo52]

Thread moved to Legal Issue.