grahamc Posted August 22, 2007 Share Posted August 22, 2007 Anyone gone through the procedures/steps to making a claim? I have a just received a judgement by default against TurboFit for the money that they owed me. What happens now though? What are the next steps? G BTW - I have also left a message on what I believe to be Gregs mobile (thank you to the member who gave this to me, you know who you are ). Link to comment Share on other sites More sharing options...
michael Posted August 22, 2007 Share Posted August 22, 2007 I got a judgement in my favour, the court specified that the other party had 14 days to get a payment to me, they did this. On another occassion I also got a judgement in my favour, the court gave the other party a monthly payment scheme to adhere to, they paid once and then stopped before doing a runner, so I won but lost, that was annoying. Link to comment Share on other sites More sharing options...
grahamc Posted August 22, 2007 Author Share Posted August 22, 2007 I got a judgement in my favour, the court specified that the other party had 14 days to get a payment to me, they did this. On another occassion I also got a judgement in my favour, the court gave the other party a monthly payment scheme to adhere to, they paid once and then stopped before doing a runner, so I won but lost, that was annoying. Well thats not good... I have asked for 1 payment, with immediate effect. So will see what happens. How does it normally take from the judgement to cash in hand? Link to comment Share on other sites More sharing options...
michael Posted August 22, 2007 Share Posted August 22, 2007 How does it normally take from the judgement to cash in hand? In my successful case they paid within a couple of days, it depends on the timescales the court has specified and the amount of bargaining the other party has done. Probably best to contact the court. Link to comment Share on other sites More sharing options...
grahamc Posted August 22, 2007 Author Share Posted August 22, 2007 Ok, will let it run for this week, and then try and speak with them early next week. Cheers! Link to comment Share on other sites More sharing options...
Shane Posted August 22, 2007 Share Posted August 22, 2007 Its all to common for people to wait until the judgment is made against by default and then come up with a lame excuse about being on holiday or not receiving the papers on time and then sticking an appeal in to have the case heard and the judgment set aside until then. This buys them more time and they hope you will give up. Not saying this is what they will do, but it is more than possible. One annoying part of the whole small claims procedure is the need to pay for a "warrant of execution" if they don't pay. To my mind if they don't pay they are automatically in the wrong and the court should follow it up on your behalf. But sadly if they don't pay you have to go back and pay the court to send the bailifs in. I can't speak about the bailifs in your area but the ones in Northampton are really ineffectual and fobbed off very easily. Then every time you want them to call again you have to pay iirc, you can also ask for a means test to be carried out if they manage to fob the bailifs off but again I think this means money. Obviously if you have judgment over them you should be able to claim all the costs back, but I have found it's not as cut and dry as that. Good luck mate. Link to comment Share on other sites More sharing options...
Gaz Walker Posted August 22, 2007 Share Posted August 22, 2007 Graham, Did you file it against the company or the individuals involved? If you've filed it against the company your unlikely to see a penny if they've wound the company up, it'll just cost you more in legal costs! Regards, Gaz. Link to comment Share on other sites More sharing options...
Lewis Posted August 22, 2007 Share Posted August 22, 2007 Turbofit limited doesn't show on companies house...were they a limited company? If not, it doesn't matter whether it was the company or the individuals. Link to comment Share on other sites More sharing options...
Steve Posted August 22, 2007 Share Posted August 22, 2007 Turbofit limited doesn't show on companies house...were they a limited company? If not, it doesn't matter whether it was the company or the individuals. They are on there The address is registered in London though. I assume it was there solicitors. I have downloaded the information. Dont want to post it on here as it has personal address's on there. But if graham needs any of it just let me know Link to comment Share on other sites More sharing options...
Lewis Posted August 22, 2007 Share Posted August 22, 2007 They are on there The address is registered in London though. I assume it was there solicitors. I have downloaded the information. Dont want to post it on here as it has personal address's on there. But if graham needs any of it just let me know I saw the london address but didn't think this belonged to them....more so as the company name differed from that there were trading as (I thought). What is listed on CH is Turbo Fit, yet they always went under Turbofit I thought?! Link to comment Share on other sites More sharing options...
Steve Posted August 22, 2007 Share Posted August 22, 2007 I saw the london address but didn't think this belonged to them....more so as the company name differed from that there were trading as (I thought). What is listed on CH is Turbo Fit, yet they always went under Turbofit I thought?! The directors list shows a personal address, which is where they live:) Link to comment Share on other sites More sharing options...
Lewis Posted August 22, 2007 Share Posted August 22, 2007 The directors list shows a personal address, which is where they live:) okey doke, I didn't do a full check. Link to comment Share on other sites More sharing options...
grahamc Posted August 22, 2007 Author Share Posted August 22, 2007 Its all to common for people to wait until the judgment is made against by default and then come up with a lame excuse about being on holiday or not receiving the papers on time and then sticking an appeal in to have the case heard and the judgment set aside until then. This buys them more time and they hope you will give up. Not saying this is what they will do, but it is more than possible. One annoying part of the whole small claims procedure is the need to pay for a "warrant of execution" if they don't pay. To my mind if they don't pay they are automatically in the wrong and the court should follow it up on your behalf. But sadly if they don't pay you have to go back and pay the court to send the bailifs in. I can't speak about the bailifs in your area but the ones in Northampton are really ineffectual and fobbed off very easily. Then every time you want them to call again you have to pay iirc, you can also ask for a means test to be carried out if they manage to fob the bailifs off but again I think this means money. Obviously if you have judgment over them you should be able to claim all the costs back, but I have found it's not as cut and dry as that. Good luck mate. Now that would just piss me off... Is there not a company that I can "sell" the debt to??? Graham, Did you file it against the company or the individuals involved? If you've filed it against the company your unlikely to see a penny if they've wound the company up, it'll just cost you more in legal costs! Regards, Gaz. I thought that it was if the company liquidated I would receive nothing, however they closed shop... so the debt stands... (my understanding). Link to comment Share on other sites More sharing options...
Lewis Posted August 22, 2007 Share Posted August 22, 2007 Now that would just piss me off... Is there not a company that I can "sell" the debt to??? I thought that it was if the company liquidated I would receive nothing, however they closed shop... so the debt stands... (my understanding). Depends if they have declared the company bankrupt and liquidated it's assets. You would be a debtor same as any other (suppliers will always be paid first IIRC). If they haven't done any of the above then the debt stands....Turbo Fit Limited Liability I am afraid. Link to comment Share on other sites More sharing options...
grahamc Posted August 22, 2007 Author Share Posted August 22, 2007 if that does not work, then I am sure that 10 - 20 phone calls a day will... weird adverts in the newspapers, etc... Link to comment Share on other sites More sharing options...
Pig Posted August 22, 2007 Share Posted August 22, 2007 Good luck, it sounds like your going to need it. This is why i didnt bother Link to comment Share on other sites More sharing options...
grahamc Posted August 22, 2007 Author Share Posted August 22, 2007 Good luck, it sounds like your going to need it. This is why i didnt bother But why should they get away with it?!?!?! I will hunt them down till I get my money back.... Will let you know how it goes. Link to comment Share on other sites More sharing options...
Shane Posted August 22, 2007 Share Posted August 22, 2007 You would be a debtor same as any other (suppliers will always be paid first IIRC). . It's been a while since I was involved in a few cases and also subjected to a few, but iirc, the order was, VAT, Inland revenue, suppliers & banks. But that was in 99 so things could have well changed since then. I do know a guy who specialises in this sort of thing and he took care of winding up my business for me in my absence ( I was working in Kosovo) and he is the dogs, but he does charge £100 an hour + expenses. He is a right Ba*.*rd as well which makes it fun, but could cost you more than you are likely to get back. Let me know if you want his details. Good luck. Link to comment Share on other sites More sharing options...
grahamc Posted August 23, 2007 Author Share Posted August 23, 2007 It's been a while since I was involved in a few cases and also subjected to a few, but iirc, the order was, VAT, Inland revenue, suppliers & banks. But that was in 99 so things could have well changed since then. I do know a guy who specialises in this sort of thing and he took care of winding up my business for me in my absence ( I was working in Kosovo) and he is the dogs, but he does charge £100 an hour + expenses. He is a right Ba*.*rd as well which makes it fun, but could cost you more than you are likely to get back. Let me know if you want his details. Good luck. Interesting, but I have friends that will do what I want for lot less Link to comment Share on other sites More sharing options...
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