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Well ladies, looks like i'm going to court!

Discussion in 'A3/S3/Sportback (8P Chassis)' started by brandona4, Apr 15, 2005.

  1. brandona4
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    brandona4 Member

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    [Apr 15, 2005]
    Those of you who know me from Tyresmoke, will know about my recent wranglings with a couple of meat heads (builders), and there negligence with an angle grinder...peppering my whole car with hot metal dust!!!! /ubbthreads/images/graemlins/burningmad.gif

    At first they were willing to accept that they'd done wrong and asked me to give them a quote for repairs... luckily it didn't require a respray (phew), just a damn good machine polish to take off a layer of laquer (cost 495) which i didn't think was too bad.

    But now the meat heads are refusing to cough up, and have done a feckin u-turn in their opinion, trying to blame ME!!!!!!! /ubbthreads/images/graemlins/mad.gif

    So bring on the small claims...if anyone who's had any experiences with this procedure could share their views, it would be greatly appeciated (lawyers and soliciters especailly!)
    #1
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  3. TDI-line
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    TDI-line Uber Post Whore

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    [Apr 15, 2005]
    Good luck LeMan. /ubbthreads/images/graemlins/beerchug.gif

    They are developing across the road from me, and i can just imagine how much **** and dust theres gonna be, this is one of the reasons why i won't be buying a car this year.
    #2
  4. imported_rdlh
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    imported_rdlh Guest

    [Apr 15, 2005]
    Sorry to hear about this.

    In my opinion, need for a solicitor depends on how questionable the claim is &, to an extent, how wise the defendent is.

    I occassionally issue - & threaten to issue - county court claim proceedings.

    Very simple. There is a pdf file that you can complete (via www.hmcourts-service.gov.uk/) & the court costs can also be found on this site. (Court fee depends upon value of claim - where's the logic!)

    Your claim of £495 would cost £50, but if claim between £500 - £1000 would cost £80.

    Don't forget to claim the VAT !

    If (at work I hasten to add) I am struggling to get paid I complete the N1 Court Form & write to say "please do pay by X (DO stipulate a date for full payment to be received) than will reluctantly submit form to court, court costs will be incureed (defendends problem) & I also claim interest both to day & on a daily accruing basis.

    I then hope our customer is scared into paying as if does go to court a complete waste of time.

    Defendent can appeal to be a local court, you can appeal to have local court to you & then perhaps end up receiving £5 a month.

    After a while these small payments dry up & youo can start process again, or simply write off - life too short !

    Not sure if this helps you or not !

    I think if I were you I would send court form saying please pay & if no luck then perhaps talk to a solicitor (or citizens advice ?)

    I think as soon as solicitors become involved their bill usually bigger than claim.

    Best of luck.

    Richard
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  5. brandona4
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    brandona4 Member

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    [Apr 15, 2005]
    nice one /ubbthreads/images/graemlins/beerchug.gif
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  6. mikeA2B
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    mikeA2B Member

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    [Apr 15, 2005]
    Better Idea!!!!!!

    Find out where the meatheads live, and spray OOPS! on his car, van, and grandmothers front windows, I know it sounds really nasty and a little illegal but this is the only gratification you will get!

    in my experience of builders and contractors I would bet you £500 that you will never get paid, if you took them to court it would just put a judment on the company, if that company is LTD and happended to go bump then you would be lucky to see a penny out of the pound, PS sorry to hear about that mate, I got a problem with the neighbours cat, which has titanium frikkin claws!

    (PS only kidding about the £500 bet)
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  7. a4sline
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    a4sline Member

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    [Apr 15, 2005]
    Sounds like a syringe full of brake fluid and a drive by squirting to me ........
    Don't get mad ...get even /ubbthreads/images/graemlins/smirk.gif /ubbthreads/images/graemlins/smirk.gif
    #6
  8. imported_TuffLittleUnit
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    imported_TuffLittleUnit Guest

    [Apr 15, 2005]
    I hear that The Stone Roses aren't that busy these days...
    #7
  9. imported_Skywalker
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    imported_Skywalker Guest

    [Apr 16, 2005]
    Could go down the spray can route: "Cock /ubbthreads/images/graemlins/swear.gif Partridge" would be quite amusing if they were a Rover driver!!

    I'd get the court forms, fill them out and photocopy them. Send them with a covering letter and tell them they will be sent it seven days if you have not had a reply. No cost to you and you will get an immediate idea of their intentions.

    I've worked in finance for years and this our last resort before passing to an agency. If they don't reply to that you know you've got to go to Court and even then you have no guarantee of getting your money only the satisfaction of fecking them for any future credit.
    #8
  10. imported_TuffLittleUnit
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    imported_TuffLittleUnit Guest

    [Apr 16, 2005]
    [ QUOTE ]
    I've worked in finance for years

    [/ QUOTE ]

    Oh no - then this mean's that A3's are the tight man's car /ubbthreads/images/graemlins/wink.gif

    Budget this, business case that...
    #9
  11. imported_Skywalker
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    imported_Skywalker Guest

    [Apr 17, 2005]
    Watch it!!

    /ubbthreads/images/graemlins/fuck_you.gif

    /ubbthreads/images/graemlins/grin.gif
    #10
  12. brandona4
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    brandona4 Member

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    [Apr 18, 2005]
    Thanks guys +++, strong letter has been sent with a 7 day 'pay up' period... feel like feckin Bush, sending in the Cruise missles to losen them up before i hit them with Shock and Awe!
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  13. skempster
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    skempster Member

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    [Apr 18, 2005]
    I would add to Richard's helpful posting a suggestion that, if you do need to issue proceedings, you make sure that you name the correct defendant(s). E.g Is it the individual builders as sole trader(s), or a firm or is it a limited company? If you name the wrong one, they could potentially draw out the matter or even make you reissue against the correct party later.

    Probably better if its a sole trader as once you have a county court judgment you can get the sheriff to seize their personal assets, and obviously a company would only have business assets. I have always found that when the sheriff and his band of merry men turn up with a tow-truck (usually nice and early in the morning) to tow away a judgment debtor's car, payment is made pretty promptly...
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  14. brandona4
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    brandona4 Member

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    [Apr 18, 2005]
    thanks mate.
    they're actually quite a reputable company with a couple of offices and a few big contracts. But not being particularly intelligent, they tried to fob me off with a laughable email. They haven't denied doing it, that's the funny thing, they just reckon they can't be held responsible for any damage caused because they got the inlaw to move my car back a few feet.
    ...obviously not far enough! /ubbthreads/images/graemlins/thumbsdown.gif
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  15. skempster
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    skempster Member

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    [Apr 18, 2005]
    Sounds like they have a weak case - it must be down to them, not your inlaw, to know how far away would be an appropriate distance. Best of luck!
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  16. brandona4
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    brandona4 Member

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    [Apr 18, 2005]
    [ QUOTE ]
    it must be down to them, not your inlaw, to know how far away would be an appropriate distance.

    [/ QUOTE ]

    That's what i thought, they never even told her what they were going to do, and she even asked them if it was back far enough! that's why i'm so pi$$ed
    #15
  17. imported_rdlh
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    imported_rdlh Guest

    [Apr 19, 2005]
    Re. Steve K's comments & addresses, yes, quite right.

    Check the REGISTERED (sorry to shout !) address of company, may be different to trading address & quite often is the accountants / auditors office.

    Defendent has less time to pay up if sent to registered office & auditors will not be impressed that their client is receiving this type of correspondence !

    Richard
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