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Yes, you should definitely turn up at the hearing and try to get judgment. Never ever assume that a hearing has been adjourned unless the court has actually confirmed it. Good luck for the hearing!

 

I personally would show the google page incident to the judge and try to use as evidence of unreasonable conduct to get an additional award of costs on top of the claim amount (prepare a brief schedule of costs with an estimate of the time you have spent on the case at 18quid an hour if there is time).

 

I doubt the judge will be particularly interested in the exact date on which the bundle was delivered in a small claims case.

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Another development.

 

 

I dont want to divulge too much here but now the moron has contacted members of my family and I think he is trying to blackmail them.

 

 

He has discovered something he considers to be an impropriety and is asking the family connection

 

 

what shall I do with this piece of information - shall I send it to HMRC.

 

 

The family connection is ignoring him as there is no issue but where is this going to end?

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Blackmai is a cirminal offense, report it to the police

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...

Hi, I would like to report following the court hearing.

 

 

We werent even asked to take oaths.

The cowboy turned up and lied from start to finish.

 

 

The judge mainly listened to him even though he had absolutely no evidence to substantiate anything he said.

The judge treated me as if I was an idiot who had misunderstood the cowboy.

 

 

In the end the judge found in my favour only on the "breach of contract" element but for a very small amount

which was just half of the refitting cost of my kitchen plus the court costs.

 

 

The judge didnt even award me half the cost but half the estimate which was even lower than half what I paid.

I am in complete shock as to how a judge can be like that given it was my claim

- the judge just let him talk non-stop as if he was the claimant.

 

 

In the end when he heard the judgement he got huffy and did not accept it and said he wanted to appeal.

I wonder if he will or if he does, it might be better for me too.

 

 

Are all judges so blinkered - I thought they were supposed to be highly intelligent?

 

From that day he started his covert blackmailing routine again, writing to my family.

The wording is so twisted that I'm not sure what he is saying.

 

 

He is half threatening not to appeal and half threatening along the lines that he will expose this supposed irregularity

if I go forward with enforcement.

 

 

I have told the police and they came over to speak to me so at least it is on record if this escalates.

 

Even though I had a very strong case and all the evidence necessary I was awarded about a third of my claim.

In retrospect it might have been worth using a solicitor to speak for me or are judges supposed to take the middle line?

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Sorry to hear about that.

 

 

This is not uncommon. Building negligence cases are very difficult to adjudicate factually because it is very hard for someone who isn't a builder to tell from a courtroom whether or not a piece of building work was done properly. It is often very difficult to tell whether the work is as bad as the claimant says or whether the claimant is being unreasonable. The burden of proof is on you, as the claimant. If the judge is not totally convinced by the evidence you have provided he would often side with the Defendant. You might have achieved a better result with a solicitor, but then again you would not have been able to recover your legal fees - don't beat yourself up about it.

 

 

At least you did get something. To be honest it would be pointless for either of you to appeal - you can only appeal on the basis that the judge got the law wrong; not because you think the judge misunderstood the facts. The appeal courts don't re-hear any factual evidence. Either of you would need to get permission to launch an appeal and I would be very surprised if the cowboy manages to get permission.

 

 

I don't know what the alleged impropriety is but it sounds like nonsense. If he doesn't pay simply proceed to instruct bailiffs.

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Have been following this thread with interest as was in a similar situation a couple of years ago with a heating engineer.

 

A real bummer about the judgement, but at least you did walk away with something.

 

Encountered some really good judges; have also encountered some terrible ones. It's like anything I suppose.

 

Have also learned the hard way that litigation is never 100% risk free, no matter the perceived strength of your claim or defence.

 

Hope all goes well getting some money back from the cowboy. :)

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  • 2 weeks later...
  • 2 months later...

I'm back now with the last leg of this nightmare. After 3 months of non-payment since judgment was awarded in my favour, I served a stat demand on the cowboy. The guy is quite thick and is reacting in the wrong way to it. He has written me two totally dimwitted letters making all sorts of bizarre dishonest accusations and is accusing me of perjury and bordering on blackmail. Following the first letter, I made it pretty clear where he stood and the costs involved if I put him through bankruptcy. He has written yet another totally daft letter without any offer of payment. What I wanted to ask is from a legal perspective am I supposed to respond to these letters and clarify that he is lying and I have proof to the contrary or shall I just go straight to court now and get on with the bankruptcy procedure?

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I'm back now with the last leg of this nightmare. After 3 months of non-payment since judgment was awarded in my favour, I served a stat demand on the cowboy. The guy is quite thick and is reacting in the wrong way to it. He has written me two totally dimwitted letters making all sorts of bizarre dishonest accusations and is accusing me of perjury and bordering on blackmail. Following the first letter, I made it pretty clear where he stood and the costs involved if I put him through bankruptcy. He has written yet another totally daft letter without any offer of payment. What I wanted to ask is from a legal perspective am I supposed to respond to these letters and clarify that he is lying and I have proof to the contrary or shall I just go straight to court now and get on with the bankruptcy procedure?

 

Tell him if he wants to accuse you of perjury and blackmail he should go to the police. Tell him that as you have done neither you are happy for the police to investigate as you have nothing to fear.

 

Was your stat demand was for the sum awarded you in court as a CCJ? If so and the court deemed it was payable "forthwith" then it seems likely any attempts by him to cry "perjury" can be fended off by "it was the court's decision : appeal it if you wish, but it is owed according to the court"

 

Tell him if he wants to argue the stat demand, then court (again) is the place to do it, when you start bankruptcy proceedings. Remind him that advising him there are costs involved in bankruptcy isn't to blackmail him, but so that he is aware of the consequences of his actions.

 

Then go to court. Let him know that then he can blame the court rather than you when the court finds against him again ...... Provided (of course) that you believe you will recover sufficient OR (by now) you don't mind taking the financial "hit" if he has limited assets.

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On the letters, there is really no point getting into a mud-slinging match with him - trying to point out why he is lying or wrong will simply put him into a defensive frame of mind and make him even more obstinate. I would respond with a very short, factual statement saying that you do not accept the accusations and intend to proceed with enforcement of the order; briefly summarising the likely consequences for him.

 

Do be aware that applying for bankruptcy is not cheap. You need to double check but I think the cost for a creditor's petition is currently £920, which includes a £700 deposit for the official receiver's costs. You should get that back if the official receiver can identify assets but obviously that is not guaranteed. It may be cheaper and easier to hand the debt to a HCEO.

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Thank you for your advice.

 

 

I really dont know what to do but I dont mind spending the extra money to make him suffer through a bankruptcy.

 

 

He probably has a suitcase full of cash under his bed!

 

 

Before commencing proceedings I checked on the Land Registry and he does own his house, although it still has a mortgage.

 

 

I also checked other sources.

 

 

Also I found out he is currently serving a 6 months suspended sentence for money laundering (suspended for 2 years).

 

 

Would this have any bearing on my enforcement?

 

I'm pretty sure he is the kind of person that would not open the door to a Bailiff so I'm not sure what a HCEO can accomplish?

 

He is accusing me of having lied about something to the judge but I have proof from himself confirming what I said to be true so it is all very odd.

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Yes the sum awarded followed a CCJ and was payable immediately.

 

 

I have written all of this to him.

 

 

Apparently following the hearing he tried to appeal against the judgment but didnt even pay the fee.

Thats the kind of person he is.

 

 

Now, instead of, as you say, going to court to appeal if he believes he has the grounds,

 

 

he is trying to "blackmail" and intimidate me with his stupid letters.

 

 

BTW, the blackmail is coming from him, not him accusing me of it.

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