Big Will_

Put your hobnobs back in the cupboard, it's nobody on here

December 2008 i sold an ECU to a chap on another forum, he paid in full and i asked what it was for - turns out he'd had a really bad experience with another tuning company and they'd blown his engine and he was having it sorted with someone else.

He went public on this other forum with the problems he'd had and what was being done to sort it. He said he desperately needed a cylinder head as his was too badly damaged to be used again. I had one for sale and we agreed a deal.

Because he'd been financially wiped out already that month, it was agreed that he would pay a deposit on the head and the rest over a period of 3 months.

Long story short, i've had *some* money off him, but nowhere near the full amount. We're now 13 months down the line and i've had various stories about unemployment/credit crunch/recession/debts mounting up etc.

He still has the car (with a lot of money tied up in it!) and doesn't seem very forthcoming with the outstanding amount.

It's something i'd never normally do, but like a mug i took pity on him having had a shit run of luck and having already had a chunk of money out of him for the ECU figured he must have a good steady income to have been able to afford things so far...

I want to move things up a notch now and just wondered how things stood in terms of 'internet debt'.

I still have text messages/PMs etc. from him and i've got his home address. (I'm not going round with a baseball bat/to burn his house down/to rape his family before the usual suggestions start )

I just want to know if anyone has any experience of legally reclaiming a debt where there is no 'paper trail' as such?

Small Claims Court, Solicitors Letter etc?

Any suggestions?

RANJ

pay him a visit, ive got a similar issue on here aswell, and thats what ill be doing

Less.

Will try having a chat with RWD_cossie.will he seems pretty clued up on these matters

Big Will_

Bit of a last resort really fella.

I'm 6ft 4 and 20 stone - even if i'm polite it'll probably be seen as intimidation

Kind of removes all legal hope at that point if his counter argument is "he's demanding money with menaces"

RANJ

thats makies 2 of us . lol

MikeR

Not if you go in your Shrek costume

Mike

st3v3

tell him polightly that you need the money now as things have gone tits up at youre end, be polight but firm, tell how you gave him a chance when his chips were down, now you need the favor returning, you dont have to tell him him any details.

If he doesnt listern and starts to give the bullshite, tell him that you have all the pm's, texts and e-mails and are currently printing them all off for a solicitor to take a look at them next week (thursday for example) if he can get money to you by wednesday, you might not bother going to the solicitors.

Id try that, if that dont work then go to small claims with all the texs,pm's and emails.

steve.

Isaac.Hunt

If you want to do it the legal way:

Sent a letter to his address with your grievance(s), the solution to them and a reasonable date the solution must be executed by. Also go on to explain that the letter is a "letter before action" and that if the solution isn't met by the specified date litigation will follow shortly afterward. Send this letter by recorded delivery and ensure you keep the tracking details.

If he doesn't settle the outstanding balance then go to https://www.moneyclaim.gov.uk/csmco2/index.jsp and start a small claim with HMCS.

Several things to be aware of: If you don't think he has the money to actually pay you back, then it's probably going to be a waste of time pursuing the debt in this manner - no matter how many judgments you may have, if he hasn't got the assets then it is somewhat pointless. Secondly, on the assumption the defendant is an individual: If the claim is disputed then you will have to travel to his local county court for the hearing, he will not have to come to you.

DaveZS

I was going to say that. People think that they can mug people off because it's 'only' a forum.

cjwood555

Does he still have the head? If so then can you recover it?

You could also send a statutory demand (http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf) which is the precursor to a bankruptcy petition. In this case it would be a bluff because a) bankruptcy only applies if debt > Ł1000 (assuming it's not) and b) it costs Ł150 to file a petition, in addition to any legal costs. But he probably wouldn't know that and it might scare him into paying you back by any means possible!

HTH
Chris
aka the master of getting paid by crap promoters

cozzfather

iTrader: (1)

Will ask politely for the head back and offer to give him his part payment back.
it may just chivvy him along to weigh you in the rest of the brass.

its best to not beat about the bush,i find asking politely and persistently works well.


ps are you sure your 6ft 4 ??? i must be 7ft lol

fordsportjay

iTrader: (6)

turn up at his door with your socket set-remove head........whichever head you choose to remove is up to you and the mood youre in!

RWD_cossie_wil

iTrader: (9)

Will, if you are down this way this weekend, drop in and we will sort it.

steve7786

iTrader: (2)

Take the ecu and fit it to mine

tabetha

Some useful points above, but all have you doing the running.
It will cost to set up a CC summons, it will cost to even try to enforce it if he doesn't pay, as you will have to pay a fee for each option you try to enforce judgement.
Down to basics, YOU have a LEGAL right to seize his assets if he owes you money and won't pay.
If you go take his property then all you have to do is inform him why you are taking it, at the time, does not have to be before, and you can hold his goods giving him a "reasonable" period often quoted as 14 days in CC's to pay or goods will be sold to recover your owed monies inc any "just" expenses.
This is common law and availabvle to everybody, the only thing you must be sure of is evidence as when plod come calling about "stolen" you need to be able to show it to be the case, nb you are not allowed to take anything in connection with his trade/work, as no one courts inc are allowed to take away someones ability to work for money.
tabetha

Rab

Will, I too have difficulty getting head...........

Money won't help though...................

Daveysaff

iTrader: (9)

I've got an issue with a member on here too, has my old saph shell and still hasnt paid me for it... 2 Fookin years ago
Everytime i've paid a polite visit i get the skint sob stories and how poor he is, while he tinkers with his saph and mk 1 escort while rolling a spliff

as355f1

i had a prick try to bump me for new tyre, discs and pads on his van, after several promises of payment i ended up going to his house and started removing the parts, was paid in full within 10 mins when he looked out the window to see what the noise was.

as355f1

report it as stolen

Big Will_

Thanks for the info guys - afraid i've been away for the weekend so only just got on the net

I sent him a PM on the forum in question and a text message pointing him in its direction. He came back asking for my paypal address claiming he'd lost it. He sent another Ł60 over and gave more sob stories and tales of woe.

IF he continues to keep making REGULAR payments and is making an effort to clear the debt, i'll let him take that route. Next payment missed will unfortunately be the end of any ammicable agreements!

Yas89

you got any baseball bats mate...

whosyadaddy

perhaps you missed this bit?

(I'm not going round with a baseball bat/to burn his house down/to rape his family before the usual suggestions start )

Yas89

nah i was asking coz i have a big baseball game coming up and I really need a bat! Sorry, I might be in the wrong forum...is this a car forum or something?

rst in breaking

iTrader: (2)

i know what you mean will, ive sent things out a few times on here before money to get them out asap (your harnesses) and various things to people and thankfully all been honest as ive either asked someone about thier character or built a base and give them a chance so also great people on here to who do the ame, shame the minorit spoil it.

jonny s2

iTrader: (12)

that just takes the piss,if he cant afford it anyway he shouldnt be taking before he pays! fair enough if someone asks to put something to one side for a week or so, could you just not go round to his house and get the head back and settle the difference? he may just stump up with the cash, as 13 months is far too long