Small Claims Court....

Smoyf

Since everyone is talking about small claims courts. Maybe someone can advise.

5 years ago almost a guy agreed to buy a motorcycle from me. At the time he had the bike doing work on it for me. I decided to sell and he agreed a price to purchase the bike. After that he did not pay any money and moved. After a year of calls and promises he blocked all contact.

I went to small claims court in Scotland. The guy did not acknowledge being called up. Last April the judge awarded me the claim, with interest and expenses. On top of the debt I had to pay £100 to talk to small claims.

After this it is up to me to appoint a Sheriff Officer to attempt to make collection. I have paid them to find and address,, (twice), serve the notice and try to arrest bank and wages. (after paying to try and find the employer)

18 months later I am no further forward. Another several hundred pounds in debt.

Am I just wasting my time? What is point if not enforceable?

Very frustrating and seemingly pointless system reliant on the victims efforts.

Thanks Steven.

unholyangel

DVLA with the bike registration to see if its still registered to him and at which address?

Smoyf

The DVLA are not interested as I am no longer the keeper of the bike. They issued the new V5 document to someone but would not tell me to who or where.
They are only interested in the current keeper of a vehicle and take no place in ownership disputes. The only way to stop the issue of the V5 is if the bike was reported stolen.
The police are the same as it is small claims/ civil matter will not report stolen.

Thanks though.

DoaM

There's a way to "game" the system ... you can make a manual (paper) request for keeper details by inventing a scenario (e.g. the bike has been abandoned on your land and you're tracing the keeper to get it removed).

Not that I'd recommend making a fraudulent inquiry ............

Smoyf

The DVLA contacted me first to inform me that someone was attempting to register the bike. There were several letters went back and fourth but to no satisfactory end.
The address is no longer the issue as the Sheriff officers have that. The respondent is basically ignoring the Sheriff order from the judge and communications from the Sheriff Officers in the knowledge there is very little that can be done.