323 replies to this topic

[Teapot]

Tell the judge from us he gotta do the right thing.

Good luck.

[Tim1970]

Just read through this all.
Best of luck to yourself prawn and oli's parents today.
Here's hoping justice will be done and the project can continue.
Truly a great thing you are doing.
Best wishes

Tim

[Prawn]

Wooooooooooooooooooooooooooo!!!!!!

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!

[Jordie]

Excellent news.

I hope Simon starts acting like a man and coughs up the cash.

On a more positive note, which reliable well managed engine builder company will be used to do the engine properly this time?

[AndrewJ530]

Brilliant news! Yes, who will you be getting the new engine off?

[alicetheauto]

Been watching this for almost a year, such good news to see that there is still a sense of right and wrong being upheld in the world. I am local to this, so if there is anything else needed in this area, I can always pick up paperwork or whatever as there is a desk at the front of the court for blank documents etc. (had to do this before to a garage, not so successfully as you have) so anything at all, let me know and I can maybe save you a trip etc.
SUCH good news.

[mighty mini jack]

Glad to hear the news, I've been keeping an eye on this thread since I joined. Hopefully it'll all go smoothly from now on!

[Kam]

Thats great news on the hearing! Well done you lot

which bar was that in? hopefully next year Oli's mum will be comming with us in the Mini, so it'd be awesome to take her and show her that people still care

It was in Pistonklause mate, Sabines place, Credit to Matt, his idea, he thought of it before we even turned up but the one of the staff wasn't happy as I think they have stopped any more writings on the wall, but Matt talked him round

[mumofoli]

Hi everyone, thank you all for your continued support. Today was fantastic, at last, worth the fight. As soon as we receive the funds we will be looking to order a new engine to be built exactly to Oli's specification and will then be able to finish his dream. Will keep you all informed, hopefully not long now. Bless you all

[GottaDesigner]

About time and WHAT A RESULT!! I'll bet Oli's cheering his victory up there

[Philbo]

Great tribute, cant wait to see the project finshed.

[minili]

Such GOOD NEWS!! Congrats!!

Sounds like the fight isn't over yet though if he can't pay, I didn't know Morspeed had stopped either! (more good news!)

Well done on getting this far, look forward to seeing the Mini one day!

[Jimmy Morris]

Looks like I won't get my engine then!

[ishy]

Please read into the lines careful people.

“the contract was with Oli despite his dad paying and Carol wants the money back?!?!?” what the hell, greed, money is a dirty thing especially 5K

I for one won’t be welcoming Carol into the mini scene, this is a very sad story, I am very sorry for everyone involved.


David

The judgment was made against Morspeed for breach of contract, why should they be allowed to keep £5K when they failed to provide the service they were paid for? Even if Carol wanted to blow the money on a world cruise that would be her business. She is the beneficiary of Ollie's Estate and I'm sure he would have preferred the money to go to her rather than pay for a botch job.

Take a second to think of the implications if your debts could be cancelled by the death of your creditor.

It's a credit to Oli's family and friends, and the Mini community, that they want to complete his car in his memory: please don't tarnish it with your misplaced vitriol.

[Bungle]

you do know Carol wants the money back so she (with help) can finish her son's car

it's not so she can blow it on a holiday or something