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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14465
Experience:  I have been practising for 30 years.
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I won a case against a technician who installed a faulty

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HI, I won a case against a technician who installed a faulty music system, i was without music in my pub function room for a year. I won my case in November and payment was to be made. I had a new system ready to be paid for when he paid the judgement. He hasn't and i got no bookings over christmas and was unable to pay for the system without the judgment money. Sheriffs are unable to gain access to his house and they keep locking themselves in the house. My question is am I able to make another claim for losses and how would i prove my losses. Every year I have had on average of 12k rental fees for the room thats not including sales. This year I had none as no one wants a room working off a cd player
JA: Where are you? It matters because laws vary by location.
Customer: York
JA: What steps have you taken so far?
Customer: on the judgement i have done nothing yet as it's with the sheriffs but i have been told i can make a 'claim on his house' now im considering a second case against him for loss of sales again
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i dont think so

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what is the sum you are owed by this person?

what do you mean they keep locking themselves in house?

do you know if they own the property?

Customer: replied 5 days ago.
£3800 i should have claimed more expenses and losses but at the time of the first claim I was just requesting the music system and some losses not all

The partner of the defendant keeps locking the doors, opening the windows and saying he is missing, going to kill himself, not in and they can not make entry. The sheriffs have now dismissed his mental health claims as a way to avoid paying but every time they attend are unable to get into the house stating the defendant was not reachable

he does and I was told i could make a 'lean' on his house
Customer: replied 5 days ago.
hello are you still there?

I am sorry, but this is not a chat service. It’s an email reply board and therefore there may be a delay getting back to you because we have clients and travelling and other users to deal with.

Sometimes we will get back to you in minutes, other times it will be longer.

 

Any consequential loss like this must be “within the contemplation of the parties” and therefore it has to be reasonably foreseeable that these losses will be incurred.

 

You now need to put him on notice that unless he pays this money, then you will seek to recover the costs that you lose, from him.

 

BUT you cannot simply do that and let them in Iraq up. You are under a duty to mitigate your loss and I’m sorry to say that would involve putting in a new system. I’m sorry to say that’s the case even if it meant borrowing the money.

 

Therefore you would not be able to claim the rental of the room in total firstly because he may not be aware that you would lose all that rental and secondly, you cannot just sit by and leave it empty and thirdly, the room hasn’t been rented and it would be unfair for you to get paid in full for something that you had not done.

 

You need to find whether he owns his house and whether there is a mortgage on it. You need the deeds from the land registry.

 

You can get the title deed and the plan quickly and easily by using this link:

 

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

 

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

 

You will then have them in minutes if not seconds.

 

They will show whether he owns it and with anyone else and whether there is a mortgage and how long he has had it and it will also show any other charges against the property. It will not show how much money is outstanding.

 

Just because you have instructed the sheriffs does not stop you making an application to court for a charging order against the property which will at least get you paid when he tries to remortgage or sell the property.

 

I believe that his claims are spurious also.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

 

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