Oh FFS! Buyer of my car issued court summons!

Oh FFS! Buyer of my car issued court summons!

Author
Discussion

mattdaniels

7,353 posts

281 months

Monday 14th January 2013
quotequote all
Glad you got a "result" in your favour. beer

CYMR0

3,940 posts

199 months

Monday 14th January 2013
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Wonder if he's the same guy who tried suing his holiday operator when he booked flights on the wrong dates?

slippery

14,093 posts

238 months

Monday 14th January 2013
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RRH said:
From what I can gather, mediation was worthwhile. They appear to have convinced him it wasn't going to end well...
You've almost certainly hit the nail on the head there. yes

POORCARDEALER

8,523 posts

240 months

Monday 14th January 2013
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I think he as used the county Court system to try and bully you...when he has seen it wasnt going to work, hes back pedelled.

gaz1234

5,233 posts

218 months

Monday 14th January 2013
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thought that would happen, now name and shame the fk

Grenoble

50,291 posts

154 months

Monday 14th January 2013
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gaz1234 said:
thought that would happen, now name and shame the fk
Which part of the PH rules on no name and shame do you not understand?

C. Grimsley

1,364 posts

194 months

Monday 14th January 2013
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Just skimmed through this some people must just be mad, fair play to you for sticking with it.

Carl



RRH

Original Poster:

562 posts

246 months

Monday 14th January 2013
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gaz1234 said:
thought that would happen, now name and shame the fk
That ain't going to happen, sorry. Just not my style thumbup

PAULJ5555

3,554 posts

175 months

Tuesday 15th January 2013
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RRH said:
I've just spoken to the court, he didn't pay so the action has been struck out.

What an absolute pain in the arse. Don't get me wrong, I'm pleased to not have to go to court, but I was happy to do so as I've done absolutely nothing wrong!

Anyway, thank you all for your help and assistance, I really am very grateful.
You should have paid it for him, would be funny to see his face.

E-B

394 posts

177 months

Tuesday 15th January 2013
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PAULJ5555 said:
You should have paid it for him, would be funny to see his face.
+1

biggrin


LawabidinLad

6 posts

171 months

Tuesday 15th January 2013
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PAULJ5555 said:
You should have paid it for him, would be funny to see his face.
Now that would have been a picture!, good outcome in the end and entertaining reading. smile

Sargeant Orange

2,687 posts

146 months

Wednesday 16th January 2013
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Now keep a look out for a brick coming through your front window, he sounds just the type

JustinP1

13,330 posts

229 months

Wednesday 16th January 2013
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Sargeant Orange said:
Now keep a look out for a brick coming through your front window, he sounds just the type
Where do you live, Longsight in Manchester?

The rest of the UK isn't really like that...

airportparking

1,314 posts

161 months

Wednesday 16th January 2013
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Sounds like he tried his luck and failed, well done OP for not giving up

Fireblade69

628 posts

202 months

Wednesday 16th January 2013
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What would worry me would be what was said earlier. Can he really restart the claim at a later date? I would want 100% closure on this before I would sleep at night, does the action being struck deny him the ability to re-initiate?

anonymous-user

53 months

Wednesday 16th January 2013
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Issuing new proceedings making the same claim would be an abuse of the court's process, and such a claim would itself be liable to be struck out.

Would you really be kept awake at night by someone making a Mickey Mouse claim against you?

Andy_GSA

518 posts

181 months

Wednesday 16th January 2013
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Breadvan72 said:
Issuing new proceedings making the same claim would be an abuse of the court's process, and such a claim would itself be liable to be struck out.

Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
True, but a claim being struck out for non-payment of a court fee is a sanction based on on-payment of that fee rather than any finding on the merits of the claim itself. The claimant could apply for relief from sanction and to have the claim reinstated on payment of the fee, but hopefully the non-payment is the claimant chickening out rather than an oversight in not paying!

RRH

Original Poster:

562 posts

246 months

Wednesday 16th January 2013
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From memory he had to pay by 19th December- as a result, the order to pay by the 11th or be struck out has been sent.

Cyberprog

2,186 posts

182 months

Wednesday 16th January 2013
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Andy_GSA said:
True, but a claim being struck out for non-payment of a court fee is a sanction based on on-payment of that fee rather than any finding on the merits of the claim itself. The claimant could apply for relief from sanction and to have the claim reinstated on payment of the fee, but hopefully the non-payment is the claimant chickening out rather than an oversight in not paying!
What he said above, but to add, that you have the statute of limitations that will eventually protect you.

I think though, the only way to be free & clear would potentially be to get him to withdraw the claim properly, or pay the hearing fee and force the issue through.

Fireblade69

628 posts

202 months

Thursday 17th January 2013
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Breadvan72 said:
Issuing new proceedings making the same claim would be an abuse of the court's process, and such a claim would itself be liable to be struck out.

Would you really be kept awake at night by someone making a Mickey Mouse claim against you?
Would the threat of a potential court case that could cost me time, money and personal/professional integrity make me lose sleep? Yes, of course it would.