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 ..

[des8]

Re: Stalling ?

Wait and see what the court order following his latest application.
The court turned down his first offer and ordered a payment in full.
Obviously the court looked at his circumstances as declared and decided he could afford full repayment.
Why should they now come to a different decision?

[mickeyboy]

Re: Stalling ?

And still it goes on ,After rejecting his offer of £10 pw which it would have taken 6 years to pay ,the court was in agreement with me and ordered him to pay in full ,Now he's done it again ,asking if he can pay £50 pw ,I am now awaiting the courts answer to my objection and to his variation again ,How long can this keep going on ? can i apply for cost's ,ie paperwork and time answering , and also interest on the money owed ?

[mickeyboy]

Re: Stalling ?

Great minds think alike ,just spent an hour or so with the wife on his ebay site which is doing very well at the moment ,We have added up his sales he has had over a year period,,we did not get to the end there is around 15 pages ,but a quick add up and he had approx £8500 in sales , i will print out as many as i can and send these to the court with my reply ,,We do know his brother is a qualified electrician ,so that part may be true ,he states he works for himself as a labourer with a turnover of £7800pa and his take home pay is £650 pm ,??? the things he has put on the application just do not add up .,He states total income of £1906pm with his out goings of £2578pm,,so he is £672 pm short fall ?? Thanks again for the info .

Has he mentioned his eBay shop on his application form.
I wonder how well that is going.
You can get an idea of turn over from his received feedback.
Have you checked to see if he is telling the truth about being an electricians mate?
In his defence he claimed to be working for another business.... I'm not sure that is how I would describe his currently claimed business.
Might be worth a nose around social media and linkedin etc

Try and throw a question mark over his veracity.

[des8]

Re: Stalling ?

Has he mentioned his eBay shop on his application form.
I wonder how well that is going.
You can get an idea of turn over from his received feedback.
Have you checked to see if he is telling the truth about being an electricians mate?
In his defence he claimed to be working for another business.... I'm not sure that is how I would describe his currently claimed business.
Might be worth a nose around social media and linkedin etc

Try and throw a question mark over his veracity.

[mickeyboy]

Re: Stalling ?

How can i go ahead if he has applied for a suspension of a warrant and/or variation of an order ? I have to reply to the court within 16 days ,i would like this to be over asap , i would love to send them in today ..

The defendant appears to be completely amoral.
He knows how to work the system to his advantage, regardless of what he owes.
I suspect you will be going for payment in full, collection via HCEO if necessary

[des8]

Re: Stalling ?

The defendant appears to be completely amoral.
He knows how to work the system to his advantage, regardless of what he owes.
I suspect you will be going for payment in full, collection via HCEO if necessary

[mickeyboy]

Re: Stalling ?

Just been speaking to the Hceo and they tell me to inform the court of what i will accept as payment ,be it money pm or the amount in full ,then another court date will be set for the judge to intervene and set the amount ,,,

Hello Mickey ,
My feeling is t go for an order to attend for questioning to lie on this would be stupid.
If you don't like the idea of that go to the high court!

nem

[wales01man]

Re: Stalling ?

HCEO time this pee take from someone who by allmeans has the ability to pay should stop now

[nemesis45]

Re: Stalling ?

Thanks for the reply nem ,I do know he has an house worth around £300,000, he has 3 vehicles on the drive to the double garage ,he ran 3 businesses ,and still runs an online ebay shop , he has admitted he works as an electricians mate as a labourer ,the guy is a total Liar ,he paid another £155 to try and have the original order overturned ,and now he says his wife has paid the £50 to have this order varied ,His Lies know no bounds believe me ,i have known him for around 17 years ,, i just want paying and put an end to this nightmare .And i have seen his expenditure statement ,£200pm for gas £160 pm for electric ,and 4 credit cards ,,

Hello Mickey ,
My feeling is t go for an order to attend for questioning to lie on this would be stupid.
If you don't like the idea of that go to the high court!

nem

[mickeyboy]

Re: Stalling ?

Thanks for the reply nem ,I do know he has an house worth around £300,000, he has 3 vehicles on the drive to the double garage ,he ran 3 businesses ,and still runs an online ebay shop , he has admitted he works as an electricians mate as a labourer ,the guy is a total Liar ,he paid another £155 to try and have the original order overturned ,and now he says his wife has paid the £50 to have this order varied ,His Lies know no bounds believe me ,i have known him for around 17 years ,, i just want paying and put an end to this nightmare .And i have seen his expenditure statement ,£200pm for gas £160 pm for electric ,and 4 credit cards ,,

Is the defendant employed?
Have you seen his Income & Expenditure statement?

If employed an attachment of order (AEO) could be served so the employer deducts payments.

What knowledge of his circumstances/ assets do you have?

There is a system for checking on finances, An Order to Attend for Questioning where debtor is ordered to appear before an officer of the court and most show all financial details under oath.

If the debtor does not attend a warrant for arrest for contempt can be issued.

nem

[nemesis45]

Re: Stalling ?

And so it goes on ,Just had the updated Judgement of order along with an Application to vary an order ,In other words the defendant has accepted he owe's me the money but only want's to pay me back at the rate of £10 pw ,Because he cannot afford more ,which will take over 6 year's to pay me ,I have 16 days to reply, As he took full payment for the bike should i just tell the court i want full payment ? ,I am open to advice again from you guy's ,As this all started in Year 2014 it will not be resolved until Year 2022 ,I am so stressed out by this person ,I just want to send in the HCEO,and have done with it .

Is the defendant employed?
Have you seen his Income & Expenditure statement?

If employed an attachment of order (AEO) could be served so the employer deducts payments.

What knowledge of his circumstances/ assets do you have?

There is a system for checking on finances, An Order to Attend for Questioning where debtor is ordered to appear before an officer of the court and most show all financial details under oath.

If the debtor does not attend a warrant for arrest for contempt can be issued.

nem

[mickeyboy]

Re: Stalling ?

And so it goes on ,Just had the updated Judgement of order along with an Application to vary an order ,In other words the defendant has accepted he owe's me the money but only want's to pay me back at the rate of £10 pw ,Because he cannot afford more ,which will take over 6 year's to pay me ,I have 16 days to reply, As he took full payment for the bike should i just tell the court i want full payment ? ,I am open to advice again from you guy's ,As this all started in Year 2014 it will not be resolved until Year 2022 ,I am so stressed out by this person ,I just want to send in the HCEO,and have done with it .

[des8]

Re: Stalling ?

PMSL , thanks!

[mickeyboy]

Re: Stalling ?

Thank will do ,i just have to wait for the updated letter from the court as they awarded me extra for petrol and parking ,he wasn't happy i tell you ,lol.