Stalling ?

[mickeyboy]

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.

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 ..

[Amethyst]

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.

[des8]

Re: Stalling ?

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

[des8]

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!

[des8]

Re: Stalling ?

Thanks again des8 .Will i have to put Mr so and so the defendent and I the claimaint ? And yes i will go all the way to get my money as i cannot afford to lose £3000.

No. Just "the claimant claims/ asserts/says etc"
and "The defendant owes/said/wrote etc"

[mickeyboy]

Re: Stalling ?

Thanks again des8 .Will i have to put Mr so and so the defendent and I the claimaint ? And yes i will go all the way to get my money as i cannot afford to lose £3000.

[des8]

Re: Stalling ?

You're welcome.
As you are continuing with the claim I would suggest that in future submissions to the court you refer to yourself as the claimant and the other party as the defendant. No more "I" and "he",
Paragraphs should be numbered, and line spacing 1.5.
This makes it easier for the court to read.
And don't forget to verify with a statement of truth.

[mickeyboy]

Re: Stalling ?

Thanks des 8 ,i was looking for anything to ridicule his silly falsehoods ,,i am going armed now all the way to get my money ,I cannot thank you enough for the info .

[des8]

Re: Stalling ?

Other than sharing an address (land and electronic) and directors/owners I can find no link between TSR uk Ltd And R. K.
TSR do not list retail sales of m/c from shops as one of their activities.

It is possible they are not actually linked, and in fact it is Mr T Smith who is trading as R.K.

In your reply to the defence I would suggest you put the defendant to strict proof as to the claim that TSR are t/a RK.

Other suggestions from Beagles welcomed!

[mickeyboy]

Re: Stalling ?

So XXX (UK) Ltd are registered at companies House.
Their activity is "Retail sale via mail order houses or via internet"
Correspondence address is 801 Burnley Rd, which is where there is a retail outlet "Rossendale Kawaski". (not exactly mail order or internet).
There were only 2 officers who both resigned 01 February 2015 are D J Smith and T D Smith (brothers?).


When you left your bike for sale, were you given a receipt?
If so what was the company on the heading?


The bar prevents you applying for a default judgement as a defence has been lodged.
DQ = Directions Questionnaire which is sent to both parties for completion to assist court in deciding on allocation to which track.

Thanks; for the information ,And i did not get a receipt ,I just left it to him him to sell as i thought he was a friend who i have dealt with for years ,there has never been any other indication of anybody else owning that shop .I think the smaller named of the 2 business's has only been set up a couple of years ??

[des8]

Re: Stalling ?

So XXX (UK) Ltd are registered at companies House.
Their activity is "Retail sale via mail order houses or via internet"
Correspondence address is 801 Burnley Rd, which is where there is a retail outlet "Rossendale Kawaski". (not exactly mail order or internet).
There were only 2 officers who both resigned 01 February 2015 are D J Smith and T D Smith (brothers?).


When you left your bike for sale, were you given a receipt?
If so what was the company on the heading?


The bar prevents you applying for a default judgement as a defence has been lodged.
DQ = Directions Questionnaire which is sent to both parties for completion to assist court in deciding on allocation to which track.

[mickeyboy]

Re: Stalling ?

sample of emails ...Hi Michael
I hope you are well !!

Sorry for the slow answer but I have been away so not checking my emails.

I am back next week, so will phone you either Monday or Tuesday (depending when I get back)

The good news is I took a deposit on your bike just before going away, so should be able to sort it out this week or next. I will phone the chap 1st then you, Monday or Tuesday.

Cheers Tim..................
Hi Michael

Still awaiting payment on your er6, I am giving him until next week then might have to put it back up for sale, as I don't want to be messed about !! And I want to get you the money asap

Kind Regards Tim...
The problem is at the moment that he cannot get the money to pay for it

I will speak again with him tomorrow and update you asap

Kind Regards Tim
I never noticed these emails were from tim@tsruk.co....


sample of textsHi michael different customer but taken a deposit on your er6 he's got his test on the 27th of august so i will contact you then and get you paid. Will £2850 be ok ? cheers tim
if he does not pass his test i will just buy it,i have spent a lot of time and some money doing it up so want to get something back for my effort !!!I am away from tomorrow until the 20th so i will ring you then if that is ok .if he passes and has it great otherwise i will just buy so you are sorted ....
I have lots of other text's as well Thanks for helping me Mickeyboy

[mickeyboy]

Re: Stalling ?

DQ sent to Mr T smith on 08/10/2015 ,from the court ,what is this as well please ? And i still need to know what the bar is ,Thanks

[mickeyboy]

Re: Stalling ?

hi again my claim goes as this .....Particulars of Claim


I asked XXXXXXX who own's Rossendale
Kawasaki bike shop to sell my motorcycle ,We
agreed Over £3000 and i would settle for
£2900,I was trying to trace my bike because
his shop had been closed for several months
and i did not know where it was ,I found my
bike on ebay for sale ,I went to bury
motorcycles ,where XXXX said it had not sold
,At this time i took picture's of the bike in
the shop for future evidence ,I have since
found out he sold the bike to Bury
motorcycle's in June and never told me and
kept the money ,Since then he has been lying
to me and fobbing me off for around 3/4
months ,I have asked for my money constantly
and he promises then tells another lie,I have
all emails and text's stating our
conversation and the lie's he's told ,I have
found out he has now closed rossendale
kawasaki and works at bury motorcyles 2 days
a week now ,he has said it is not him but the
company that owe's the money I would like to
claim costs



Details of claim


Amount claimed
£2,900.00

Court fee
£105.00

Total amount
£3,005.00

[des8]

Re: Stalling ?

From Defence:." In fact he admits that he has been told the company is liable for the purchase amount of his
motorcycle. "
From post 19: "I had never heard of the other company until he sent details to the court"
From Defene: "and even XXXXXXXXXXXX in his claim admits that XXXXXXXXXXXXXX (a trading name of XXXXXXXXX) owe's him the claimed money. "

There are so many contradictions I think we need to see a copy of the claim.