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Some legal advice needed, please.

l5foye

Active Member
Joined
Jun 16, 2003
Messages
937
Location
N.Ireland
Car
ML 300CDI
At the tail end of last year, I was involved in the purchase of a SL which all went badly wrong. I paid a deposit in advance of seeing the car- big mistake. Car turned out to be nowhere near as described (more miles, more defects than stated and so on) -battery flat, vendor put jump leads to car, blew all the fuses and rendered car undriveable. Then to add insult to injury, he refused to refund my deposit! When polite requests did not produce anything, I took a case to the Small Claims Court here in N. Ireland and last month, secured a decree/order against the vendor. As he has not paid up, I now need to have the Court decree/order enforced. The crook who is self employed, lives in Hertfordshire but the N. Ireland system of enforcement has no jurisdiction in England. My question is- how can I get the decree/order enforced?
 
I'm no lawyer but.... you will probably have to take him to the small claims court in the UK. Frankly I am surprised the court in NI would even get involved if they had no durestriction but I am somewhat surprised they have no durestriction.

How big was the deposit?
 
unfortunately, even on the mainland, the small claims court is all bark and no bite :(
 
l5foye said:
At the tail end of last year, I was involved in the purchase of a SL which all went badly wrong. I paid a deposit in advance of seeing the car- big mistake. Car turned out to be nowhere near as described (more miles, more defects than stated and so on) -battery flat, vendor put jump leads to car, blew all the fuses and rendered car undriveable. Then to add insult to injury, he refused to refund my deposit! When polite requests did not produce anything, I took a case to the Small Claims Court here in N. Ireland and last month, secured a decree/order against the vendor. As he has not paid up, I now need to have the Court decree/order enforced. The crook who is self employed, lives in Hertfordshire but the N. Ireland system of enforcement has no jurisdiction in England. My question is- how can I get the decree/order enforced?

Get someone in the nearby district to offer a car for sale and wait for this clown to call in. Then make the relevant adjustments by towing his car to a holding location.
 
You could try contacting Trading standards offices in Hertfordshire. If the guy is still selling he might not like them 'sniffing about' (although my (limited) experience is that they don't have any real 'teeth' either).

If you take him to Small Claims Court in UK you may have to travel to UK to attend (more than once?).

Even if you win and he doesn't pay up all the Court can do is put a County Court judgememnt on him (cannot NI Court do this?), which should effectively kil his credit rating.

If the deposit wasn't too large (and it shouldn't have been :eek: cos you hadn't seen car) then I'd put it down to experience and move on.

Cheers,
 
Thanks for all the advice. The Small Claims Court in N.Ireland has the jurisdiction to hear cases against someone living in England, Scotland and Wales. There is an Enforcement of Judgments Office which is pretty successful in recovering debts but it cannot act against someone in England, S or W. I have made an online claim so it is 'wait and see' time. I would like to think that a debt verified by part of the County Court here will stand a reasonable chance of success.
 

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