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The caravan parts are worth approx £2000. The small claims that was dismissed was for £5000 as i had the shoddy work repaired- receipts supplied to court
Yes. the court order states that he is to return my caravan parts by agreement so that they can be collected by a third party- the reputable fabrication company who are now completing my horsebox lorry conversion- he is a very agressive man. There has never been any dispute as to who ows my parts but he has consistently refused to reeturn them. He left the court without any court official insisting the details for their collection. consequently when I tried to email him about a covenient time for collection, he just said any correspondance had to be through the court. He them started sending letters and even today I have had an email demanding money for storage before he will give them back. he has also stated in a letter and today's email that he is going to dispose of them by 5pm on 23/1/13
I could forward you the emails if you like
The court has said that there is no enforcement they can make but he does face CONVERSION. What does this mean and how do I go about doing this if the court wont enforce the order?
Basically it is converting the parts into money.
The court can give financial judgement against him which you can enforce in all the usual ways, bailiffs etc.
If you have to go back to court make sure that you ask court for costs at £18 per hour on grounds of his unreasonable behaviour.
The court could have actually attached a penal notice which basically syas give the parts back or face arrest.
Find out what new parts cost before going back to court
CanI help further?
The nextpart is really important for me:
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Should I contact the court asking for a penal notice or ask them for a conversion? how long should I wait? What is the process?I would prefer not to see him again and for the court to ask him for the cost of the parts- ( I will be rating you very highly by the way)
Hi just a follow up question. I phoned the court this morning-Mon 21/1/13. The lady said she was not able to give any advice on how to apply for a conversion. Could you tell me what information to include; what is the £18 for in your previous message;should I include the cost I paid him to dismantle the caravan and dispose of the waste initially-a sum of £540. can the judge refuse to convert the request and if so where does that leave me/
£18per hour is the court rate of pay for litigants in person in non-small claimsmatters.
Iwould add everything in that this has cost you duly itemised. The judge candecide whether to allow it or disallow it.
Thejudge should allow either conversion or grant a penal notice to the originalorder, because without that, the judgement is worthless if the defendant cansimply ignore it with impunity.