bit fo a repost, but relavent to this thread, as I thought I'd let people know we can now say what the hell we like about Morson. his solicitor no longer acts on his behalf, and he claims to be unemployed!
I don't see how it's possible that he's sold the business, as Simon was a sole trader, and Morspeed was not a LTD company!
Anyway, here's what happened today:
It would appear, that despite taking it's sweet time, the legal system actually works!
Just on the way home from our hearing, Lewis vs. Morson.
The hearing lasted barely more than 10 minutes amazingly.
Morson turned up dressed in Jeans, and a white tracksuit coat and trainers, with his father, who was similarly dressed. (surely you wear a suit to court?)
Simon had failed to submit statements to the court to back up his defense, and as such he was told his evidence was worthless. He lied claiming to have only recieved the instructions 2 weeks ago, despite sending a letter to the independant engineer regarding the proceedings around 4 weeks ago.
he was however, given the chance to question us on our statements, each detailling our involvment in the case, my own account of how I knew Oli, and how the changes Oli made to the original engine spec were decided upon between us, as well as the two engineers reports from Mintec Mini Spares, and Mike Booth, and independant expert agreed by both parties to inspet the engine. Needless to say, the report written was VERY critical of the engine, stating that it could not be deemed dangerous, as there was no chance it would ever even start!
Surprisingly, Morson had no questions at all for any of us, accepting what we said.
His sole claim seemed to be on the fact that he had no contract with Carol, claiming that as the engine was paid for (in part) by Oli's dad, that the contract was with him.
Clearly he had been terribly misinformed, as the contract he entered into was between Oli Lewis and himself, 3rd party involvement in payment has no effect on those entering into the contract. The judge told him politely that Carol was entirely in the right to sue for the refund of the engine, acting on Oli's behalf.
So, with all that aside, both parties were asked if they had anything else to add, we were fairly happy with how things were going, so had nothing more to add. Morson obviously realised the game was up, so kept quiet.
The judge then went on to order Morson to repay the £4900 for the engine in full, along with all court costs incurred by Carol within 14 days.
Morson accepted this, although when asked if he was able to pay in the allotted time, he claimed he was unable to, due to being unemployed!
So, doubtless to say, 14 days will pass, and we will start proceedings to have the payment inforced, through whatever legal means necessary
All in all, happy days I'd say! It's taken almost 2 years since Oli died to get to this stage, but finally things are in our favour.
The world is clearly better off without Morspeed anyway. the whole company was a bad mark on what is otherwise a really awesome little Mini community we have. it's just such a shame he mananged to con so many people over the past few years.
I'll keep everyone updated with how things go over the next few weeks!