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Thread: Is this legal??

  1. #1
    Mostly Me Lucio's Avatar
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    Is this legal??

    Ok, went to court against a PC Seller who ripped me off by not delivering and then refusing to refund me the money. Won the court case, got a judgement against him

    The judgement is supposed to be paid by tomorrow at the latest, however I recieve a letter this morning asking whether the other defendant has made payment yet and insisiting he will only accept the response in writing to this!

    Upshot of this means I won't get my money back on time for the judgement, despite him having three weeks to get his arse in gear...


    Any ideas?


    Oh and since it's a matter of public record, the seller against whom I had to go to court to get a refund for is as follows. I am not making any indiciation of the quality of his business, I am merely stating the fact that I had to go to court to get an issue resolved and that judgement was awarded in my favour.

    The Computer Centre
    Unit 30, The Marlowes Shopping Centre
    Hemel Hempstead
    HP1 1DX

    01442 233 334

  2. #2
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    Re: Is this legal??

    Talk to a solicitor.

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    Get in the van. Fraz's Avatar
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    Re: Is this legal??

    Quote Originally Posted by Lucio View Post
    the other defendant
    Is there something you're not telling us?...

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    Agent of the System ikonia's Avatar
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    Re: Is this legal??

    who did you get the letter off ?

    so you've taken 1 business to court
    you've had a letter from "someone" asking if the OTHER defandant has paid
    and your asking for advice based on that information which is lacking ?
    It is Inevitable.....


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    ɯʎɔɐɹsɐʌʍ mycarsavw's Avatar
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    Re: Is this legal??

    I agree with ikonia.

    You don't state who sent you this letter. If it was the Court, then reply in writing and fax it to them. If it is someone else (which is very odd), then let them whistle, it has nothing at all to do with them (unless, as stated, you're missing some key info in your first post).

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    Senior Member usxhe190's Avatar
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    Re: Is this legal??

    don't understand the facts

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    Huge Member Brucelles's Avatar
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    Re: Is this legal??

    Me neither. However court judgements are binding and you shouldn't find it hard to take him to court again. Of course getting paid can be difficult.

    We need more facts, but it sounds as though you may need to ginger him up with threats from your solicitor. Failure to pay can result in closure of a business, they won't want that, and you may want to threaten the boss personally (legally, not with menaces).

    (Thanks Evilmunky)
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    Re: Is this legal??

    Me neither. However court judgements are binding and you shouldn't find it hard to take him to court again
    True.
    However, if it was small claims court, which by the sounds of it was, there is nothing the courts can do to enforce the refund that has been ordered.

    The only way to get the money back, if the defendant refuses to pay again, is to hire bailiffs at your own costs to seize goods to the value of the refund due.

    Unfortunately, when things get to this stage, it often ends up costing more money thanyou are due in the first place.

    On the other hand, im sure for a small fee, you could employ someone to 'pay a visit' and 'gently persuade' them to pay up. Its often the best way tbh and usually they front the cash there and then!
    They also would rather pay up 99/100 than get the police involved for only a 'gentle word'.

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    HEXUS.social member finlay666's Avatar
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    Re: Is this legal??

    you COULD always hire baliffs to collect the payment if you got the court order, not exactly difficult for a baliff to walk into a shop
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    Get in the van. Fraz's Avatar
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    Re: Is this legal??

    If this guy is running a business, he obviously wants to uphold his reputation (assuming he has one!). So if he doesn't pay soon, go in and tell him that if he doesn't pay up, you'll be approaching the local news rag with a story about him.

    I'm sure that'll loosen his purse strings a bit

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    Huge Member Brucelles's Avatar
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    Re: Is this legal??

    Quote Originally Posted by Blitzen View Post
    True.
    On the other hand, im sure for a small fee, you could employ someone to 'pay a visit' and 'gently persuade' them to pay up. Its often the best way tbh and usually they front the cash there and then!
    They also would rather pay up 99/100 than get the police involved for only a 'gentle word'.
    Gentle persuasion has to be very carefully done. There is a law against demanding money with menaces, and it's very easy to break it. I have a friend who was jailed for 6 months because his tenants (he was living abroad) paid no rent and sold his best furniture, so he went round to see them when he was home on holiday. He apparently got angry and shouted something like "you give me what you owe me or I'll take it out of your hide" and that was all that was necessary for his tenants to get another 6 months rent-free accommodation and time to spend their ill-gotten gains.

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    Huge Member Brucelles's Avatar
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    Re: Is this legal??

    The Bailiff idea is a good one. Bailiffs are entitled to seize goods to the value of the debt. Since they can assess that value upon resale value, you could get a pretty nice PC out of it. Of course, then you need to pay the bailiffs.

    (Thanks Evilmunky)
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  13. #13
    Mostly Me Lucio's Avatar
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    Re: Is this legal??

    Sorry, forgot to mention, as a backup I followed up on the credit card company under the Consumer Credit Act. They also have done nothing.

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    Senior Member usxhe190's Avatar
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    Re: Is this legal??

    sorry don't understand - a judgment is a judgment. one guy can't amend that with an additional amendment letter/document

    sorry if they don't pay up, go back to court

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    Agent of the System ikonia's Avatar
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    Re: Is this legal??

    and you've still not answer the origional questions in your second post......
    It is Inevitable.....


  16. #16
    Mostly Me Lucio's Avatar
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    Re: Is this legal??

    Quote Originally Posted by ikonia View Post
    and you've still not answer the origional questions in your second post......
    Sorry! Really busy day here, popping in and out quickly in the forums.

    I meant I put the credit card company as the 2nd defendant ont he judgement as adviced by Trading STandards.

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