Stalling ?

[mickeyboy]

Long story short ,,
Gave my motorcycle to a chap who owns a motorcycle shop to sell for me ,I asked him to do me a favour and sell it for a set amount ,Unbeknown to me he was struggling to stay afloat and has since closed ,Well i found out he sold my bike months before but never told me ,i have been to the police who said i have to take him to court ,which i have now done ,the cheeky sod now said on the acknowledgement that he intends to defend all of the case , ??? is he just stalling for time to pay or what,I do know he still lives in a big fancy house by me ,so why is he stalling and telling lies ,,I have all text's and e-mails stating that he was selling the bike numerous times but the sales fell through ,other times he said he would pay me asap ..

[nemesis45]

Re: Stalling ?

Hi Welcome to LB,

My guess would be stalling!
Now he has stated that he intends to defend the claim he has to produce his defence fully pleaded and file it with the court and the court will serve you with a copy of the defence you then have 28 days to respond/ or withdraw the claim.

As the claimant the onus of proving the man owes you the money falls on you so you need now to start preparing all the documents you have in evidence of your claim get ahead by making at least 3 copies of each document ( 1 for him. 1 for you 1. for the court " bundle" + a couple of spares in case something goes missing ( easiest to make 3 separate identical files).
The court ( as is explained in the claim pack) will issue documents as the case progresses you must follow the process.
Once you receive a copy of his defence you can prepare to refute the points in it this is your " witness statement", we can assist you get to this stage.

Did you send a " letter before claim/ action" notifying him that if he did not pay you would start a claim?

nem

[mickeyboy]

Re: Stalling ?

Thanks for the quick reply ,we have all copies of texts emails and a false payment confirmation ( he somehow put the wrong bank account details in ,so he said )so still no money ,The police just said let him know my intention to take him to court ,as we have been communicating by text ,i informed him of my intention by Text on my phone ,and i still have that on my phone .he did state that he was not living at his address ,just his ex wife lives there ,so i just sent the court his old address ,and it seems he is still living there ,once again all this is on my phone ...

[nemesis45]

Re: Stalling ?

Thanks for the quick reply ,we have all copies of texts emails and a false payment confirmation ( he somehow put the wrong bank account details in ,so he said )so still no money ,The police just said let him know my intention to take him to court ,as we have been communicating by text ,i informed him of my intention by Text on my phone ,and i still have that on my phone .he did state that he was not living at his address ,just his ex wife lives there ,so i just sent the court his old address ,and it seems he is still living there ,once again all this is on my phone ...

I'm useless when it comes to the techy stuff on phone and computers but I think you will need to get transcript of the information on your phone somehow so you can present it in evidence.

It may be that once you have his defence and state you are continuing the claim he may decide he's had enough.

What ever happens the documents each party intends to rely on must be provided to the defendant/claimant and the court at least 14 days before a hearing.

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 ...

[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

[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?)

[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.

[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 ?

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.

[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

[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 ?

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 ?

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 ?

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