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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience:  Over 5 years in practice
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i recently took a bath and tile company to the small courts

Customer Question

i recently took a bath and tile company to the small courts as to cut a long story short the bath the supplied me was too big for the bathroom allso the L shape was on the wrong side so that we had to cut into the wall and arcetrive to make it fit . the judge told the owner to pay us an amount of £800. plu half the court cost of £67. the bath has now been taken back to the stor and signed for but the oner reuses to pay us as he said that he could not resell the bath and that it was damaged ... the bath was in for 3 years .. i phoned the court and they said i can not demand my money as it was an agreement that the judge had made not a court order .. i do not unerstand this .. waht can i do to get my money back i
hve now been without the bath for approx 7weeks and could not use it properly for all the 3 years i had it because fof plumbing ect ... do i need to take out a high court writ ... or get the sherriff to collect the money .. if so how do i do this
hsalf the cost as he was adamant that he was in the right ,, the only thing he said he wanted was the bath back as it was a whirpool and he could use the parts . the judgemet from the court states just that ,, that i give him the bath back '''which by the waywe had had now for 3 years and had to take out spoiling my wall;;;however we took the bath back to the store ..the people there accepted it and signed for it ... but the owner is still refusing to pay us the money
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What the court mean is that you reached an agreement with the owner. If so, there is no CCJ and so you cannot enforce against him.
That is not to say that you couldn't go back to court and seek a CCJ but, if it is true that you reached an agreement, then you cannot enforce one at the moment.
However, you should be aware that he could counter claim for any damage to the bath although since he has taken it back he does owe you something.
You cannot get a high court write or the sheriff or take any other enforcement action until you have a CCJ.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

the bath is three years old and not the bath i orderd he claims he can resell this bath isnt that illegal allso what about thw damage to my wall paying for the bath to be taken out and the stress that being without a bath for all this time has caused my family .. i am a single mdivorced mother with 2 teenage children .. also how do i apply for a ccj and how much will it cost

Expert:  Jo C. replied 1 year ago.
You can sue here
www.moneyclaim.gov.uk
It is not expensive. A sum in the low hundreds.

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