247 replies to this topic

[wzd345]

Go to court, get a judgement and if its not discharged, you can enforce it by engaging the Bailiffs. Its all very easy and the info is available online and from the local County Court office.

Thanks i will drop Dark Scamp a PM.

How did you go about taking him to court as this will be the first for me, through small claims court?

I notice there is an online small claims court - has anyone used this?

thanks for help,

Martin

[Ethel]

http://www.smallclai.../ex302_0406.pdf

You may be as well filing through his local county court if it's likely he'll contest the claim.

[shinerwright]

Thanks for the link Ethel.

I'm stuck at the first box - His address. I beleive he has moved but don't know where but on his door to his old workshop in coalville it says leave post next door.

Do I still use that address or will this be pointless?

[Ethel]

You need an address to serve the notice to. From what I've read he is/was operating as a sole trader so his home address will do. It can get a little more complicated as you'd need to apply to a judge to serve a claim to another address & you'd have to pay for that application on top. There are online companies who provide addresses & there's always the phone book 'n electoral roll.

It could be a lot of effort so make sure there's a reasonable prospect of him being able to pay before you spend too much time & money.

You have six years to file a claim for breach of contract, so there's no rush and it could pay to wait.

[Bungle]

https://www.moneycla...eb/mcol/welcome

[jcsmarttec]

Look the company up on companies house to see if it's really real. Also they wouldn't PM somebody. Ha ha. A letter would be sent to them and they would be asked to reply with in 7 days. Lol and that's just text book stuff, lol. Righting on a public forum is still classed as slanderous tho even if it's not spoken. Trust me my mrs works for the CPS. ) hope that helps.

[Ethel]

Companies will know nothing about him unless he's a public limited company - doubtful. Slander isn't a criminal offence, so nothing to do with the CPS. It is true that you can defame someone on the internet, or anywhere else, but only if what you say is presented as a fact when it isn't, and it causes some damage.

[Darkscamp]

Right i've answered the PM, so is the bandwagon going to cease for today.

A few differences from the PM to whats posted on here but thats normal.


It always amazes me just how many people on this forum have taken him to court now, yet i only know of one

[hystrix cristata]

If he owes anyone over £750 you can get a statutory demand and then if not paid in 21 days make him bankrupt which cost about £600 plus solicitors fees. Doing this might not get you all your money back depending on what assets and debts he's got

[shinerwright]

Look the company up on companies house to see if it's really real. Also they wouldn't PM somebody. Ha ha. A letter would be sent to them and they would be asked to reply with in 7 days. Lol and that's just text book stuff, lol. Righting on a public forum is still classed as slanderous tho even if it's not spoken. Trust me my mrs works for the CPS. ) hope that helps.

Sorry I don't understand the PM part in this, was this aimed at me?

Right i've answered the PM, so is the bandwagon going to cease for today.

A few differences from the PM to whats posted on here but thats normal.

Thanks Darkscamp for that, I have replied and also answered why there is a difference between the PM and post!

Thanks all for help, I don't want to start all that stuff about slandering off again, just needed advice on the best path to take, which has now been pointed out - thanks.

[wolfie]

http://www.smallclai.../ex302_0406.pdf

You may be as well filing through his local county court if it's likely he'll contest the claim.

what makes you say this? if shinerwright opens the claim at leicester then he/she will have to travel to the court for the hearing, if the claim is opened in Portsmouth the Sim on has to go there instead, unless ive missed something then opening in leicester will be harder work.

I thought this may be a good way to reply, since so long has lapsed since Wolfie's post:
A defendant can apply to have a claim transferred to their local court, remember it's the plaintiff's duty to make & prove the claim, innocent until proven....

If the defendant makes an application to transfer the claim (Morspeed have before) it creates more work & delay. The default choice would be the court district in which the original contract was made.

[Turbominiman]

Just a thought,

Perhaps a whois search on the morspeed.co.uk domain may shed some light on an address???????

try this for example.

Link to whois.domaintools.com

[ducati.tom]

The domain is registered at Simon's home address, which I think he has moved from now!

[jamiestevenbell]

has anyone brought an engine from morespeed in the last 6months as i was looking to buy one from there i was wondering if the reputation is changing at all

[Sleepy Stu]

has anyone brought an engine from morespeed in the last 6months as i was looking to buy one from there i was wondering if the reputation is changing at all

To be honest I find it astonishing that after declaring bankruptcy he can just close his old business and then have the money to open a whole new one.

Edited by Sleepy Stu, 07 April 2011 - 10:51 PM.