Car mechanic problems!

[needadvice1]

OK will do.

thanks for the info.

 

I really hoped this whole saga was over-clearly he just doesn't want to make it easy for me.

 

do you know how long this sort of thing takes at all?

[AndyOrch]

OK will do. thanks for the info. I really hoped this whole saga was over-clearly he just doesn't want to make it easy for me.do you know how long this sort of thing takes at all?

 

that letter already advises on the process.

[needadvice1]

there is no timeframe on the letter.

I was just wondering whether it was likely to be weeks or months etc.?

[AndyOrch]

Varies depends on the the courts workload...you cant do anything until you receive the Notice of Allocation/Directions.

[needadvice1]

will sit tight then I guess! argh...annoyed...

[needadvice1]

Received the appeal notice with the defendant notes about why he is appealing.

 

Some interesting points in there regarding the sloppy court procedures which may be valid,

 

I have no idea. within it he says I sued the wrong entity

i.e. I should have sued him personally and not his Ltd co.

 

Although the invoice was from a Ltd co!!!

So clearly some fraud here!

 

On his website he quotes his Ltd co name.

To me, he has dig his own grave here but I don't know I guess.

 

Can someone please take a look at the docs I've been sent please?

[AndyOrch]

Yes when you upload them..remove any identifiable data first.

[needadvice1]

Yes when you upload them..remove any identifiable data first.

 

would it possible to send it directly to you? I am not sure it will be easy to follow if I remove certain details like company and individuals names.

[AndyOrch]

Im sure I will decipher without a few names showing...post here please,

[needadvice1]

please see attached,

got it to work

most of what he says in the doc is lies.

 

I will work on a response tonight and send it to the judge.

 

in addition,

I think he is admitting fraud by saying that the ltd co he supplied me an invoice from is actually dormant.

 

Just realised something

the invoice DOES NOT have the ltd co on it.

It has the trading name,

 

I think I assumed he was trading using his ltd co and using a trading name rather than him being a sole trader and then having a trading name on top.

 

I think I assumed this because on his website,

his ltd co name is mentioned quite a few times.

 

it gives the impression that he has a ltd co and trades using the trading name.

this must have been where the confusion came from.

 

he did not, at any point during the trial to the judge in the way that he says in his appeal doc.

he mentioned he was a sole trader though.

 

the judge thought the invoice came from the ltd co.

it appears that confusion in this area has been created on purpose.

 

in addition

, I have found two different trading names.

one of the names is xxx auto services,

the other is xxxx performance engineering which happens to be the ltd co name i.e. xxxx performance engineering ltd.

Appeal edited for CAG.pdf

[martin2006]

your judgement amounts to nothing.

 

I am surprised he is appealing given that the ccj is on a dormant company.

 

Your position now could well be back to square one and start again with a fresh claim in the correct name

[needadvice1]

doesn't the fact that the ltd co name is plastered all over his website mean anything?

it seems clearly misleading.

also, why did he bother defending at all in court?

I don't get it.

[martin2006]

im sure more light will be shed during the appeal process

[needadvice1]

does that mean you think that the claim is recoverable based on his misleading website and actions during the hearing?

[martin2006]

It means exactly what it states,

as the procedures progress,

more light will be shed on why hes appealing if its a dormant ltd company

, nothing more, nothing less.

 

I cant see anywhere from that where you may have come to your assumption!

[needadvice1]

my assumption is based on what his website states

(the ltd co is name is all over it-I have screenshots)

and the fact that he never told me he was a sole trader.

 

On the receipt is the trading name.

[needadvice1]

Appeal was denied. Judgement stands.

 

Can I report him to someone given that he displays his Ltd company name all over his website even though it's dormant. Clearly he is trying to trick people here. Isn't this some type of fraud?

 

trading standards?

 

help??

[panther12]

If his appeal was denied and judgment stands, can't you move on.

[needadvice1]

He hasnt paid. And may not pay.

 

And perhaps not given the amount of time he has wasted.

 

update.... called the courts and they said that I can send the judge a letter asking him to "vary the order" based on the fact that I was tricked/duped into suing the wrong entity.

 

Anyone heard of this?

[steampowered]

Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#I

 

You may need to make a formal application on court form N244 for the new defendant to be substituted for the original defendant, referring to CPR 19.2. You would need to demonstrate a good reason for doing this, and the new defendant will probably also be given a chance to defend itself/himself (for example the mechanic may well try to say that the claim lies against the company not him personally).

 

Can I report him to someone given that he displays his Ltd company name all over his website even though it's dormant. Clearly he is trying to trick people here. Isn't this some type of fraud?

 

You could potentially claim to Companies House and/or the Insolvency Service. See https://www.gov.uk/complain-about-a-limited-company. They won't help you resolve the issue you are having regarding the car though.

[needadvice1]

Have a read of https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#I

 

You may need to make a formal application on court form N244 for the new defendant to be substituted for the original defendant, referring to CPR 19.2. You would need to demonstrate a good reason for doing this, and the new defendant will probably also be given a chance to defend itself/himself (for example the mechanic may well try to say that the claim lies against the company not him personally).

 

You could potentially claim to Companies House and/or the Insolvency Service. See https://www.gov.uk/complain-about-a-limited-company. They won't help you resolve the issue you are having regarding the car though.

 

ok thanks very much for this.

hope I don't have to do this.

 

 

I spoke to the court and they said I should send an email to the FAO of the judge that denied the appeal and ask him to vary the order directly.

 

 

really hoping though,

that the guy pays out anyway :/

not holding out loads of hope though.

 

 

will give it a few days...

I sent him an email saying that if he doesn't send me the money I will send bailiffs.

[unimatrix1066]

Get on to companies house if the companies dormant and he's trading he is breaking the law

[needadvice1]

well, thing is,

he's not put that ltd company name on any invoice.

its just on his website.

 

 

I don't know if that counts as "trading" under that ltd co

BUT its definitely some type of fraud I would have thought?

 

 

it worked well for him in my case because it caused me to sue a dormant company rather than him personally.

he doesn't reference anywhere on his website/verbally/on any type of correspondence that he is a sold trader and not trading under that limited co.

 

 

if anything, everything points towards the fact that he is trading under a ltd co.

[Conniff]

You can always give Action Fraud a ring, they advise on the legitimacy of websites - http://www.actionfraud.police.uk/

[needadvice1]

Will do once I have the cash.

 

For now,

I threatened with bailiffs and he hasn't paid.

 

Was hoping he would pay anyway.

 

Looks like he won't so I'm going to ask the judge to vary the order.

Hopefully he does it without having to hear the case again!