Stalling ?

[mickeyboy]

Re: Stalling ?

Sorry but i have a couple more questions ,I have sent a copy of the N 180 to the court and a copy to the defendant ,I have not received a copy from him ,Is he required to send me a copy ? the other question is ,I have found on Cab website ,that any evidence that i may have, that i intend to use in court that i may have to send a copy to the defendant as well ,surely this cannot be correct ,as i have nothing from him ? He will have ample opportunity and time to come up with excuses and lies ? Thanks again M ,

[mickeyboy]

Re: Stalling ?

ok ,i have got it ,i was going to send a reply to the defence with the N 180 and copies of my texts and evidence ,i will leave it to the court date then ,Thanks for the reply M.

[Amethyst]

Re: Stalling ?

There is a hearing fee payable later but there's no longer an allocation fee to pay as it's included in the issue fee.

Copy of the N180 to the court and to the defendant.

Your witness statement and whatnots will come later once allocated to a court.

[nemesis45]

Re: Stalling ?

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

No this is straight forward court procedure.

nem

[mickeyboy]

Re: Stalling ?

Just the N180.

nem

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

[nemesis45]

Re: Stalling ?

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

[mickeyboy]

Re: Stalling ?

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 ?

[nemesis45]

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 ?

Yes 1 copy to claimant 1 to Court and of course a copy for your file.

nem

[mickeyboy]

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 ?

[mickeyboy]

Re: Stalling ?

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

[des8]

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

[mickeyboy]

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 .

[des8]

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.

[mickeyboy]

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.

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 ....

[Amethyst]

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.