Car mechanic problems!

[needadvice1]

letter sent and is on the district judge's pile of work. just a waiting game now...

[needadvice1]

UPDATE-verbatim response as follows;

 

 

"The judge cannot understand what you are expecting the court to do.

You already have the judgement and we cannot permit litigation by correspondence."

 

 

to me, this answer suggests the judge did not actually understand my letter.

[Ganymede]

Can you type out the letter you sent to Court please?

[needadvice1]

Hi I would type it up but when I post the formatting is removed. I have managed to upload a pdf of it. Please see the below link and thanks for your help in advance;

 

http://s000.tinyupload.com/index.php?file_id=00290426224679932946

[Ganymede]

Can't open it, says it's not a valid PDF file.

 

Just copy and paste, we'll figure it out.

[needadvice1]

What about uploading as pics? Or I can copy and paste if you really want it like that

[panther12]

Link works for me.

Application for defendant to be amended from Claimant EDITED FOR CAG.pdf

[needadvice1]

Thanks for that. What do we think? I thought I was being clear...

[Ganymede]

Link works for me. [ATTACH=CONFIG]63147[/ATTACH][ATTACH=CONFIG]63147[/ATTACH]

 

Thanks, it's working now.

 

To be honest I can see exactly what the judge means about that letter.

[steampowered]

Court orders tend to be only a few lines long. If you want the judge to make an order, you need to specify exactly what you are asking for, and you should be able to state that in no more than a single sentence. You must be very specific as to what order you want the judge to make - you can't just reel off a list of complaints. In your case it sounds like the order you want is an order that the name of individual X be substituted for the name of company Y?

 

If you want to proceed, I think you will now need to issue a formal application using form N244, specifying what order you want the court to make, with a separate witness statement setting out the reasons.

 

Another possible option would be to issue a new claim against individual X, potentially including adding the court fees you had to pay for the original claim to the new claim.

 

The third option would be to go ahead and send round bailiffs to the name/address on the existing court order. That may be enough to get this person to pay up without needing to involve the court further, even if the company name on the existing order is not quite right.

 

If it was me, I'd be tempted to go ahead with bailiffs, as they will be able to do a visit to judge whether the company named on the existing order has any assets, it is not guaranteed to work but may be the quickest way of resolving this.

[needadvice1]

The thing is, I rambled on a lot because I wanted the judge to understand why I was asking for this. I did not want to just demand something without giving a reason.

 

Regarding bailiffs, I was thinking this too but didn't want the risk of them being sent away because technically that Ltd co doesn't have any assets so the bailiff would not be able to collect anything.

 

I'm going to have a think about what I want to do.

[steampowered]

The thing is, I rambled on a lot because I wanted the judge to understand why I was asking for this. I did not want to just demand something without giving a reason.

I understand this completely. It is very easy to end up in a situation where you give lots of detail and the judge loses sight of the wood for trees, it is a really common mistake. We can give you a helping hand if you want to have another shot with an N244.

 

Regarding bailiffs, I was thinking this too but didn't want the risk of them being sent away because technically that Ltd co doesn't have any assets so the bailiff would not be able to collect anything.

Indeed this is a risk. You will have to weigh up the cost of an unsuccessful visit (something like £75 for an HCEO, I believe) vs. the chance that the bailiffs can find assets or that having bailiffs visit the defendant's business premises motivates him to pay up.

[needadvice1]

I'm pretty sure the guy will not pay up,

I threatened with bailiffs twice before and got zero response from him.

 

I think I may try a letter to the judge again before paying more money going the more official route?

still, I don't think my letter was that confusing.

 

he probably didn't read it properly.

but anyway...it is what it is.

..I will try the judge again via email.

[AndyOrch]

Judges tend not to read letters and emails

[needadvice1]

Judges tend not to read letters and emails

 

pretty ridiculous...

[steampowered]

I have read your letter and I do not understand what you actually want the judge to do.

[needadvice1]

it says at the end of the letter...anyway, I will re-do it and re-send.

[AndyOrch]

it says at the end of the letter...anyway, I will re-do it and re-send.

 

Wasting your time IMHO..the court has passed judgment...end of...nothing further for them to action..its for you to execute the judgment.

 

If that means changing the name of the Judgment debtor by way of an application...then that's your only next course of action...not writing further letters.

 

Andy

[needadvice1]

noted, thanks.

[needadvice1]

doing this now by the way.

should I pay for a hearing?

its £255 with a hearing, £100 without.

 

 

how can I explain it so that the judge adds this to my costs for the defendant to pay.

[AndyOrch]

Without a hearing if its only to change the name of the judgment debtor.

 

This is the relevant CPR you should refer to and state within your order.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#19.2

 

Andy

[needadvice1]

CPR means court procedure rule?

I should say that

"referring to CPR 19.2, in order to bring this matter to fair close and for the correct party to pay the debt,

I would like to add xxx xxx as a defendant.

 

xxxx ltd was the original defendant (off which xxx xxx is the owner/MD)

because xxx xxx (the defendant) misrepresented himself to me as a consumer,

the public (I can provide proof of this-website screenshots etc)

and to the courts during the hearing and every correspondence.

 

xxx xxx at no point in writing made either the courts or the claimant aware that he was not trading under the ltd company but was in fact a sole trader.

 

he has deliberately done this so that if he lost, he would not have to pay the debt.

 

He has ignored every email I have sent thus far regarding payment of the debt."

 

do I want to remove the ltd co at the same time?

or just add the new defendant?

is there a chance of the judge re-hearing the case at all?

[AndyOrch]

No not all that waffle...they just want an order and what part of the CPR you are relying on.

[needadvice1]

If I don't explain why, then how do they know that it's correct to add him as a defendant personally? I could add anyone couldnt I?

[AndyOrch]

You could but what would be the point...they don't owe you any money...all you want is to change the name of the judgment debtor and attach any evidence in support of why you require that change.