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Strange behaviour from defendant in small claims case
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red_django
Posts: 1 Newbie
We are currently the complainant in an ongoing small claims case against a second hand van dealer who sold us a van of unsatisfactory quality. We have already had to involve the police as the defendant has made threats and aggressive behaviour. We now keep receiving recorded delivery letters containing nothing but blank paper. Any idea why they would do this and advice in what we should do ? Thanks in advance.
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Comments
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Likely they are using them as proof of delivery of something they are not actually sending you to use in court as a defence, keep them all safe !
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Perhaps send a recorded letter back to the sender saying something like...
"Thank you for the recorded delivery letters which appear to have come from you, postmarked xx/xx/2020 and xx/xx/2020 with Royal Mail tracking references nnn and nnn.
Unfortunately, both envelopes only contained blank sheets of paper. If these letters are from you, and you sent blank sheets of paper in error, please feel free to send me the correct contents, if you wish."
And obviously keep a copy of your letter as evidence, in case things end up in court.
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Or even sent it on a post card. No dispute about you doing the same to them.1
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I wouldn't bother writing back recorded delivery. Just send it first class so it can't be refused.And if I were the OP I wouldn't accept any recorded deliveries.1
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I would just bin these letters, ignore them and continue with the court process.
It sounds like this individual will not pay up even if ordered by the court, so you should research enforcement options - e.g. bailiffs.1 -
@red_django ... how did you pay for the van originally? And was this a consumer purchase or a business purchase? (Vans would normally be for business, unless the contrary could be proven).
Regarding enforcement ... I imagine that the amount owed is >£600. If yes then you could engage High Court Enforcement Officers (HCEOs ... think Here Come The Sheriffs). They have much greater powers of enforcement than Bailiffs. The reality though is that nothing is going to happen quickly in these current climes.1
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