Problem with a Used Car Dealer in Sheffield

[katekate 15]

One interesting thing about the court hearing was that the defendant didn't turn up but sent his brother instead.  His brother is an employee of the company but he was not named on the court order.  The judge was made aware of this but carried on with the hearing anyway. I thought that the director of the company had to be there seen as though he was named on the court order.  This man is now going to receive court documents through the post saying he has been ordered to pay up and he didn't even attend court.  It just seems to be a strange way of doing things to me.

[Top Cats Hat 10]

1 hour ago, katekate said:

I thought that the director of the company had to be there seen as though he was named on the court order.  

Nobody is obliged to turn up in a case like this.

 

Many if not most, Small Claims Court cases are won because the defendant didn’t bother to turn up.

[katekate 15]

I just thought that if someone was going to turn up it would need to be the person that is named on the court order.  

[Vaati 11]

14 hours ago, katekate said:

Result of court hearing - today we went to the court hearing and the judge ruled in our favour.  It was a 3 hour battle but we got the result we wanted.  Not sure if I can name the company in here though, moderators?  Anyone wanting to go to the small claims court please be aware that it is not an easy process.  I was told it was a process designed to be simple enough to do without the need for a solicitor but it's actually quite a difficult process.

As mentioned by Medusa above nope you cannot name them on the forum.

[Borista336 0]

15 hours ago, katekate said:

Thank you.  It's not been easy and we still await payment but we've got over one hurdle.  They gave the other party 28 days to pay up so I will let you all know if we get the money.

believe me the court hearing is not the biggest hurdle, when you try and get the money is when the fun will start especially if the company is not bothered by CCJ s your only option then is baliffs at your cost and if its over £750 a winding up petition again at your cost .

[katekate 15]

Let's hope they pay up then!  Thanks for clarifying whether I can name them on the forum or not Groose.  Whilst I fully understand why, this company is free to keep ripping people off.  

[Ontarian1981 10]

6 hours ago, katekate said:

Let's hope they pay up then!  Thanks for clarifying whether I can name them on the forum or not Groose.  Whilst I fully understand why, this company is free to keep ripping people off.  

Call the Better Business Bureau and fax a copy of the judgement after explaining to them. They should take steps to see that they don't dupe anyone else, if they have any clout these days, that is.

 

 

Edited July 27, 2019 by Ontarian1981

[Top Cats Hat 10]

8 minutes ago, Ontarian1981 said:

Call the Better Business Bureau and fax a copy of the judgement after explaining to them. They should take steps to see that they don't dupe anyone else, if they have any clout these days, that is.

 

 

Also Trading Standards, who have limited resources so will tend to concentrate on businesses who have been proven in court to have been trading dishonestly.

 

You never know, Trading Standards may already have a dozen complaints against this company where none of the victims have actually been to court. Your case may encourage others to take legal action, especially if they know that the boss can’t be arsed to turn up and defend the cases.

 

It may even prompt Trading Standards to take enforcement action.

 

 

[katekate 15]

Yes I'll get on to them next week.  Trouble is alot of businesses are just allowed to carry on and its really unfair.

[Top Cats Hat 10]

I also meant to say in my earlier post to check if they are claiming to be a member of any trade organisations.

 

It is not uncommon for dodgy businesses to falsely claim membership of a trade organisation and even if they are a genuine member, it is important that you contact that body to notify them of the court result as it reflects badly on their reputation.

[geared 317]

On 27/07/2019 at 13:46, katekate said:

Let's hope they pay up then!  

if they don't pay the CCJ in the 28 days (28 working days or 28 calendar days???) then don't mess around any further, upgrade the CCJ to a high court writ.

The Sheriffs have much more power to collect the money owed so you don't have to faf around.

 

Looks like a £60 court fee to the high court is what you pay, this will be claimed back from the debtor anyway.

 

https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

 

https://thesheriffsoffice.com/articles/transferring_up_-_a_guide

[haddy 10]

9 hours ago, geared said:

if they don't pay the CCJ in the 28 days (28 working days or 28 calendar days???) then don't mess around any further, upgrade the CCJ to a high court writ.

The Sheriffs have much more power to collect the money owed so you don't have to faf around.

 

Looks like a £60 court fee to the high court is what you pay, this will be claimed back from the debtor anyway.

 

https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

 

https://thesheriffsoffice.com/articles/transferring_up_-_a_guide

Defo the way to go