Small claims court

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  • thered
    V.I.P. Member
    • Aug 2008
    • 4915

    #1

    Small claims court

    Just been to a small claims court and lost


    short story i sold a guitar on flea bay for ?1100

    buyer said he didnt like it and returned me an empty box of wood


    i called police ect luckily paypal decieded in my favour and i got my cash

    then this ~~~~in winker after decides to take me to court saying he sent me blah blah

    he had a witness statement saying his wife seen him pack the guitar in box so i sent 2 witness statements to the court and guess what they said they never got them

    on this basis he awarded him the decision as the more probable story so now i owe this dikhead about ?1500 after his expenses ect at 40p a ~~~~in mile for 640 miles and costs


    now the question i ask is can this be enforced because there is no way on this earth i am giving that clown a penny what i just buy some ~~~~er i dont know a ?1200 guitar

    so im looking for best ways to dodge he is not a company just a bloke so i assume if he wants any further action taken he needs to pay people more cash???

    and if i do end up having to pay what about a ? a week as i have no cash????

    am i best off moving out ???? (in a fashion)
  • Rodbouy
    DK Veteran
    • Jul 2010
    • 1320

    #2
    Id give him fck all.

    Absolute disgrace that if what you say is true, that he won.

    Madness.

    Did you consult a lawyer?

    Also how far away does he stay from you?

    Id stake it out and see if you can get a glimpse of the guitar. Try get some proof he has it.

    Then either go back to the court or follow him and knock the fck out him.
    Last edited by Rodbouy; 10 August, 2011, 14:33.

    Comment

    • Shady
      Shite Link King
      • Dec 2010
      • 6404

      #3
      absolute WORST case outcome, you dont pay, you get a ccj against you. ccjs are not arrestable, nobody can come into your home and take goods etc
      Fave replies from various threads

      1: What the fff is all that about??? All that crap below your reply I mean, get a life mate
      2: no info on google abt the pace sv5 rang asda they have no idea what i was talking about,
      3: Your total contribution to this forum, bordering on trolling, seems to have been a collection of snipes, one liners & asterisked expletives





      Comment

      • thered
        V.I.P. Member
        • Aug 2008
        • 4915

        #4
        Originally posted by shadyback
        absolute WORST case outcome, you dont pay, you get a ccj against you. ccjs are not arrestable, nobody can come into your home and take goods etc
        i have a couple already when i apply for credit lights start falshing i even got declined the other day for a 39.9% visa

        can he put a charge on my house though or force me to pay through the court again like a deduction from earnings or whatever ?

        Originally posted by Rodbouy
        Id give him fck all.

        Absolute disgrace that if what you say is true, that he won.

        Madness.

        Did you consult a lawyer?

        Also how far away does he stay from you?

        Id stake it out and see if you can get a glimpse of the guitar. Try get some proof he has it.

        Then either go back to the court or follow him and knock the fck out him.
        too far away too look he never looked at me the whole time he just sat with his downward and scurried off after it i dont even know how he got out he seemed to disapear

        i had no lawyer neither did he

        the judge said on the balance of probability and with the statement from his wife confirming she witnessed him pack the parcel i have decided in his favour

        i was ~~~~in boiling as you can imagine even more so as i had sent in 2 witness statements 2 weeks earlier one from the wife and my nephew saying they both seen me open the empty box and they said they never received them

        so anyway im going to ap[peal first then if that fails hide and not pay and tbh i would rather do 6 months than give that squirming little toad anything

        Comment

        • Shady
          Shite Link King
          • Dec 2010
          • 6404

          #5
          he cant do ~~~~ all mate to enforce it. absolutley worse case scenario is you have some debt collection agency come round . and as you probably know they can just be told to ~~~~ing do one
          Fave replies from various threads

          1: What the fff is all that about??? All that crap below your reply I mean, get a life mate
          2: no info on google abt the pace sv5 rang asda they have no idea what i was talking about,
          3: Your total contribution to this forum, bordering on trolling, seems to have been a collection of snipes, one liners & asterisked expletives





          Comment

          • yasminandrio
            Banned
            • Oct 2009
            • 1256

            #6
            Originally posted by thered
            i have a couple already when i apply for credit lights start falshing i even got declined the other day for a 39.9% visa

            can he put a charge on my house though or force me to pay through the court again like a deduction from earnings or whatever ?



            too far away too look he never looked at me the whole time he just sat with his downward and scurried off after it i dont even know how he got out he seemed to disapear

            i had no lawyer neither did he

            the judge said on the balance of probability and with the statement from his wife confirming she witnessed him pack the parcel i have decided in his favour

            i was ~~~~in boiling as you can imagine even more so as i had sent in 2 witness statements 2 weeks earlier one from the wife and my nephew saying they both seen me open the empty box and they said they never received them

            so anyway im going to ap[peal first then if that fails hide and not pay and tbh i would rather do 6 months than give that squirming little toad anything
            All you need to do mate is get POD of what you sent to him and the weight and the POD he sent to you mate and if there not the same weight then bingo thats all the prove you need as it proves its not the guitar!!

            Comment

            • Rodbouy
              DK Veteran
              • Jul 2010
              • 1320

              #7
              Did you get his proof of postage?

              If so the weight of the parcle would be listed?

              Now you could have got the weight and the weight of the guitar and see the difference between the 2, unless he was smart and already thought of this?

              If you havent done this I would request the court to get the proof of postage supplied and check this out.

              Sorry Yasminandrio beat me to it.
              Last edited by Rodbouy; 10 August, 2011, 15:25.

              Comment

              • thered
                V.I.P. Member
                • Aug 2008
                • 4915

                #8
                we are talking december last year the package was sent dhl and was filled with blocks of wood that probably weighed around the same

                i seen no weight on parcel or anything when i checked tracking on the internet

                it was sent dhl domestic which carries anything up to 30.5 kilo so i dont they they are arsed about weight unless it is heavier than that

                Comment

                • yasminandrio
                  Banned
                  • Oct 2009
                  • 1256

                  #9
                  Originally posted by thered
                  we are talking december last year the package was sent dhl and was filled with blocks of wood that probably weighed around the same

                  i seen no weight on parcel or anything when i checked tracking on the internet

                  it was sent dhl domestic which carries anything up to 30.5 kilo so i dont they they are arsed about weight unless it is heavier than that
                  you can get a weight off the carrier they need to weigh all iteams as there vans cant be over a certian weight!! i would double check as this might be the little gem that you need to get this coont done they will still have a record!!

                  Comment

                  • thered
                    V.I.P. Member
                    • Aug 2008
                    • 4915

                    #10
                    Originally posted by shadyback
                    he cant do ~~~~ all mate to enforce it. absolutley worse case scenario is you have some debt collection agency come round . and as you probably know they can just be told to ~~~~ing do one
                    well i would mrs red will say we split up he doesnt live here anymore im banging his best m8 now the ugly dirty maggot dikked ~~~~er is dead as far as im concerned

                    but i still own the house though and i had one debtor put a charge on the house can he do that though through a debt collecetor???

                    that is my one concern

                    Comment

                    • goggz1888
                      Junior Member
                      • Jul 2011
                      • 31

                      #11
                      they will have a record of weight etc. if you have the tracking number

                      Comment

                      • yasminandrio
                        Banned
                        • Oct 2009
                        • 1256

                        #12
                        Originally posted by thered
                        well i would mrs red will say we split up he doesnt live here anymore im banging his best m8 now the ugly dirty maggot dikked ~~~~er is dead as far as im concerned

                        but i still own the house though and i had one debtor put a charge on the house can he do that though through a debt collecetor???

                        that is my one concern
                        Which ever company you used with defo have the weight i have just check with my dispatch manager when i work and he said all companys keep the weight just in case!! so you will be ok i think mate, the weight will defo be differant

                        Comment

                        • Lyrrad
                          DK Veteran
                          • Apr 2008
                          • 484

                          #13
                          Originally posted by thered
                          well i would mrs red will say we split up he doesnt live here anymore im banging his best m8 now the ugly dirty maggot dikked ~~~~er is dead as far as im concerned

                          but i still own the house though and i had one debtor put a charge on the house can he do that though through a debt collecetor???

                          that is my one concern

                          this might give you some assistance. How has it been left? Have you been ordered to pay within a set time?

                          Comment

                          • thered
                            V.I.P. Member
                            • Aug 2008
                            • 4915

                            #14
                            Originally posted by Lyrrad
                            this might give you some assistance. How has it been left? Have you been ordered to pay within a set time?

                            i think he said 6 weeks but i am appealing it anyway regardless so i belive that it gets deferred until after the appeal

                            Comment

                            • scubar
                              Top Poster +
                              • May 2008
                              • 206

                              #15
                              Originally posted by shadyback
                              he cant do ~~~~ all mate to enforce it. absolutley worse case scenario is you have some debt collection agency come round . and as you probably know they can just be told to ~~~~ing do one
                              Dont get mistaken with private land parking notices mate. county court judgments can be enforced by baliffs with warrants who have the power to recover the debt if he pushes it that far. not like the jokers who try and recover supermarket requests for 60 nicker cause you crossed a white line, no legal power there whatsoever.

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