How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

I have a court order stating that the defendent return the

Customer Question

I have a court order stating that the defendent return the parts of a caravan that he is holding in lieu of payment for storage of the said parts. I have written to the court explaining that the defendent will not adhere to this court order and is agressively demanding money. The court has said he must return the parts or risk CONVERSION. what does this mean?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How much is your loss?
Customer: replied 3 years ago.


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

Expert:  Stuart J replied 3 years ago.
So you have an order and the defendant is refusing to comply with it?
Customer: replied 3 years ago.

 


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?

Expert:  Stuart J replied 3 years ago.

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

Can
I help further?

The next
part is really important for me:



Please
don't forget to positively rate my answer service (even if it was not what you
wanted to hear) and I will follow up any further points you raise for free. If
you don't rate it positively, then the site keep your deposit and I get 0 for
my time. If in ratings you feel that you expected more or it only helped a
little, please ask me for further info before rating me negatively otherwise I
don't get paid at all for my time and answer.

The thread remains open. Thanks



Customer: replied 3 years ago.


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)

Expert:  Stuart J replied 3 years ago.
If there is no time specified in the court order, I would probably wait 14 days and no more. I would apply for conversion but mention penal notice at the hearing. The judge will probably say that it is disproportionate or simply not an option but there is no harm in asking.
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


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/

Expert:  Stuart J replied 3 years ago.


£18
per hour is the court rate of pay for litigants in person in non-small claims
matters.

I
would add everything in that this has cost you duly itemised. The judge can
decide whether to allow it or disallow it.



The
judge should allow either conversion or grant a penal notice to the original
order, because without that, the judgement is worthless if the defendant can
simply ignore it with impunity.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice