I used the moneyclaim website to take a retailer to court for breach
of their t&c.


The judge ruled in my favour and awarded the full amount, + costs . He
ordered that the company pays within 14 days.
The judge also said the defendant could not appeal as my evidence was
iron clad and such an appeal had no chance of sucess, thus wasting the
courts time.

The hearing was on the 25th April 2008.

I logged onto the moneyclaim website and it still says that my claim
has been contested which is why it went to a hearing.

What happens now? Do i sit back and wait for the money? What if they
don't pay. If they send the money do I have to write to the court.
This bit is a bit vague and I am not too sure how to proceed.

Aosmosis wrote:

> I used the moneyclaim website to take a retailer to court for breach
> of their t&c.
> 
> 
> The judge ruled in my favour and awarded the full amount, + costs . He
> ordered that the company pays within 14 days.
> The judge also said the defendant could not appeal as my evidence was
> iron clad and such an appeal had no chance of sucess, thus wasting the
> courts time.
> 
> The hearing was on the 25th April 2008.
> 
> I logged onto the moneyclaim website and it still says that my claim
> has been contested which is why it went to a hearing.
> 
> What happens now? Do i sit back and wait for the money? What if they
> don't pay. If they send the money do I have to write to the court.
> This bit is a bit vague and I am not too sure how to proceed.


The defendant can apply to have the judgement overrulled if they feel
that the rulng contravened the law or that the judges rulling ws
outside the limits of his power , they generally have to apply to a
more senior judge or higher court


Have you recieved any paperwork that indicates that the company are
lodging an appeal , it could be that the website has not been updated

You need to wait 14 days for the payment to come through first or
failing that any papers from the court stating that an appeal has been
lodged

In message 
, 
Aosmosis  writes
>I used the moneyclaim website to take a retailer to court for breach
>of their t&c.
>
>
>The judge ruled in my favour and awarded the full amount, + costs . He
>ordered that the company pays within 14 days.
>The judge also said the defendant could not appeal as my evidence was
>iron clad and such an appeal had no chance of sucess, thus wasting the
>courts time.
>
>The hearing was on the 25th April 2008.
>
>I logged onto the moneyclaim website and it still says that my claim
>has been contested which is why it went to a hearing.
>
>What happens now? Do i sit back and wait for the money? What if they
>don't pay. If they send the money do I have to write to the court.
>This bit is a bit vague and I am not too sure how to proceed.

Welcome to the world of County Court Judgements.

What this means is that the court has decided that you are owed some 
money and that the other party should pay up.

You now wait for them to pay up. If they don't pay up, then you will 
need to take enforcement action against them.

Go to the court service web site, there's a leaflet there entitled 
something like "I have a judgement but they haven't paid - what do I do 
now?"

As the CCJ has only just been issued though, you don't need to worry 
just yet.
-- 
Mike_B

On Sun, 27 Apr 2008 11:31:29 GMT, steve robinson wrote:
> Aosmosis wrote:
>
>> I used the moneyclaim website to take a retailer to court for breach
>> of their t&c.
>> 
>> 
>> The judge ruled in my favour and awarded the full amount, + costs . He
>> ordered that the company pays within 14 days.
>> The judge also said the defendant could not appeal as my evidence was
>> iron clad and such an appeal had no chance of sucess, thus wasting the
>> courts time.
>> 
>> The hearing was on the 25th April 2008.
>> 
>> I logged onto the moneyclaim website and it still says that my claim
>> has been contested which is why it went to a hearing.
>> 
>> What happens now? Do i sit back and wait for the money? What if they
>> don't pay. If they send the money do I have to write to the court.
>> This bit is a bit vague and I am not too sure how to proceed.
>
>
> The defendant can apply to have the judgement overrulled if they feel
> that the rulng contravened the law or that the judges rulling ws
> outside the limits of his power , they generally have to apply to a
> more senior judge or higher court
>
>
> Have you recieved any paperwork that indicates that the company are
> lodging an appeal , it could be that the website has not been updated
>
> You need to wait 14 days for the payment to come through first or
> failing that any papers from the court stating that an appeal has been
> lodged

Give them a day or two to update the website. The judgement was only
on friday (it's sunday now, for people who don't read every day) so 
I'd leave it until at least mid-week before getting concerned if the
website is still out of date. I doubt if the company will even get a
posted copy of the judgement until the end of the week - and don't
forget there's a bank-holiday coming up, which is always a good excuse
for a bit more delay.


-- 
. Pete Lynch          I have learned from my mistakes and
. Marlow          ... I am sure I can repeat them exactly
. www.pete-lynch.com               --- Peter Cooke.

"Mike_B"  wrote in message 
news:HFg1At6fqGFIFwTb@localhosts.net...
> In message 
> , 
> Aosmosis  writes
>>I used the moneyclaim website to take a retailer to court for breach
>>of their t&c.
>>
>>
>>The judge ruled in my favour and awarded the full amount, + costs . He
>>ordered that the company pays within 14 days.
>>The judge also said the defendant could not appeal as my evidence was
>>iron clad and such an appeal had no chance of sucess, thus wasting the
>>courts time.
>>
>>The hearing was on the 25th April 2008.
>>
>>I logged onto the moneyclaim website and it still says that my claim
>>has been contested which is why it went to a hearing.
>>
>>What happens now? Do i sit back and wait for the money? What if they
>>don't pay. If they send the money do I have to write to the court.
>>This bit is a bit vague and I am not too sure how to proceed.
>
> Welcome to the world of County Court Judgements.
>
> What this means is that the court has decided that you are owed some money 
> and that the other party should pay up.
>
> You now wait for them to pay up. If they don't pay up, then you will need 
> to take enforcement action against them.
>
> Go to the court service web site, there's a leaflet there entitled 
> something like "I have a judgement but they haven't paid - what do I do 
> now?"
>
> As the CCJ has only just been issued though, you don't need to worry just 
> yet.
> -- 


If they are serial non payers you wont get anything but more cost to 
yourself, check the company out and see how many CCJ's they allready have - 
really would have been wiser to have done this first.

On Apr 27, 1:58 pm, "Essex Laptops - Andy Usher"
 wrote:
> "Mike_B"  wrote in message
>
> news:HFg1At6fqGFIFwTb@localhosts.net...
>
>
>
>
>
> > In message
> > ,
> > Aosmosis  writes
> >>I used the moneyclaim website to take a retailer to court for breach
> >>of their t&c.
>
> >>The judge ruled in my favour and awarded the full amount,  costs . He
> >>ordered that the company pays within 14 days.
> >>The judge also said the defendant could not appeal as my evidence was
> >>iron clad and such an appeal had no chance of sucess, thus wasting the
> >>courts time.
>
> >>The hearing was on the 25th April 2008.
>
> >>I logged onto the moneyclaim website and it still says that my claim
> >>has been contested which is why it went to a hearing.
>
> >>What happens now? Do i sit back and wait for the money? What if they
> >>don't pay. If they send the money do I have to write to the court.
> >>This bit is a bit vague and I am not too sure how to proceed.
>
> > Welcome to the world of County Court Judgements.
>
> > What this means is that the court has decided that you are owed some money
> > and that the other party should pay up.
>
> > You now wait for them to pay up. If they don't pay up, then you will need
> > to take enforcement action against them.
>
> > Go to the court service web site, there's a leaflet there entitled
> > something like "I have a judgement but they haven't paid - what do I do
> > now?"
>
> > As the CCJ has only just been issued though, you don't need to worry just
> > yet.
> > --
>
> If they are serial non payers you wont get anything but more cost to
> yourself, check the company out and see how many CCJ's they allready have > really would have been wiser to have done this first.- Hide quoted text -
>
> - Show quoted text -

Is there a website that lists such judgements?

In message 
, 
Juan Kerr  writes
>
>Is there a website that lists such judgements?

Http://www.registry-trust.org.uk/


-- 
Mike_B

On Apr 27, 12:08 pm, Aosmosis  wrote:
> I used the moneyclaim website to take a retailer to court for breach
> of their t&c.
>
> The judge ruled in my favour and awarded the full amount,  costs . He
> ordered that the company pays within 14 days.
> The judge also said the defendant could not appeal as my evidence was
> iron clad and such an appeal had no chance of sucess, thus wasting the
> courts time.
>
> The hearing was on the 25th April 2008.
>
> I logged onto the moneyclaim website and it still says that my claim
> has been contested which is why it went to a hearing.
>
> What happens now? Do i sit back and wait for the money? What if they
> don't pay. If they send the money do I have to write to the court.
> This bit is a bit vague and I am not too sure how to proceed.

Either the Judge misadvised you, or you have misunderstood what he
said. The Defendant can always appeal (file a form, pay a fee and
they're off) but whether they will succeed with that appeal is another
matter. If you went to a hearing the chance of them successfully
appealing is probably quite low.

I am surprised that the case has stayed within the MCOL system because
it would have been transferred to a local Court for a hearing.

Either way, the Defendant has 14 days to pay. I would suggest waiting
for the 14 days to see what happens. If they pay, great. If not, write
a reminder and threaten enforcement action if they don't pay.

You have a number of options available to you if they don't pay. Which
is the best will depend on the individual circumstances and I can't
recommend anything in particular without further information.

"Aosmosis"  wrote in message 
news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com...
>I used the moneyclaim website to take a retailer to court for breach
> of their t&c.
>
>
> The judge ruled in my favour and awarded the full amount, + costs . He
> ordered that the company pays within 14 days.
> The judge also said the defendant could not appeal as my evidence was
> iron clad and such an appeal had no chance of sucess, thus wasting the
> courts time.
>
> The hearing was on the 25th April 2008.
>
> I logged onto the moneyclaim website and it still says that my claim
> has been contested which is why it went to a hearing.
>
> What happens now? Do i sit back and wait for the money? What if they
> don't pay. If they send the money do I have to write to the court.
> This bit is a bit vague and I am not too sure how to proceed.

Even with a judgement it won't happen overnight, and they will probably try 
and short you for costs.

One thing that will work well against a retailer is bailiffs.  They just 
walk into the shop, and if the keeper won't open the till and pay what's 
owed (plus their preposterous fees) then they will just help themselves to 
what stock they fancy and put it in the auction...

R. Mark Clayton wrote:

> 
> "Aosmosis"  wrote in message
> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com
> ...
> > I used the moneyclaim website to take a retailer to court for breach
> > of their t&c.
> > 
> > 
> > The judge ruled in my favour and awarded the full amount, + costs .
> > He ordered that the company pays within 14 days.
> > The judge also said the defendant could not appeal as my evidence
> > was iron clad and such an appeal had no chance of sucess, thus
> > wasting the courts time.
> > 
> > The hearing was on the 25th April 2008.
> > 
> > I logged onto the moneyclaim website and it still says that my claim
> > has been contested which is why it went to a hearing.
> > 
> > What happens now? Do i sit back and wait for the money? What if they
> > don't pay. If they send the money do I have to write to the court.
> > This bit is a bit vague and I am not too sure how to proceed.
> 
> Even with a judgement it won't happen overnight, and they will
> probably try and short you for costs.
> 
> One thing that will work well against a retailer is bailiffs.  They
> just walk into the shop, and if the keeper won't open the till and
> pay what's owed (plus their preposterous fees) then they will just
> help themselves to what stock they fancy and put it in the auction...

Subject to the stock not having a prevous lieu over it.



--

"steve robinson"  wrote in message 
news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
> R. Mark Clayton wrote:
>
>>
>> "Aosmosis"  wrote in message
>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com
>> ...
>> > I used the moneyclaim website to take a retailer to court for breach
>> > of their t&c.
>> >
>> >
>> > The judge ruled in my favour and awarded the full amount, + costs .
>> > He ordered that the company pays within 14 days.
>> > The judge also said the defendant could not appeal as my evidence
>> > was iron clad and such an appeal had no chance of sucess, thus
>> > wasting the courts time.
>> >
>> > The hearing was on the 25th April 2008.
>> >
>> > I logged onto the moneyclaim website and it still says that my claim
>> > has been contested which is why it went to a hearing.
>> >
>> > What happens now? Do i sit back and wait for the money? What if they
>> > don't pay. If they send the money do I have to write to the court.
>> > This bit is a bit vague and I am not too sure how to proceed.
>>
>> Even with a judgement it won't happen overnight, and they will
>> probably try and short you for costs.
>>
>> One thing that will work well against a retailer is bailiffs.  They
>> just walk into the shop, and if the keeper won't open the till and
>> pay what's owed (plus their preposterous fees) then they will just
>> help themselves to what stock they fancy and put it in the auction...
>
> Subject to the stock not having a prevous lieu over it.

Lien - well yes I suppose.

>
>
>
> -- 
>

"R. Mark Clayton"  wrote in message 
news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>
> "steve robinson"  wrote in message 
> news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
>> R. Mark Clayton wrote:
>>
>>>
>>> "Aosmosis"  wrote in message
>>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com
>>> ...
>>> > I used the moneyclaim website to take a retailer to court for breach
>>> > of their t&c.
>>> >
>>> >
>>> > The judge ruled in my favour and awarded the full amount, + costs .
>>> > He ordered that the company pays within 14 days.
>>> > The judge also said the defendant could not appeal as my evidence
>>> > was iron clad and such an appeal had no chance of sucess, thus
>>> > wasting the courts time.
>>> >
>>> > The hearing was on the 25th April 2008.
>>> >
>>> > I logged onto the moneyclaim website and it still says that my claim
>>> > has been contested which is why it went to a hearing.
>>> >
>>> > What happens now? Do i sit back and wait for the money? What if they
>>> > don't pay. If they send the money do I have to write to the court.
>>> > This bit is a bit vague and I am not too sure how to proceed.
>>>
>>> Even with a judgement it won't happen overnight, and they will
>>> probably try and short you for costs.
>>>
>>> One thing that will work well against a retailer is bailiffs.  They
>>> just walk into the shop, and if the keeper won't open the till and
>>> pay what's owed (plus their preposterous fees) then they will just
>>> help themselves to what stock they fancy and put it in the auction...
>>
>> Subject to the stock not having a prevous lieu over it.
>
> Lien - well yes I suppose.

As I understand it, this would have to be made known by evidence of possession, 
as when bailiffs seized £17,500 worth of alcohol in a Tesco store in 
satisfaction of a debt, by roping it off, or suchlike. The bailiffs are quite 
entitled to take physical possession in the absence of evidence of constructive 
possession.

Janitor of Lunacy wrote:

> 
> "R. Mark Clayton"  wrote in message
> news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
> > 
> >"steve robinson"  wrote in message
> news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
> > > R. Mark Clayton wrote:
> > > 
> > > > 
> >>>"Aosmosis"  wrote in message
> > > > news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou
> > > > ps.com ...
> >>>> I used the moneyclaim website to take a retailer to court for
> breach >>>> of their t&c.
> > > > > 
> > > > > 
> >>>> The judge ruled in my favour and awarded the full amount, +
> costs .  >>>> He ordered that the company pays within 14 days.
> >>>> The judge also said the defendant could not appeal as my evidence
> >>>> was iron clad and such an appeal had no chance of sucess, thus
> >>>> wasting the courts time.
> > > > > 
> >>>> The hearing was on the 25th April 2008.
> > > > > 
> >>>> I logged onto the moneyclaim website and it still says that my
> claim >>>> has been contested which is why it went to a hearing.
> > > > > 
> >>>> What happens now? Do i sit back and wait for the money? What if
> they >>>> don't pay. If they send the money do I have to write to the
> court.  >>>> This bit is a bit vague and I am not too sure how to
> proceed.
> > > > 
> > > > Even with a judgement it won't happen overnight, and they will
> > > > probably try and short you for costs.
> > > > 
> > > > One thing that will work well against a retailer is bailiffs.
> > > > They just walk into the shop, and if the keeper won't open the
> > > > till and pay what's owed (plus their preposterous fees) then
> > > > they will just help themselves to what stock they fancy and put
> > > > it in the auction...
> > > 
> > > Subject to the stock not having a prevous lieu over it.
> > 
> > Lien - well yes I suppose.
> 
> As I understand it, this would have to be made known by evidence of
> possession, as when bailiffs seized £17,500 worth of alcohol in a
> Tesco store in satisfaction of a debt, by roping it off, or suchlike.
> The bailiffs are quite entitled to take physical possession in the
> absence of evidence of constructive possession.

The didnt take it away though did they , before they did remove and
sell at auction they would need to take reasonable steps to make sure
the goods are indeed the debtors , --

"steve robinson"  wrote in message 
news:xn0fphbch1sbtc900c@news-text.blueyonder.co.uk...
> Janitor of Lunacy wrote:
>
>>
>> "R. Mark Clayton"  wrote in message
>> news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>> >
>> >"steve robinson"  wrote in message
>> news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
>> > > R. Mark Clayton wrote:
>> > >
>> > > >
>> >>>"Aosmosis"  wrote in message
>> > > > news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou
>> > > > ps.com ...
>> >>>> I used the moneyclaim website to take a retailer to court for
>> breach >>>> of their t&c.
>> > > > >
>> > > > >
>> >>>> The judge ruled in my favour and awarded the full amount, +
>> costs .  >>>> He ordered that the company pays within 14 days.
>> >>>> The judge also said the defendant could not appeal as my evidence
>> >>>> was iron clad and such an appeal had no chance of sucess, thus
>> >>>> wasting the courts time.
>> > > > >
>> >>>> The hearing was on the 25th April 2008.
>> > > > >
>> >>>> I logged onto the moneyclaim website and it still says that my
>> claim >>>> has been contested which is why it went to a hearing.
>> > > > >
>> >>>> What happens now? Do i sit back and wait for the money? What if
>> they >>>> don't pay. If they send the money do I have to write to the
>> court.  >>>> This bit is a bit vague and I am not too sure how to
>> proceed.
>> > > >
>> > > > Even with a judgement it won't happen overnight, and they will
>> > > > probably try and short you for costs.
>> > > >
>> > > > One thing that will work well against a retailer is bailiffs.
>> > > > They just walk into the shop, and if the keeper won't open the
>> > > > till and pay what's owed (plus their preposterous fees) then
>> > > > they will just help themselves to what stock they fancy and put
>> > > > it in the auction...
>> > >
>> > > Subject to the stock not having a prevous lieu over it.
>> >
>> > Lien - well yes I suppose.
>>
>> As I understand it, this would have to be made known by evidence of
>> possession, as when bailiffs seized £17,500 worth of alcohol in a
>> Tesco store in satisfaction of a debt, by roping it off, or suchlike.
>> The bailiffs are quite entitled to take physical possession in the
>> absence of evidence of constructive possession.
>
> The didnt take it away though did they , before they did remove and
> sell at auction they would need to take reasonable steps to make sure
> the goods are indeed the debtors , --

No, I agree, the point is that they seized it in satisfaction of the proved 
debt, eliciting payment from the debtor, which was the desired result. If the 
debtor had no way of paying within a reasonable time, the bailiffs would have 
been entitled to sell the seized goods at auction. In the Tesco case, there 
seemed to be no doubt as regards the ownership, and I'd suggest none would arise 
elsewhere unless someone raised the issue.

Janitor of Lunacy wrote:

> 
> "steve robinson"  wrote in message
> news:xn0fphbch1sbtc900c@news-text.blueyonder.co.uk...
> > Janitor of Lunacy wrote:
> > 
> > > 
> >>"R. Mark Clayton"  wrote in message
> > > news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
> > > > 
> >>>"steve robinson"  wrote in message
> > > news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
> >>> > R. Mark Clayton wrote:
> >>> >
> >>> > >
> >>>>>"Aosmosis"  wrote in message
> >>> > >
> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou >>>
> > > ps.com ...  >>>>>> I used the moneyclaim website to take a
> retailer to court for >>breach >>>> of their t&c.
> >>> > > >
> >>> > > >
> >>>>>> The judge ruled in my favour and awarded the full amount, +
> >>costs .  >>>> He ordered that the company pays within 14 days.
> >>>>>> The judge also said the defendant could not appeal as my
> evidence >>>>>> was iron clad and such an appeal had no chance of
> sucess, thus >>>>>> wasting the courts time.
> >>> > > >
> >>>>>> The hearing was on the 25th April 2008.
> >>> > > >
> >>>>>> I logged onto the moneyclaim website and it still says that my
> >>claim >>>> has been contested which is why it went to a hearing.
> >>> > > >
> >>>>>> What happens now? Do i sit back and wait for the money? What if
> >>they >>>> don't pay. If they send the money do I have to write to
> the >>court.  >>>> This bit is a bit vague and I am not too sure how
> to
> > > proceed.
> >>> > >
> >>> > > Even with a judgement it won't happen overnight, and they will
> >>> > > probably try and short you for costs.
> >>> > >
> >>> > > One thing that will work well against a retailer is bailiffs.
> >>> > > They just walk into the shop, and if the keeper won't open the
> >>> > > till and pay what's owed (plus their preposterous fees) then
> >>> > > they will just help themselves to what stock they fancy and
> put >>> > > it in the auction...
> >>> >
> >>> > Subject to the stock not having a prevous lieu over it.
> > > > 
> >>> Lien - well yes I suppose.
> > > 
> > > As I understand it, this would have to be made known by evidence
> > > of possession, as when bailiffs seized £17,500 worth of alcohol
> > > in a Tesco store in satisfaction of a debt, by roping it off, or
> > > suchlike.  The bailiffs are quite entitled to take physical
> > > possession in the absence of evidence of constructive possession.
> > 
> > The didnt take it away though did they , before they did remove and
> > sell at auction they would need to take reasonable steps to make
> > sure the goods are indeed the debtors , --
> 
> No, I agree, the point is that they seized it in satisfaction of the
> proved debt, eliciting payment from the debtor, which was the desired
> result. If the debtor had no way of paying within a reasonable time,
> the bailiffs would have been entitled to sell the seized goods at
> auction. In the Tesco case, there seemed to be no doubt as regards
> the ownership, and I'd suggest none would arise elsewhere unless
> someone raised the issue.


Wonder what the situation would be if the bailiffs siezed goods then
sold them at auction ony to have the true owner turn up a few days
later asking for them back

Could the bailiffs be charged with theft , could the owner sue them for
the return of the goods  or does the bailiff just walk away from the
situation

--

"steve robinson"  wrote in message 
news:xn0fphbrr1sxy6p00d@news-text.blueyonder.co.uk...
> Janitor of Lunacy wrote:
>
>>
>> "steve robinson"  wrote in message
>> news:xn0fphbch1sbtc900c@news-text.blueyonder.co.uk...
>> > Janitor of Lunacy wrote:
>> >
>> > >
>> >>"R. Mark Clayton"  wrote in message
>> > > news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>> > > >
>> >>>"steve robinson"  wrote in message
>> > > news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
>> >>> > R. Mark Clayton wrote:
>> >>> >
>> >>> > >
>> >>>>>"Aosmosis"  wrote in message
>> >>> > >
>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou >>>
>> > > ps.com ...  >>>>>> I used the moneyclaim website to take a
>> retailer to court for >>breach >>>> of their t&c.
>> >>> > > >
>> >>> > > >
>> >>>>>> The judge ruled in my favour and awarded the full amount, +
>> >>costs .  >>>> He ordered that the company pays within 14 days.
>> >>>>>> The judge also said the defendant could not appeal as my
>> evidence >>>>>> was iron clad and such an appeal had no chance of
>> sucess, thus >>>>>> wasting the courts time.
>> >>> > > >
>> >>>>>> The hearing was on the 25th April 2008.
>> >>> > > >
>> >>>>>> I logged onto the moneyclaim website and it still says that my
>> >>claim >>>> has been contested which is why it went to a hearing.
>> >>> > > >
>> >>>>>> What happens now? Do i sit back and wait for the money? What if
>> >>they >>>> don't pay. If they send the money do I have to write to
>> the >>court.  >>>> This bit is a bit vague and I am not too sure how
>> to
>> > > proceed.
>> >>> > >
>> >>> > > Even with a judgement it won't happen overnight, and they will
>> >>> > > probably try and short you for costs.
>> >>> > >
>> >>> > > One thing that will work well against a retailer is bailiffs.
>> >>> > > They just walk into the shop, and if the keeper won't open the
>> >>> > > till and pay what's owed (plus their preposterous fees) then
>> >>> > > they will just help themselves to what stock they fancy and
>> put >>> > > it in the auction...
>> >>> >
>> >>> > Subject to the stock not having a prevous lieu over it.
>> > > >
>> >>> Lien - well yes I suppose.
>> > >
>> > > As I understand it, this would have to be made known by evidence
>> > > of possession, as when bailiffs seized £17,500 worth of alcohol
>> > > in a Tesco store in satisfaction of a debt, by roping it off, or
>> > > suchlike.  The bailiffs are quite entitled to take physical
>> > > possession in the absence of evidence of constructive possession.
>> >
>> > The didnt take it away though did they , before they did remove and
>> > sell at auction they would need to take reasonable steps to make
>> > sure the goods are indeed the debtors , --
>>
>> No, I agree, the point is that they seized it in satisfaction of the
>> proved debt, eliciting payment from the debtor, which was the desired
>> result. If the debtor had no way of paying within a reasonable time,
>> the bailiffs would have been entitled to sell the seized goods at
>> auction. In the Tesco case, there seemed to be no doubt as regards
>> the ownership, and I'd suggest none would arise elsewhere unless
>> someone raised the issue.
>
>
> Wonder what the situation would be if the bailiffs siezed goods then
> sold them at auction ony to have the true owner turn up a few days
> later asking for them back
>
> Could the bailiffs be charged with theft , could the owner sue them for
> the return of the goods  or does the bailiff just walk away from the
> situation

No likelihood of theft because not only are they acting under a claim of right, 
but they are not dishonest (on the face of it).

They might be sued for conversion, then the Torts (Interference With Goods) Act 
1977 comes into play, and all parties having a claim will get a say. Since the 
bailiffs are acting under judicial authority, my recollection is that they are 
immune from liability.

On Apr 28, 8:54 pm, "Janitor of Lunacy"  wrote:
> "R. Mark Clayton"  wrote in messagenews:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>
>
>
>
>
>
>
> > "steve robinson"  wrote in message
> >news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
> >> R. Mark Clayton wrote:
>
> >>> "Aosmosis"  wrote in message
> >>>news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com
> >>> ...
> >>> > I used the moneyclaim website to take a retailer to court for breach> >>> > of their t&c.
>
> >>> > The judge ruled in my favour and awarded the full amount,  costs .
> >>> > He ordered that the company pays within 14 days.
> >>> > The judge also said the defendant could not appeal as my evidence
> >>> > was iron clad and such an appeal had no chance of sucess, thus
> >>> > wasting the courts time.
>
> >>> > The hearing was on the 25th April 2008.
>
> >>> > I logged onto the moneyclaim website and it still says that my claim> >>> > has been contested which is why it went to a hearing.
>
> >>> > What happens now? Do i sit back and wait for the money? What if they> >>> > don't pay. If they send the money do I have to write to the court.
> >>> > This bit is a bit vague and I am not too sure how to proceed.
>
> >>> Even with a judgement it won't happen overnight, and they will
> >>> probably try and short you for costs.
>
> >>> One thing that will work well against a retailer is bailiffs.  They
> >>> just walk into the shop, and if the keeper won't open the till and
> >>> pay what's owed (plus their preposterous fees) then they will just
> >>> help themselves to what stock they fancy and put it in the auction...
>
> >> Subject to the stock not having a prevous lieu over it.
>
> > Lien - well yes I suppose.
>
> As I understand it, this would have to be made known by evidence of possession,
> as when bailiffs seized £17,500 worth of alcohol in a Tesco store in
> satisfaction of a debt, by roping it off, or suchlike. The bailiffs are quite
> entitled to take physical possession in the absence of evidence of constructive
> possession.- Hide quoted text -
>
> - Show quoted text -

In all the times that I have seen bailiffs in action I havenever seen
them actually take something away.  They generally talk 'walking
possession' of goods, and use that as a means of extracting cash. It
can be very effective.

"Janitor of Lunacy"  writes:

> Since the bailiffs are acting under judicial authority, my
> recollection is that they are immune from liability.

But surely the bailiff only has judicial authority to seize goods
belonging to the person named on the warrant. So if they take goods
belonging to someone else, are they not acting outside their authority
and therefore not immune from liability?

On Mon, 28 Apr 2008 21:48:23 +0100, Janitor of Lunacy wrote:

> "steve robinson"  wrote in message 
> news:xn0fphbrr1sxy6p00d@news-text.blueyonder.co.uk...
>> Janitor of Lunacy wrote:
>>
>>>
>>> "steve robinson"  wrote in message
>>> news:xn0fphbch1sbtc900c@news-text.blueyonder.co.uk...
>>> > Janitor of Lunacy wrote:
>>> >
>>> > >
>>> >>"R. Mark Clayton"  wrote in message
>>> > > news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>>> > > >
>>> >>>"steve robinson"  wrote in message
>>> > > news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
>>> >>> > R. Mark Clayton wrote:
>>> >>> >
>>> >>> > >
>>> >>>>>"Aosmosis"  wrote in message
>>> >>> > >
>>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou >>>
>>> > > ps.com ...  >>>>>> I used the moneyclaim website to take a
>>> retailer to court for >>breach >>>> of their t&c.
>>> >>> > > >
>>> >>> > > >
>>> >>>>>> The judge ruled in my favour and awarded the full amount, +
>>> >>costs .  >>>> He ordered that the company pays within 14 days.
>>> >>>>>> The judge also said the defendant could not appeal as my
>>> evidence >>>>>> was iron clad and such an appeal had no chance of
>>> sucess, thus >>>>>> wasting the courts time.
>>> >>> > > >
>>> >>>>>> The hearing was on the 25th April 2008.
>>> >>> > > >
>>> >>>>>> I logged onto the moneyclaim website and it still says that my
>>> >>claim >>>> has been contested which is why it went to a hearing.
>>> >>> > > >
>>> >>>>>> What happens now? Do i sit back and wait for the money? What if
>>> >>they >>>> don't pay. If they send the money do I have to write to
>>> the >>court.  >>>> This bit is a bit vague and I am not too sure how
>>> to
>>> > > proceed.
>>> >>> > >
>>> >>> > > Even with a judgement it won't happen overnight, and they will
>>> >>> > > probably try and short you for costs.
>>> >>> > >
>>> >>> > > One thing that will work well against a retailer is bailiffs.
>>> >>> > > They just walk into the shop, and if the keeper won't open the
>>> >>> > > till and pay what's owed (plus their preposterous fees) then
>>> >>> > > they will just help themselves to what stock they fancy and
>>> put >>> > > it in the auction...
>>> >>> >
>>> >>> > Subject to the stock not having a prevous lieu over it.
>>> > > >
>>> >>> Lien - well yes I suppose.
>>> > >
>>> > > As I understand it, this would have to be made known by evidence
>>> > > of possession, as when bailiffs seized £17,500 worth of alcohol
>>> > > in a Tesco store in satisfaction of a debt, by roping it off, or
>>> > > suchlike.  The bailiffs are quite entitled to take physical
>>> > > possession in the absence of evidence of constructive possession.
>>> >
>>> > The didnt take it away though did they , before they did remove and
>>> > sell at auction they would need to take reasonable steps to make
>>> > sure the goods are indeed the debtors , --
>>>
>>> No, I agree, the point is that they seized it in satisfaction of the
>>> proved debt, eliciting payment from the debtor, which was the desired
>>> result. If the debtor had no way of paying within a reasonable time,
>>> the bailiffs would have been entitled to sell the seized goods at
>>> auction. In the Tesco case, there seemed to be no doubt as regards
>>> the ownership, and I'd suggest none would arise elsewhere unless
>>> someone raised the issue.
>>
>>
>> Wonder what the situation would be if the bailiffs siezed goods then
>> sold them at auction ony to have the true owner turn up a few days
>> later asking for them back
>>
>> Could the bailiffs be charged with theft , could the owner sue them for
>> the return of the goods  or does the bailiff just walk away from the
>> situation
> 
> No likelihood of theft because not only are they acting under a claim of right, 
> but they are not dishonest (on the face of it).
> 
> They might be sued for conversion, then the Torts (Interference With Goods) Act 
> 1977 comes into play, and all parties having a claim will get a say. Since the 
> bailiffs are acting under judicial authority, my recollection is that they are 
> immune from liability.

If so, is the true owner ot of pocket?

"_"  wrote in message 
news:hwdrkqeluuce.17xx7l032hpkb$.dlg@40tude.net...
> On Mon, 28 Apr 2008 21:48:23 +0100, Janitor of Lunacy wrote:
>
>> "steve robinson"  wrote in message
>> news:xn0fphbrr1sxy6p00d@news-text.blueyonder.co.uk...
>>> Janitor of Lunacy wrote:
>>>
>>>>
>>>> "steve robinson"  wrote in message
>>>> news:xn0fphbch1sbtc900c@news-text.blueyonder.co.uk...
>>>> > Janitor of Lunacy wrote:
>>>> >
>>>> > >
>>>> >>"R. Mark Clayton"  wrote in message
>>>> > > news:Rqidnc20VLXRuIvVnZ2dnUVZ8vudnZ2d@bt.com...
>>>> > > >
>>>> >>>"steve robinson"  wrote in message
>>>> > > news:xn0fph31p1h71ym006@news-text.blueyonder.co.uk...
>>>> >>> > R. Mark Clayton wrote:
>>>> >>> >
>>>> >>> > >
>>>> >>>>>"Aosmosis"  wrote in message
>>>> >>> > >
>>>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegrou >>>
>>>> > > ps.com ...  >>>>>> I used the moneyclaim website to take a
>>>> retailer to court for >>breach >>>> of their t&c.
>>>> >>> > > >
>>>> >>> > > >
>>>> >>>>>> The judge ruled in my favour and awarded the full amount, +
>>>> >>costs .  >>>> He ordered that the company pays within 14 days.
>>>> >>>>>> The judge also said the defendant could not appeal as my
>>>> evidence >>>>>> was iron clad and such an appeal had no chance of
>>>> sucess, thus >>>>>> wasting the courts time.
>>>> >>> > > >
>>>> >>>>>> The hearing was on the 25th April 2008.
>>>> >>> > > >
>>>> >>>>>> I logged onto the moneyclaim website and it still says that my
>>>> >>claim >>>> has been contested which is why it went to a hearing.
>>>> >>> > > >
>>>> >>>>>> What happens now? Do i sit back and wait for the money? What if
>>>> >>they >>>> don't pay. If they send the money do I have to write to
>>>> the >>court.  >>>> This bit is a bit vague and I am not too sure how
>>>> to
>>>> > > proceed.
>>>> >>> > >
>>>> >>> > > Even with a judgement it won't happen overnight, and they will
>>>> >>> > > probably try and short you for costs.
>>>> >>> > >
>>>> >>> > > One thing that will work well against a retailer is bailiffs.
>>>> >>> > > They just walk into the shop, and if the keeper won't open the
>>>> >>> > > till and pay what's owed (plus their preposterous fees) then
>>>> >>> > > they will just help themselves to what stock they fancy and
>>>> put >>> > > it in the auction...
>>>> >>> >
>>>> >>> > Subject to the stock not having a prevous lieu over it.
>>>> > > >
>>>> >>> Lien - well yes I suppose.
>>>> > >
>>>> > > As I understand it, this would have to be made known by evidence
>>>> > > of possession, as when bailiffs seized £17,500 worth of alcohol
>>>> > > in a Tesco store in satisfaction of a debt, by roping it off, or
>>>> > > suchlike.  The bailiffs are quite entitled to take physical
>>>> > > possession in the absence of evidence of constructive possession.
>>>> >
>>>> > The didnt take it away though did they , before they did remove and
>>>> > sell at auction they would need to take reasonable steps to make
>>>> > sure the goods are indeed the debtors , --
>>>>
>>>> No, I agree, the point is that they seized it in satisfaction of the
>>>> proved debt, eliciting payment from the debtor, which was the desired
>>>> result. If the debtor had no way of paying within a reasonable time,
>>>> the bailiffs would have been entitled to sell the seized goods at
>>>> auction. In the Tesco case, there seemed to be no doubt as regards
>>>> the ownership, and I'd suggest none would arise elsewhere unless
>>>> someone raised the issue.
>>>
>>>
>>> Wonder what the situation would be if the bailiffs siezed goods then
>>> sold them at auction ony to have the true owner turn up a few days
>>> later asking for them back
>>>
>>> Could the bailiffs be charged with theft , could the owner sue them for
>>> the return of the goods  or does the bailiff just walk away from the
>>> situation
>>
>> No likelihood of theft because not only are they acting under a claim of 
>> right,
>> but they are not dishonest (on the face of it).
>>
>> They might be sued for conversion, then the Torts (Interference With Goods) 
>> Act
>> 1977 comes into play, and all parties having a claim will get a say. Since 
>> the
>> bailiffs are acting under judicial authority, my recollection is that they 
>> are
>> immune from liability.
>
> If so, is the true owner ot of pocket?

My understanding of the Act (although I've never used it) is that the court will 
rule who has the best title as against all other claimants, and make appropriate 
orders, which may include restitution or compensation, so the short answer is 
"no".

On Apr 29, 12:41 am, "R. Mark Clayton" 
wrote:
> "Aosmosis"  wrote in message
>
> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com...
>
>
>
>
>
> >I used the moneyclaim website to take a retailer to court for breach
> > of their t&c.
>
> > The judge ruled in my favour and awarded the full amount,  costs . He
> > ordered that the company pays within 14 days.
> > The judge also said the defendant could not appeal as my evidence was
> > iron clad and such an appeal had no chance of sucess, thus wasting the
> > courts time.
>
> > The hearing was on the 25th April 2008.
>
> > I logged onto the moneyclaim website and it still says that my claim
> > has been contested which is why it went to a hearing.
>
> > What happens now? Do i sit back and wait for the money? What if they
> > don't pay. If they send the money do I have to write to the court.
> > This bit is a bit vague and I am not too sure how to proceed.
>
> Even with a judgement it won't happen overnight, and they will probably try
> and short you for costs.
>
> One thing that will work well against a retailer is bailiffs.  They just> walk into the shop, and if the keeper won't open the till and pay what's
> owed (plus their preposterous fees) then they will just help themselves to> what stock they fancy and put it in the auction...- Hide quoted text -
>
> - Show quoted text -

A bailiff will only visit premises 3 times to try and enforce a court
order....most folk who know that simply lock the door and refuse to
answer, knowing full well a bailiff cannot break and enter and as long
as no goods are outside such as cars garden gear etc he will leave
empty handed. After 12 months the court order becomes invalid and has
to be restored and repeated.

frediesmith@googlemail.com wrote:

> On Apr 29, 12:41 am, "R. Mark Clayton" 
> wrote:
> > "Aosmosis"  wrote in message
> > 
> > news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.c
> > om...
> > 
> > 
> > 
> > 
> > 
> > > I used the moneyclaim website to take a retailer to court for
> > > breach of their t&c.
> > 
> > > The judge ruled in my favour and awarded the full amount, + costs
> > > . He ordered that the company pays within 14 days.
> > > The judge also said the defendant could not appeal as my evidence
> > > was iron clad and such an appeal had no chance of sucess, thus
> > > wasting the courts time.
> > 
> > > The hearing was on the 25th April 2008.
> > 
> > > I logged onto the moneyclaim website and it still says that my
> > > claim has been contested which is why it went to a hearing.
> > 
> > > What happens now? Do i sit back and wait for the money? What if
> > > they don't pay. If they send the money do I have to write to the
> > > court.  This bit is a bit vague and I am not too sure how to
> > > proceed.
> > 
> > Even with a judgement it won't happen overnight, and they will
> > probably try and short you for costs.
> > 
> > One thing that will work well against a retailer is bailiffs.  They
> > just walk into the shop, and if the keeper won't open the till and
> > pay what's owed (plus their preposterous fees) then they will just
> > help themselves to what stock they fancy and put it in the
> > auction...- Hide quoted text -
> > 
> > - Show quoted text -
> 
> A bailiff will only visit premises 3 times to try and enforce a court
> order....most folk who know that simply lock the door and refuse to
> answer, knowing full well a bailiff cannot break and enter and as long
> as no goods are outside such as cars garden gear etc he will leave
> empty handed. After 12 months the court order becomes invalid and has
> to be restored and repeated.

This only applies to domestic debt not commercial debt , with
commercial debt they can force entry which is usally not nessasary if
the company is trading

--

On Apr 29, 7:47 pm, "steve robinson" 
wrote:
> frediesm...@googlemail.com wrote:
> > On Apr 29, 12:41 am, "R. Mark Clayton" 
> > wrote:
> > > "Aosmosis"  wrote in message
>
> > >news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.c
> > > om...
>
> > > > I used the moneyclaim website to take a retailer to court for
> > > > breach of their t&c.
>
> > > > The judge ruled in my favour and awarded the full amount,  costs
> > > > . He ordered that the company pays within 14 days.
> > > > The judge also said the defendant could not appeal as my evidence
> > > > was iron clad and such an appeal had no chance of sucess, thus
> > > > wasting the courts time.
>
> > > > The hearing was on the 25th April 2008.
>
> > > > I logged onto the moneyclaim website and it still says that my
> > > > claim has been contested which is why it went to a hearing.
>
> > > > What happens now? Do i sit back and wait for the money? What if
> > > > they don't pay. If they send the money do I have to write to the
> > > > court.  This bit is a bit vague and I am not too sure how to
> > > > proceed.
>
> > > Even with a judgement it won't happen overnight, and they will
> > > probably try and short you for costs.
>
> > > One thing that will work well against a retailer is bailiffs.  They
> > > just walk into the shop, and if the keeper won't open the till and
> > > pay what's owed (plus their preposterous fees) then they will just
> > > help themselves to what stock they fancy and put it in the
> > > auction...- Hide quoted text -
>
> > > - Show quoted text -
>
> > A bailiff will only visit premises 3 times to try and enforce a court
> > order....most folk who know that simply lock the door and refuse to
> > answer, knowing full well a bailiff cannot break and enter and as long
> > as no goods are outside such as cars garden gear etc he will leave
> > empty handed. After 12 months the court order becomes invalid and has
> > to be restored and repeated.
>
> This only applies to domestic debt not commercial debt , with
> commercial debt they can force entry which is usally not nessasary if
> the company is trading
>
> --- Hide quoted text -
>
> - Show quoted text -

Depends how the think is structured...if company x owns company y and
the judgement is against the front company..you've done your dough,
trading houses these days are a many layered thing for this very
reason.

On Mon, 28 Apr 2008 16:49:03 -0700 (PDT), frediesmith@googlemail.com
wrote:

>On Apr 29, 12:41 am, "R. Mark Clayton" 
>wrote:
>> "Aosmosis"  wrote in message
>>
>> news:bf58d86d-d3b0-4a61-8190-d5424298f7ce@b64g2000hsa.googlegroups.com...
>>
>>
>>
>>
>>
>> >I used the moneyclaim website to take a retailer to court for breach
>> > of their t&c.
>>
>> > The judge ruled in my favour and awarded the full amount, + costs . He
>> > ordered that the company pays within 14 days.
>> > The judge also said the defendant could not appeal as my evidence was
>> > iron clad and such an appeal had no chance of sucess, thus wasting the
>> > courts time.
>>
>> > The hearing was on the 25th April 2008.
>>
>> > I logged onto the moneyclaim website and it still says that my claim
>> > has been contested which is why it went to a hearing.
>>
>> > What happens now? Do i sit back and wait for the money? What if they
>> > don't pay. If they send the money do I have to write to the court.
>> > This bit is a bit vague and I am not too sure how to proceed.
>>
>> Even with a judgement it won't happen overnight, and they will probably try
>> and short you for costs.
>>
>> One thing that will work well against a retailer is bailiffs.  They just
>> walk into the shop, and if the keeper won't open the till and pay what's
>> owed (plus their preposterous fees) then they will just help themselves to
>> what stock they fancy and put it in the auction...- Hide quoted text -
>>
>> - Show quoted text -
>
>A bailiff will only visit premises 3 times to try and enforce a court
>order....most folk who know that simply lock the door and refuse to
>answer, knowing full well a bailiff cannot break and enter and as long
>as no goods are outside such as cars garden gear etc he will leave
>empty handed. After 12 months the court order becomes invalid and has
>to be restored and repeated.


You do talk shite

woof woof