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Getting a solicitor to help in a trade purchase?
Comments
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JustAnotherSaver wrote: »So he 'takes them to court'. I don't actually know whether that's a physical turn up in a court room kind of thing or a send paperwork off kind of thing but regardless - they either don't turn up or they just ignore paperwork.
Someone somewhere decides that my brother 'wins' his case. The garage continues to ignore.
Then what? Go round there with paperwork saying you 'won' & you want your money back? They're going to say sorry for inconveniencing you, here it is in full?
Clearly my lack of understanding how all this goes should be evident right now. What i'm asking is who is actually going to make them either answer or hand over any money?
The answer cannot be 'you' - as quite clearly that is not working.
If you win and the don't pay send in the bailiffs or send it up to the high court.0 -
If you keep sending out letters before action and don't take action, how seriously do you think they will take the threat? Don't bother with the 3rd. Either take the action or move on and forget it.0
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If they fail to respond to court papers then you win by default and can start enforcement proceedings. That means you can instruct baliffs.
If the debt is over a thousand pounds you can escalate it up to the High Court and then instruct HCEO's to enforce it. They have greater power than baliffs and are paid by results so tend to be more successful.
The defendant (the garage) bears all the cost for this. Costs are added on to the bill they have to pay.
If they enter a defence then you have to attend court to argue your case. You will be offered mediation by the court to resolve the issue. You can accept or decline this. It will have no bearing on any outcome if it fails to work. The mediation is confidential and cannot be used in proceedings.
You may also be offered to have the case heard on paper. That means neither side turns up but the judge reads your case and their defence and comes to a decision. You both have to agree to this.
Continually sending letters they ignore is fruitless. Either take them to court or give up.0 -
If they fail to respond to court papers then you win by default and can start enforcement proceedings. That means you can instruct baliffs.
If the debt is over a thousand pounds you can escalate it up to the High Court and then instruct HCEO's to enforce it. They have greater power than baliffs and are paid by results so tend to be more successful.
The defendant (the garage) bears all the cost for this. Costs are added on to the bill they have to pay.
If they enter a defence then you have to attend court to argue your case. You will be offered mediation by the court to resolve the issue. You can accept or decline this. It will have no bearing on any outcome if it fails to work. The mediation is confidential and cannot be used in proceedings.
You may also be offered to have the case heard on paper. That means neither side turns up but the judge reads your case and their defence and comes to a decision. You both have to agree to this.
Continually sending letters they ignore is fruitless. Either take them to court or give up.
One correction - if one party doesn't agree to mediation, it can affect the award for costs. Been there done that. Still waiting for the other side to agree to the agreed costs after an out of court settlement. We were told that we didn't have to go to mediation, but that it can affect costs awards.0 -
Thanks for the responses.
Just 1 thing though...Either take them to court or give up.
As this is the second time this has been said since my last post...
They were given 30 days, as advised at this stage.
It's been 6 days since that letter was sent out.
Bit off if you start saying let's go to court right this minute.
So 24 days it is...0 -
JustAnotherSaver wrote: »Thanks for the responses.
Just 1 thing though...
As this is the second time this has been said since my last post...
They were given 30 days, as advised at this stage.
It's been 6 days since that letter was sent out.
Bit off if you start saying let's go to court right this minute.
So 24 days it is...
Regardless, if your friend wants his LBA to be taken seriously, then send no more letters and then at the end of the period start proceedings. If he doesn't then respond to court letters, then he is liable by default.0 -
JustAnotherSaver wrote: »Thanks for the responses.
Just 1 thing though...
As this is the second time this has been said since my last post...
They were given 30 days, as advised at this stage.
It's been 6 days since that letter was sent out.
Bit off if you start saying let's go to court right this minute.
So 24 days it is...
How many letters has he sent giving them x amount of days? I can't remember.0 -
You have over 3,500 posts on a message board where daily people bang on about how everyone should jump back 5000 pages to see if they can find a thread somewhere where a question may be somewhat similar to the one they want to ask...How many letters has he sent giving them x amount of days? I can't remember.
No, i'm not one of those people, i think anyone should be free to ask whatever they want whenever they want & if people don't like it scroll on, but i'm only saying
...but you didn't spot the post 9 slots above yours @ post #69 that answers your question?
I know i know ... it was rhetorical.
Anyway, as said, thanks for the answers.0 -
I would suggest two things:
That your friend has been an idiot by constantly extending the deadline. The other side will likely just call his bluff now. Even if the other side gets a CCJ, he can just restart his business without the CCJ.
Secondly, less snarky responses like the one above will get you more help, remember that honey attracts more bees than vinegar.
And yes, I have been helpful to you in this thread...0 -
Mercdriver wrote: »I would suggest two things:
That your friend has been an idiot by constantly extending the deadline. The other side will likely just call his bluff now. Even if the other side gets a CCJ, he can just restart his business without the CCJ.
Secondly, less snarky responses like the one above will get you more help, remember that honey attracts more bees than vinegar.
And yes, I have been helpful to you in this thread...
You catch more flies with honey than with vinegar, I don`t think bees like vinegar
Rest of the post is bang on though
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