Stalling ?

[mickeyboy]

Re: Stalling ?

I asked xxx to sell my bike ,i have had numerous new bikes off him in the past 2o years ,so regarded him as a friend ,i just assumed it was his shop as he has been running it for that length of time ,,at no time ever did he say he never owned the shop ,or that he would sell my motorbike through the company ,I had never heard of the other company until he sent details to the court, like i said in previous posts ,i gave it to him in all faith for him to sell for me and he just has not paid me ,i have all the texts and e-mails from him stating he would get me my money has soon as he had it ,and he also sent me a text with a document from his bank saying he has paid ,but it was a false document, it was not my bank details , he is just a compulsive liar....... this is what i have just found ,this might help my case ......Rossendale Motorcycles Ltd, a Kawasaki motorcycle dealership in lancashire UK.

Rossendale Kawasaki started life as "Stott Motors" just down the road from our present showroom, in the 1970's by brothers Ray & Jack Stott. After a move to our current location in 1976, we became Kawasaki "B" dealers and in 1981 Kawasaki Main Dealers.

Taken over by ex racer Tim Smith in 1995, the company quickly grew, from £250k turnover to £1m+ within a few years. Today it is the North West's leading solous Kawasaki dealer, with awards for customer satisfaction. It has a repuation seond to none for value and service. ......and his other company ,,,,,,http://www.feridax.com/dealer_locator/dealer_information.php?AccountID=53472&AddressID=0 ......i have also found other documentation stating he is the director of the company and i have info stating his other company was not trading since 31/07/2014 .,it was around 2 months after this date i asked him to sell my bike .....

[des8]

Re: Stalling ?

From Defence:
"I was up until Feb 2015 a director of
the above company. The agreement to sell XXXXXXXXXX bike was made
between XXXXXXXXXXXX and XXXXXXXX Trading as XXXXXXXXXXXXXX.
At the time XXXXXXXXXXX made this agreement I was employed by XXXXXXX."

From Wales:
"Having read this before editing I would say the claim is against a LTD company"

Really need to know with whom the agreement to sell the bike was made:
Was it with the defendant as a private individual, or with other individuals trading as XXXX or with a limited company?

[wales01man]

Re: Stalling ?

Having read this before editing I would say the claim is against a LTD company if its true all paperwork and correspondence was with the company unless the claimant can prove different.
After all if you buy goods from a large store the claim would be against the company not an employee.

[mickeyboy]

Re: Stalling ?

Hello Again ,Today I have had the following from the court,i do not known what a bar is or what to do next ? please help & please delete where needed ..
.Defence and Counterclaim


Claim number
XXXXXXXXXXXXX

Claimant
XXXXXXXXXXXX

Defendant
XXXXXXXXXXXX


How much of the claim do you dispute?


I dispute the full amount claimed as shown on the claim form.


Do you dispute this claim because you have already paid it?


No, for other reasons.


Defence


This claim is address to the incorrect person. It is unjust and
unfounded.I have no case to answer. And it should be a 'strike
out'

As clearly stated in XXXXXX own claim statement, his issue
over payment is with XXXXXXXX. I do not 'own'
XXXXXXXXXX as alleged in the claim particulars.
XXXXXXXXX is a trading name of XXXXXXXXXXXXXXXXX
and not owned by any one person, including myself.

I was up until Feb 2015 a director of
the above company. The agreement to sell XXXXXXXXXX bike was made
between XXXXXXXXXXXX and XXXXXXXX Trading as XXXXXXXXXXXXXX.
At the time XXXXXXXXXXX made this agreement I was employed by XXXXXXX.

As the agreement was between XXXXXXXXXXXXX and XXXXXXXXXX I
cannot comment on details of the agreement including fee's, or
other amounts. It is very clear from XXXXXXXXXXX claim that his
issue is with XXXXXXXXX. In fact he admits that he has
been told the company is liable for the purchase amount of his
motorcycle.

I have had no emails or text messages from XXXXXXXX
to any personal email address or mobile phone. I understand XXXXXXXX
has both emailed and sent text messages to the email
address of XXXXXXXXXXX and to the mobile phone owned and used by
the same company. XXXXXXXXXXXXXXX have confirmed to me that the
motorcycle in question was purchased by them from XXXXXXXXXX.
XXXXXXX limited have confirmed to me that they owe XXXXXXXXXX for the
sale of his motorcycle but the amount is currently in dispute with
XXXXXXXXX.

I no longer work for above company. Nor do I work
for XXXXXXXXX as XXXXXXXXXXXXXX alleged in the claim. I work
full time for a business not connected to either of these 2
companies and totally unconnected in any way to motorcycles.

I have had no warning of legal action or request for payment of any
invoice. No letter of intent has been sent. As I am sure XXXXXXXX
has made a genuine mistake in directing his claim to me personally
and should have address this claim to the correct party - XXXXXXXX.

Due to the fact I believe this his his error I will not
counterclaim. However I will be claiming any out of pocket
expenses including but not limited to taking time off work to
attend court if this claim is not 'strike out' or re issued to the
correct legal entity - XXXXXXXXX Trading as XXXXXXXXXXXX.

XXXXXXXXXX did visit XXXXXXXXXXXXXXX and left a hand written note demanding
£3000, but with no explanation as it what the money was for. Any
further unauthorised visits to that address or demands for money
with be referred directly to the Police.

The fact remains that XXXXXXXXXXX fully admit the sale of
XXXXXXXXX' motorcycle on his behalf, the
purchaser XXXXXXXXXX also states that XXXXXXXX sold the
bike to them, and even XXXXXXXXXXXX in his claim admits that
XXXXXXXXXXXXXX (a trading name of XXXXXXXXX) owe's him
the claimed money.

The undisputed facts are that XXXXXXXXXX wanted
XXXXXXXXXXXXXXXXXXX (a trading name of XXXXXXXXXX) to sell his
motorcycle. XXXXXXXXX fully admit to this. XXXXXXXXXXX fully
admit to purchasing the motorcycle from XXXXXXXXXX. Nowhere in
these 3 facts does it in anyway amply that I XXXXXXXXXXX personally
had anything to do with this claim.

Both business involved and
even the claimant all agree XXXXXXXXXX (a trading name of
XXXXXXXXXXX) should be the defendant for this claim. As I am not
XXXXXXXXXX I am unable to comment on the amount claim, but I am
aware it is disputed by XXXXXXXXXX, however they should be asked
directly on this matter.

Rule 3.4 enables the court to strike out
the whole or part of a statement of case which discloses no
reasonable grounds for bringing a claim (rule 3.4(2)(a)), or which
is an abuse of the process of the court.

Clearly this claim is
such a case, as XXXXXXXXXX offers no evidence that I am liable for
the claim and further goes on to agree that XXXXXXXXXXXX (XXXXXXXXXX) are liable.

[nemesis45]

Re: Stalling ?

Ok thank's Nem ,thats put my mind at rest ,you have been a great help ..

Don't hesitate to come back if anything crops up!!

nem

[mickeyboy]

Re: Stalling ?

Ok Mickey I know what CT revision surgery is like had R hand done twice an waiting for LH now plus 2 plastic fingers on RM not easy to manage just after the surgery.

Just as said get your info all in order when / if he actually files a defence and you get a copy just come back here and we can guide you through!

nem

Ok thank's Nem ,thats put my mind at rest ,you have been a great help ..

[nemesis45]

Re: Stalling ?

Thank's Nem , I have had too much stress these last 6 months ,suspected mini stroke and carpal tunnel in both wrists ,thats why bike had to go ,high bp ,I just don't need all the new stress .

Ok Mickey I know what CT revision surgery is like had R hand done twice an waiting for LH now plus 2 plastic fingers on RM not easy to manage just after the surgery.

Just as said get your info all in order when / if he actually files a defence and you get a copy just come back here and we can guide you through!

nem

[mickeyboy]

Re: Stalling ?

I wouldn't worry too much about it Mickey!! Just get your end in order and see what he comes up with if anything.

nem

Thank's Nem , I have had too much stress these last 6 months ,suspected mini stroke and carpal tunnel in both wrists ,thats why bike had to go ,high bp ,I just don't need all the new stress .

[nemesis45]

Re: Stalling ?

I do not know if he has a solicitor or not ,,as i stated he told me he no longer lived at that address ,his ex wife does ,so i assumed she would pass correspondence on to him ,When you say hope he's not savvy enough to make a deal of a pre-action protocol ,what could happen ,? I have looked on the gov site MCOL ,and nowhere does it say i have to write to him ,only the Police said to inform him ,which i did in the only way i knew he would definitely receive it ,That's by text ,getting worried now ...he has SOLD my bike and i'm just after my money ,and this has been going on for month's

I wouldn't worry too much about it Mickey!! Just get your end in order and see what he comes up with if anything.

nem

[des8]

Re: Stalling ?

The protocol regarding the necessity for contacting the other party are contained in the Civil Procedure Rules.
See here: https://www.justice.gov.uk/courts/pr...action_conduct

However as above you have passed that stage, probably with no detriment to your case.

[mickeyboy]

Re: Stalling ?

I would doubt whether it is possible to send a letter before action that is compliant with the pre-action protocol by text message.

However, it is a bit late for that now so I guess you better hope that he is not savvy enough to make a bit deal of it, is he acting for himself (or does he have a solicitor?)

I do not know if he has a solicitor or not ,,as i stated he told me he no longer lived at that address ,his ex wife does ,so i assumed she would pass correspondence on to him ,When you say hope he's not savvy enough to make a deal of a pre-action protocol ,what could happen ,? I have looked on the gov site MCOL ,and nowhere does it say i have to write to him ,only the Police said to inform him ,which i did in the only way i knew he would definitely receive it ,That's by text ,getting worried now ...he has SOLD my bike and i'm just after my money ,and this has been going on for month's

[des8]

Re: Stalling ?

Whilst the OP may not have sent a formal LBC, he has seemingly complied with the protocol principles.
Anyway, failure to comply with a protocol is not necessarily fatal to a case.
Failure could in theory impact on the order the judge makes and could affect the amount of costs recoverable by the winner.
However in this case, and considering the OP is LiP, I really don't see it being a problem.

[stevemLS]

Re: Stalling ?

I would doubt whether it is possible to send a letter before action that is compliant with the pre-action protocol by text message.

However, it is a bit late for that now so I guess you better hope that he is not savvy enough to make a bit deal of it, is he acting for himself (or does he have a solicitor?)

[nemesis45]

Re: Stalling ?

Same here about the techy stuff ,i had to ask someone ,I now have all the stuff off my phone and copied ,all transcripts will be produced x 3 ,thanks for your Help ...

No problem, please let us know how you get on.

nem

[mickeyboy]

Re: Stalling ?

Same here about the techy stuff ,i had to ask someone ,I now have all the stuff off my phone and copied ,all transcripts will be produced x 3 ,thanks for your Help ...