Small Claims Gaff

chrisbabes

Hi all,

Posted this in the wrong forum and have moved it over so apologies for the double post. I'm looking for some advice on a small claim.

I issued a claim against a clamping company last month and today is the 14th day. When I made the claim, I undertook to send detailed particulars to the defendant, who still hasn't responded. I'd already sent a detailed letter of the particulars - including photos of the badly illuminated clamping sign - to the defendant before starting the claim, warning them that I was going to take them to court if they didn't return my cash.

I foolishly assumed that this would count as 'detailed particulars' even though it was sent BEFORE the claim was started. a friend told me today that I should have resent them after making the claim. When I go to ask for a judgement on the site it asks me to tick a box asking if I've sent them. I obviously don't want to tick it if then particulars I sent don't count. Is this right? And if so, what should my next course of action be given that I've missed the 14 day deadline for sending them? Kicking myself as I would have won this.

Any advice gratefully received!

Chris

Orford

chrisbabes wrote: »

Kicking myself as I would have won this.

I'm afraid it would have been a hollow victory. The reason is that the clamping co. will ignore any judgement against them and will not pay up, which would mean you would have to pay a fee for bailiffs to visit their premises and attempt to levy etc. The clamping co will have nothing of value to levy on.

You should have claimed against the clamping co and the landowner jointly since the landowner a) is likely to have assets b) is more likely to pay up.

chrisbabes

Yeah it seems you're right, can't believe the creditor has to pay up to enforce a judgement against a debtor. Saying that if I have to pay 100 quid to get a 150 back then at least its a small victory. Worst case I don't do anything and they get a black mark on the credit record right?

Can I issue a second separate claim against the landowner?

Chris

Fergie76

You really think a clamper will worry about a black mark on their credit rating? They don't use credit and if you look up the clamping company they probably already have a few ccj's.

Probably better off posting on pepipoo.

sarahg1969

The "detailed particulars" are the details of the claim either on the county court claim form that you completed, or a separate particulars of claim attached to it. Not the documents evidencing the issue. So long as you have set out how much you want and why, you have provided details particulars and you can now proceed to enter judgment. However, as others have said, it will be a hollow victory; you are unlikely to see a penny from the clampers.

TrickyWicky

Orford wrote: »

I'm afraid it would have been a hollow victory. The reason is that the clamping co. will ignore any judgement against them and will not pay up, which would mean you would have to pay a fee for bailiffs to visit their premises and attempt to levy etc. The clamping co will have nothing of value to levy on.

Dunno about that, have you looked at wheel clamps on ebay? - they ain't cheap. A bailiff taking a clamping companies wheel clamps could do all of us a favour and there is no doubt in my mind they probably have plenty of them in stock. :rotfl:

Sirdan

TrickyWicky wrote: »

Dunno about that, have you looked at wheel clamps on ebay? - they ain't cheap. A bailiff taking a clamping companies wheel clamps could do all of us a favour and there is no doubt in my mind they probably have plenty of them in stock. :rotfl:

Sadly wheel clamps belonging to a clamping company could be properly descibed as "tools of the trade " and as such balliffs are not allowed to seize them.

Coupon-mad

chrisbabes wrote: »

Yeah it seems you're right, can't believe the creditor has to pay up to enforce a judgement against a debtor. Saying that if I have to pay 100 quid to get a 150 back then at least its a small victory. Worst case I don't do anything and they get a black mark on the credit record right?

Can I issue a second separate claim against the landowner?

Chris

I think you have wasted your claim fee but then as others have said, you wasted your time anyway as a win in Court would not have got your money back. I have never read of a bailiff finding anything to seize from a clamper. Big mistake not to find advice about this and name more parties in your Claim.

You have tried to sue a 'man of straw' as they say; the monkey rather than the organ-grinder.

Please start again, go on pepipoo and get advice on how to word your Notices Before Action properly and who to send them to; Landlord or managing agent or whoever contracted the clampers, also some advise to also send one to the clamper himself as an individual if you can find an address.

Then do not use Moneyclaim Online (best only for suing a single party with simple particulars of claim I think), instead get paper forms from your local Court and name at least 2 parties, if not 3 including the clamper guy. Pepipoo will help you if you are unsure what to put as the particulars of claim:

http://forums.pepipoo.com/index.php?showforum=60

Register and start a new thread there. They will help you win this in 2012.

TrickyWicky

Sirdan wrote: »

Sadly wheel clamps belonging to a clamping company could be properly descibed as "tools of the trade " and as such balliffs are not allowed to seize them.

The same could be said about any business equipment but it didn't stop one bloke getting a warrant of execution against his bank for his 'penalty' charges did it.

At the end of the day, clampers make a lot of money, of course there is something the bailiff can do.

vax2002

The word is tangible assets.
I think you will find the clamper has none.
The landowner who employed him as his agent on the other hand will have plenty .

Sirdan

TrickyWicky wrote: »

The same could be said about any business equipment but it didn't stop one bloke getting a warrant of execution against his bank for his 'penalty' charges did it.

At the end of the day, clampers make a lot of money, of course there is something the bailiff can do.

1) Yes it could be said to apply to any business equipment :-

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

2) Getting a warrant is one thing , actually executing it sucessfully is another altogether more tricky matter.

3) Plenty of clamping firms out there with dozens of ignored CCJs and still going about their business ..so I'm afraid bailiffs clearly are ineffective in these circumstances, which is why best advice is to claim against the landowner.