Yes I do know where he lives. I had his current address when I bought Garden hose from Amazon and shipped it to straight him. The Garden Hose was also meant to be shipped abroad. But nothing arrived.
I do not have the proof, I thought the County Court may reject my claim ?
I sent him a letter giving him 14 days to return my stuff + my £500 in cash. The content of my letter is as follows:
About a year ago, you agreed to ship on your car to Algeria my Treadmill, Assembled Metal Hose, Electric Shaver, Torch, Screw driver/drill and a couple of other stuff. I’ve paid you £500 in cash. Since then, you disappeared. Nothing arrived in Algeria as we agreed. I’ve tried to speak to you on the phone, but you refused. I’ve asked some friends to speak and reason with you, there was no response from you.
As I am left with no other alternative, I am now compelled, in compliance with the Court procedures, to serve on you this 14 days’ notice in the hope for you to return my stuff and refund my £500 in full. Failure to do so within the next 14 days, after receiving the present notice, I will institute legal proceedings in the County Court.
His son rang me on 4/7/14. He asked me to go to his home to collect my stuff and my money. As I was at work, we agreed he'd phone me on Sunday. He didn't ring. I then sent him a text. A min later he rang to tell me to come and collect my stuff but he refund my money the week after, which I refused. I also said to him, if I'd collect my stuff, it has got to be with my money and they have to bear the cost of their transport, otherwise I will proceed with the legal channel. He then became agitated, aggressive, argumentative and he called me stupid. His son is about 14 years old.
He also said, "there is no contract or receipt or any other material proof". This sums up how his father is thinking. He told me: "to be honest my father does not want to speak to you".
Shall I go ahead with the claim to the County Court or shall try to get back my stuff and my money contact with him bearing in mind that his son was aggressive on the phone when he called me ?
Any feedback please ?
Thank you Madam
1/ I have today complained to the Police about his son's aggressive phone call. I have got a reference number and an appointment with the Police is under way for a face-to-face meeting to further discuss my complaint.
2/ I may have not fully understood your reply in relation to Court proceedings. Did you mean that I can go ahead with it now regardless of the 14 days waiting time ?
3/ I drafted a text which I thought will be used in my Court claim form. Please let me know if this will be sufficient or if there are any other particulars I need to add to it ? I tried to remain short and straight to the point. Here's the draft and thank you:
"In May 2013, Mr Yacine Hadji (the Defendant) - who was my friend - agreed to ship on his car to Algeria my Treadmill, Assembled Metal Hose, Electric Shaver, Torch, Screw driver/drill, Garden lamps and a couple of other stuff. I have paid him £500 in cash. Since then, he disappeared. Nothing arrived in Algeria as we agreed. I have tried to speak to him on the phone, but he refused. I have asked some friends to speak and reason with him, there was no response from him. On 3 July 2014, I sent a 14 day notice to the Defendant requesting him to return all my stuff to the point where he picked them up in May 2013, and to refund my £500 in full. On Friday 4 July, his son, Noureddine, telephoned me at about 5pm. As I was working on the late shift, we agreed he would phone me again on Sunday 6 July. He did not. At about 6pm, I sent him a text message to the number from which he phoned me on 4 July. He then phoned. First he said I can go to their house to collect my stuff but he will refund my money a week after. I categorically refused this fallacious proposition by making it clear that I will institute legal proceedings should my stuff are not returned to the point from where they were picked up alongside my £500 in full. At this point, the Defendant’ son became agitated and aggressive by calling me and calling such Court claim as “stupid”. He said that there is “no contract or receipt” for the agreement I had with his father who he never honoured it."
Are you still on holiday ?