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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience:  Over 5 years in practice
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Hello Barrister, I agreed with a friend of mine to ship

Resolved Question:

Hello Barrister,
I agreed with a friend of mine to ship my stuff abroad on his car against £500. I handed my stuff to him and paid him the full sum of £500. He then disappeared. None of my stuff was shipped. I then wrote him a letter giving him 14 days to return my stuff and my money. His son rang me and told me to come to pick up my stuff but, he said, he would give me back my £500 a week after. I refused. I said all or nothing and that my stuff must be returned to the point from which they were picked up by his father. He also said with an angry tune that he had the money and that his father gave him delegation to deal with this. (For your better understanding: his father lives abroad.) As the 14 days has passed without receiving back my money and my stuff, I raised a court claim online. The defendant failed to respond. A judgement in my favour was subsequently issued. I have not yet executed it.
My question is this: given that his son seems to have my money and is holding my stuff in their house; given that his father is living abroad and the judgement is in his name, can I send to his son's a 14 day letter and if he does not comply with it, I'd put another county court claim against his son this time ?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, I am sorry but you cannot.
Your claim is against the father solely. I realise that the son might have acted at his direction but that doesn't make him a party to this claim or contract.
Unfortunately you have no means of enforcing against the son although you could get an order directing bailiffs to attend to recover any goods at the father's address possessed by the father.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience: Over 5 years in practice
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