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Stalling ?

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  • #31
    Re: Stalling ?

    Following some PMs from mickeyboy, for the sake of those following this thread and in the hopes of other advice, the situation appears to be as follows:

    mickeyboy entrusted his bike to Mr. TS for sale.
    Mr TS appeared to be a sole trader, t/a RK out of premises in B. Road.
    When the bike appeared to have been sold, but no money was forthcoming, mickeyboy commenced court proceedings
    He named the claimant as Mr TS.

    The defence is that in fact Mr TS was an employee of RK which is a trading name of TSR, and the wrong person was named as defendant.

    It now becomes interesting.
    RK trades in Motorcycles from a retail shop.Not a registered company.
    TSR, a registered Ltd company, gives its occupation as "Retail sale via mail order houses or via internet" (No retail motorcycle shop)
    No Officers are listed but Mr TS & Mr DS (brothers?) with the same correspondence address as RK. resigned as officers Feb 2015.
    Two shareholders: Mr TS & MR DS
    The only other connection I can find is on a third party website which describes TSR t/a RM (see below)

    Now there is also a company called RM ltd which deals in motor cycles.
    Its registered address is just a mail drop.
    Current officer is Mr TS
    If you look for its trading premises you find yourself back at RK
    They have filed for voluntary strike off, which will be effective Nov 2015.


    Who should be named as defendant?
    When the bike was left for sale it was done without receipts or paperwork, because OP thought they were friends.
    I wonder if the name of the defendant could/should be changed ((www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/can-I-change-the-defendant-name.aspx) but to whom?
    RM perhaps
    and then objecting to the strike off(/www.gov.uk/object-to-a-limited-company-being-struck-off) on the grounds there is an outstanding court case.

    The two motorcycle trade names are very similar and RM and RK seem to be used interchangeably and even appear together on one website!

    Last edited by des8; 13th October 2015, 10:29:AM.

    Comment


    • #32
      Re: Stalling ?

      Slight update: OP reports that the shop has been stripped bare!

      Comment


      • #33
        Re: Stalling ?

        Really doesn't want to deal with this does he.

        With regards the Defendant, I'd say the individual who had the bike and was selling it for a 'friend' would be the person to sue. That he then chose, without discussion to sell it through a business and where the bike went after that point is not of concern of the claimant. He entrusted his bike to a 'friend' to sell as he knew he had contacts etc. There's no contract ( or receipts/paperwork etc) and I'd bet its not in the accounts of the business anywhere.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #34
          Re: Stalling ?

          Originally posted by Amethyst View Post
          Really doesn't want to deal with this does he.

          With regards the Defendant, I'd say the individual who had the bike and was selling it for a 'friend' would be the person to sue. That he then chose, without discussion to sell it through a business and where the bike went after that point is not of concern of the claimant. He entrusted his bike to a 'friend' to sell as he knew he had contacts etc. There's no contract ( or receipts/paperwork etc) and I'd bet its not in the accounts of the business anywhere.
          If I can sue the person i gave the bike to and i win ( hopefully ) can i send the collection agents /bailiffs to his home address ? ,Because i know he has a big fancy house ..

          Comment


          • #35
            Re: Stalling ?

            If the judge agrees it is he who you should sue, and you win, then yes, the judgment would be against him personally and enforceable against him personally.

            That is just my thoughts though on who the defendant should be, it hugely depends whether the court is convinced the guy was acting on behalf of the business or personally.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #36
              Re: Stalling ?

              Originally posted by Amethyst View Post
              If the judge agrees it is he who you should sue, and you win, then yes, the judgment would be against him personally and enforceable against him personally.

              That is just my thoughts though on who the defendant should be, it hugely depends whether the court is convinced the guy was acting on behalf of the business or personally.

              Thank you Amethyst ,This is the Avenue i will take ,after all ,I did give my bike to ts ,regardless of if he owns a company or was an employee of a company , He disposed of it the way he saw fit but retained the money for himself ,, I thought of him as a friend after many years and buying bikes from him ,,He is the owner of said shop ,I know he is the owner of said shop ,but he is trying to hide under all those aliases ,So it will be him personally ....

              Comment


              • #37
                Re: Stalling ?

                Just been flicking through this thread again, and as you intend to continue against Mr TS I think you should consider writing a "reply to the Defence".
                There are so many untruths in it where he refers to your Particulars of Claim that I think you need to highlight them to show his word is not to be trusted.

                Comment


                • #38
                  Re: Stalling ?

                  Thanks again for the reply ,Would that be the D Q ?Or just write to the court ,? or something seperate to send to the court ? ,Another important bit of evidence ,,R/k and R/m Have the same telephone number ,,,Tsr ,share the same number with R/k. The mobile number i have got is his own private number and not linked to any of those business's he states it belongs to .Its all a bit confusing ,but with your invaluable help i will get there .

                  Comment


                  • #39
                    Re: Stalling ?

                    The "Reply to the Defence" will be a separate document, but submitted at the same time .

                    You need to head it up with the Claim number & date
                    Claimant ...............Michael XXX
                    v
                    Defendant............Mr TS

                    REPLY TO THE DEFENCE

                    It is noted that the submitted Defence has un-numbered paragraphs.
                    In this response therefore the Claimant will keep strictly to the order of the Defence.

                    1. Defendant asserts: "As clearly stated in Mr xxx own claim statement, his issue over payment is with R Kawaski"
                    It is denied that there is such a statement in the particulars of claim

                    2. Defendant asserts "R Kawasaki is a trading name of TSR Uk Ltd 801 Burnley Road Crawshawbooth Rossendale BB4 8BW"
                    The claimant puts the defendant to strict proof of this statement.
                    A company called TSR UK Ltd, Reg No; 08604714 registered office1 St. Saviours Wharf, 23 Mill Street, London, SE1 2BE, lists its operations as;
                    • 47910 - Retail sale via mail order houses or via Internet. (exhibit Xx ,,,You will need to get copy of company house details) ,
                    • If this is the company to which the defendant refers it was trading outside of its declared operations.
                    • 3. The Defendant asserts that TSR Uk Ltd is "not owned by anyone person, including myself. I was up until Feb 2015 a director of the above company"
                    • The claimant notes in relation to TSR Uk Ltd (no 08604714) the defendant's directorship was terminated in February 2015, but that he is listed as co-owner with 50% of the shareholding on a filing made at Companies House on 10/07/2015 (exhibit xx)
                    • 4. the defendant asserts "The agreement to sell Mr Hxxx bike was made between Mr Hxxx and TSR Uk Ltd trading as Rossendale Kawasaki"
                    • The claimant denies this as he had no knowledge of TSR Uk Ltd at that time, and puts the defendant to strict proof of his statement
                    • The bike was entrusted to he defendant as a private individual for sale as the claimant had dealt with the defendant over several years and was aware of his connections within the biking fraternity and considered him a friend who owned a retail outlet.


                    And so on working your way through his defence picking up on all the inaccuracies and inconsistencies..
                    Point out at the end that the defence was verified with a statement of truth!.

                    Your reply needs to be signed of with a statement of truth



                    Last edited by des8; 14th October 2015, 09:40:AM. Reason: Hmm! don't know where the bullet points have come from...weren't there when I typed!!

                    Comment


                    • #40
                      Re: Stalling ?

                      Thank you Des8 I cannot thank you enough , I will be in touch with all updates ..

                      Comment


                      • #41
                        Re: Stalling ?

                        Just back from hols , I have had a notice of proposed allocation to the small claims court ,/directions questionaire ( small claims track )form N180.I will fill this in ,but do i need to send a copy of this to the defendant ? Also The evidence i am going to produce in court that ridicules his statement ,do i have to send this to the court at this time with the N180 ? and also a copy to the defendant ? or just wait until he gets a shock in court ?

                        Comment


                        • #42
                          Re: Stalling ?

                          Originally posted by mickeyboy View Post
                          Just back from hols , I have had a notice of proposed allocation to the small claims court ,/directions questionaire ( small claims track )form N180.I will fill this in ,but do i need to send a copy of this to the defendant ? Also The evidence i am going to produce in court that ridicules his statement ,do i have to send this to the court at this time with the N180 ? and also a copy to the defendant ? or just wait until he gets a shock in court ?
                          Yes 1 copy to claimant 1 to Court and of course a copy for your file.

                          nem

                          Comment


                          • #43
                            Re: Stalling ?

                            Originally posted by nemesis45 View Post
                            Yes 1 copy to claimant 1 to Court and of course a copy for your file.

                            nem
                            just a little confused ,,so i send a copy of the NI80 to the defendant ? also i send a copy of my REPLY TO THE DEFENCE my evidence ,texts ,emails etc ,to the defendant also ?

                            Comment


                            • #44
                              Re: Stalling ?

                              Originally posted by mickeyboy View Post
                              just a little confused ,,so i send a copy of the NI80 to the defendant ? also i send a copy of my REPLY TO THE DEFENCE my evidence ,texts ,emails etc ,to the defendant also ?
                              Just the N180.

                              nem

                              Comment


                              • #45
                                Re: Stalling ?

                                Originally posted by nemesis45 View Post
                                Just the N180.

                                nem
                                Is there a court fee to send as well with the N180 ?as i cannot find any on the paperwork

                                Comment

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