COURT CLAIM GOES HORRIBLY WRONG WITH CCJ THREATS!

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Barum Engines

Barum Engines

Күн бұрын

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@kevinthomas7264
@kevinthomas7264 6 ай бұрын
You know the law is an ass when it's cheaper to pay people off than it is to defend yourself.
@Bristolcentaurus
@Bristolcentaurus 6 ай бұрын
if the respondent is an idiot who doesn't reply to the court paper work and fails to properly defend himself because he failed to file the proper paper work in reply, that's not the applicant or the laws fault - its called default judgement or judgement in default of appearance it you don't turn up or don't file any paperwork you lose
@serialcoins
@serialcoins 6 ай бұрын
This is what happens when you are too busy making videos about things, rather than checking what is going on
@kevinthomas7264
@kevinthomas7264 6 ай бұрын
While I agree what does that have to do with it being cheaper to pay litigants off rather than put up a defense?@@Bristolcentaurus
@kevinthomas7264
@kevinthomas7264 6 ай бұрын
If your point is Barum Engines should have paid up sooner what does that have to do with my point?@@serialcoins
@TheManFrayBentos
@TheManFrayBentos 6 ай бұрын
@@serialcoins The trolls have woken up. Away and stick a fork in your knob.
@laser-sj
@laser-sj 6 ай бұрын
This guy was NEVER your customer...... Case dismissed !!!!!!
@ronaldderooij1774
@ronaldderooij1774 6 ай бұрын
True, but he made a procedural error, and that is killing in these kind of procedures. He should have reacted in writing at the first summon, within the date specified in the letter from the CCJ.
@ronald3148
@ronald3148 6 ай бұрын
Thats error 1. And the latest is paying a small ammount. now there is no ground for a case and you need to pay. In the past i did (as an engineer myself and did al lot off rebuilds) did reply on this channal. "Anny claim engine needs to be brought in as is. in the car in running conditions, and no lose ends" .Barrum is to lose with it and now you cant proof sh*t. I had an accedent and partly dissabled with it in 99. It took me 13 year for the main case and evolving 4 other cases from it. we did win all cases by endurance. I aint a lawyer, belive me i know the drill. I had to prove the earth is round like a ball. It was like faulty Towers Last case was a criminal one and we did win only because off paperwork no lose ends. So @ Barum get your Agrements on paper in small print and fight for anny penny. Now i know, me having a disagrement with Barum we only need to claim because off to much lose ends. and i will have a free rebuild.the world is full off sharks be aware with it.@@ronaldderooij1774
@davidnorton5887
@davidnorton5887 6 ай бұрын
We thought the customer was the muppet, but this guy has proved he's even more of a muppet. Lol.
@norfolkngood8960
@norfolkngood8960 6 ай бұрын
Yup should've responded not my customer no relationship to this person, he hasn't paid me and I didn't work for him. Warranty would be via the garage who was the customer. Case closed. You can't sue someone for giving a service when you aren't the customer ffs
@patthewoodboy
@patthewoodboy 6 ай бұрын
Pay the bill and name the claiment on here so everyone knows who this person is so no one has to deal with them
@bluemule3891
@bluemule3891 6 ай бұрын
Yeah not such a great idea, although he could put the case number up, if it is a matter of public record, and let the vultures fly. But Lee won't, too nice. But Veruca would.
@patthewoodboy
@patthewoodboy 6 ай бұрын
@@bluemule3891 it will protect future engineers from a scam merchant ,. thats all he is if the truth has been posted
@Bristolcentaurus
@Bristolcentaurus 6 ай бұрын
copy the whole of the court cover document texta out the relevant phone numbers or other physical addresses email addresses etc @@bluemule3891
@Ben-Dixey
@Ben-Dixey 6 ай бұрын
@@bluemule3891Lee has named and shamed on his channel before, made a few enemies doing that. Plus the video had to be taken down.
@thefreedomguyuk
@thefreedomguyuk 6 ай бұрын
That would be libel
@DerekWalsh-l4i
@DerekWalsh-l4i 6 ай бұрын
How can the judgement have been made in his favour when you were expecting to go to court to explain your side? Did a court hearing actually take place without your knowledge? How does the clerk to the court explain that? A judgement can't just be made, a date has to be set for a hearing, and you given the opportunity to attend. Seems to me that someone in the court office failed to tell you that a hearing was taking place, and therefore denied you the right to be there. I would certainly be asking the court to set aside that judgement, as it was given in favour of the complainant totally without your knowledge. Someone there messed up big time, and you have a legitimate complaint.
@itsverygreen532
@itsverygreen532 6 ай бұрын
No court case, this was a default judgement due to not responding to the court in time.
@STANLIZ4
@STANLIZ4 6 ай бұрын
@@itsverygreen532thats what I thought! I dont understand whats going on here, it doesnt make sense. A visit to the court might be needed
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
@@STANLIZ4 Read the 12 Presumptions of Law. Unless rebutted, the system works on this. You may be shocked when you read them.
@TheSps24
@TheSps24 6 ай бұрын
Don't take this summary too seriously. It's all click bait on the back of social media. Besides, you've only got one side of the story...
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
@@TheSps24 It seems genuine enough: there was no contract between Barum and this 'customer', so there was never a real case. Barum got scammed.
@daledavies2334
@daledavies2334 6 ай бұрын
What about going after the garage that did the work? Go after them for your costs. That includes legal and court costs. Bloody 'ell there be some wankers out there these days, nobody wants to accept or admit they screwed up. Entitled jerks.
@HuntsChris
@HuntsChris 6 ай бұрын
No legal basis on which to do this, just as the customer had no legal basis to sue Barum, but because Barum didn't follow the process properly he got turned over on a process technicality. Better to just learn from it now.
@raeanker3078
@raeanker3078 6 ай бұрын
@@HuntsChris Your right mate, sometimes in life you just have to eat the shit sandwich, learn to never pick one up again and move on. Cheers.
@minigpracing3068
@minigpracing3068 6 ай бұрын
You should have hired a lawyer, and keep one on retainer for this kind of garbage. Also to have them create contracts that keep you out of this kind of mess. Why there are two claims? Because this is government and they can't ever get things right!
@DavidMorris-tp9vm
@DavidMorris-tp9vm 6 ай бұрын
Agree but that would be further costs for Barum to consider.
@Phantom-mk4kp
@Phantom-mk4kp 6 ай бұрын
No pay the £380 and move on. A responsible layer would tell you to suck it up
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
@@Phantom-mk4kp A responsible lawyer would explain Barum is only responsible for it's actual customers.
@Bristolcentaurus
@Bristolcentaurus 6 ай бұрын
more likely the complaint doesn't know what they're doing either and opened two complaints
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
@@Bristolcentaurus They certainly didn't, as they'd have claimed against the actual middle-company, and claimed more! They were very lucky that Barum rolled over on a simple, void court letter.
@weldybren
@weldybren 6 ай бұрын
Numpty. And why are you still calling this guy “the customer”?!? He was never your customer, your contract was with the first garage.
@patthewoodboy
@patthewoodboy 6 ай бұрын
scammer
@kiwibobnz9812
@kiwibobnz9812 6 ай бұрын
He messed that up when he paid him money total amateur
@jackdaw3160
@jackdaw3160 6 ай бұрын
Where was your solicitor when all this was going on
@ianrichards4907
@ianrichards4907 6 ай бұрын
greggs
@rayt8606
@rayt8606 6 ай бұрын
I've had this exact same thing happen to me. You need to get it stayed, then the court will have another hearing. They are incompetent and they have avoided scrutiny of their failures by getting you to settle. It took me 3 years but I got my ccj struck, won my counter claim and had my court fees all repaid.
@DS246416
@DS246416 6 ай бұрын
he is not your customer, how can you have a CCJ against you?
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
A CCJ can be gained by default - it's Roman Canon Law, one of the 12 presumptions of law, which if unrebutted, remain in force. Barum can however open a Small Claim for the money back, on the basis that he was not their customer, against the man or better, the actual company who screwed them both.
@SLYDIT
@SLYDIT 6 ай бұрын
Time to go after the garage for all your costs
@DS246416
@DS246416 6 ай бұрын
If you find that a CCJ has been entered against you, without you knowing about the claim, what can you do? The most likely thing is that you would need to apply to the court to “set aside” the judgment. Setting aside a judgment does not make a claim go away it just means that you can defend the claim.
@GARDENER42
@GARDENER42 6 ай бұрын
Exactly. I've done it & won, twice.
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
This is good advice, had he not paid the man. But perhaps he can still get the judgement set aside.
@Jeff-gn1xz
@Jeff-gn1xz 6 ай бұрын
This is what happens when an engineer does legal work. What sort of engine rebuild would a solicitor be able to do? Pay a professional to sort it out.
@Ben-Dixey
@Ben-Dixey 6 ай бұрын
I wouldn't say he's any better at engineering, but he's a very good KZbinr.
@AnthonyTobyEllenor-pi4jq
@AnthonyTobyEllenor-pi4jq 6 ай бұрын
I worked in the County Courts some years ago, when the Plaintiff takes out a plaint against you then you must have been served with CC papers which detai the Plaintiffs desire to claim money from you. It would seem that you ignored this because otherwise the Court could not make a summary judgement against you. Did a Bailiff serve a summons on you ? if so then had had to take this seriously, if not then you could apply for the judgement to be set aside on the grounds that you were not properly served with the summons. Also I would always recommend that you visit the Court in person to find out what the score is, dealing with them by phone is useless, you always need a record of what you have been told / advised etc so if you did visit in person, have a recording device to capture all that is said. There is no way that 2 separate summons would be issued under the same number, there is no way you would not know that there were 2 separate summons issued against you except if the Court really cocked up. Always take County Court Summonses seriously, not replying means they can go ahead and demand you pay. If you had a Solicitor friend who could examine all the papers then the Solicitor could maybe find a mistake in the summons and apply for the judgement to be set aside, such mistakes are more common than you think but the average person doesn't know what to look for. Sorry if this is long winded dirge but I advise, join the Masons and / or the local Conservative club then you would meet people who could arrange that things are bent in your favour.
@jimcraig6523
@jimcraig6523 6 ай бұрын
What you should have been aware of; If someone claims you owe them money and before a CCJ can be issued you should have received a letter or email informing you of the claim. You are required to respond by the date on the email or letter you receive either agreeing to pay in full, partially or defending the action. You should check if the mediation you agreed to was part of the court procedure and if it was were you informed that this was the case. You need to find out how and when you were informed about the claim by the court. Check your emails and spam for receipt of any correspondance and hopefully the court would sent any letter by recorded delivery noting your acceptance of receipt, if not the CCJ can be contested as part of the original claim. You had no contractual liability to that person in the first instance. He was not your customer but by trying to help ou the customer and paying part of the bill to the MG specialist it could be construed that you were accepting liability. In the future only deal with those you have a contractual obligation to and do not deal with any third parties directly.
@TheCNCDen
@TheCNCDen 6 ай бұрын
Clearly the guy knows the system and how to work it, you don't! No point asking on here, get a lawyer, a proper one. One that will fight.
@davelahue7056
@davelahue7056 6 ай бұрын
Wow, part of me says to file a claim for that amount against the garage which charged the customer and see if you can get your money back and the other part of me says to just walk away and leave it behind. but I would like to see something happen to the garage because they screwed the customer and put it back on you.
@matthewowen7969
@matthewowen7969 6 ай бұрын
Do not name and shame. Could only make things worse. There are ways and means to resolve what has happened, judgment in error etc, but it sounds like the cost will outweigh the claim. Let it go. Never deal with him again.
@bobuncle8704
@bobuncle8704 6 ай бұрын
This guy was just a leech from the get go. I’m fairly confident that you could find more than one claim this guy has posted. He’s despicable in my books. He went behind you back and did this to force your hand in the matter. More like thief than anything.
@Stephenc4877
@Stephenc4877 6 ай бұрын
You need to get a Solistor on this. This shouldn’t be legal.
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
It is legal. The legal system is not fair, basically, and it's not Law, either.
@Stephenc4877
@Stephenc4877 6 ай бұрын
@@G-ra-ha-m so technically lee could just pay the fee to Get claim in small claims and claim it back?so basically unless your being done for something serious you don’t get your day to tell your side of the story.
@arthurscott8583
@arthurscott8583 6 ай бұрын
We live in a totally screwed society in which all the institutions are utterly dysfunctional and the infrastructure (physical and non physical) is falling apart in front of our eyes. When you have to have dealings with any institution it WILL be a nightmare. Solution: Minimise your dealings with organised society as much as possible. Disregard any and all thoughts about the rights and wrongs of a situation and consider only how to negotiate that situation with the least amount of pain in terms of monetary costs, time and not least stress.
@mrd4032
@mrd4032 6 ай бұрын
Oh yes; ''Minimise your dealings with organised society as much as possible''. Done that, good at at as well. Trouble is when some coppers move in to the village down the valley and try to take over your woodland (lived here since 1958), with threats, and local plod back them.
@arthurscott8583
@arthurscott8583 6 ай бұрын
@@mrd4032 unexpected opportunities to defeat your enemies can arise. Best to be free of unnecessary stuff and realistically cynical to take best advantage of same.
@billjamison2877
@billjamison2877 6 ай бұрын
Justice no longer exists for the common man.
@James_Rivett
@James_Rivett 6 ай бұрын
it never really existed for the poor man, "justice" has always favoured the wealthy, either by being able to afford better and more clever legal team, or by being able to afford to bring civil cases to court where there is no legal aid available.
@darrendean21
@darrendean21 6 ай бұрын
You got played mate .... he opened two claims and sent you the later while the first went overdue ..... you played it wrong from the start and would have lost anyway .... he simply wasn't your customer and that's what you should have stuck to.
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
Agreed, it needed a very very simple rebuttal: _No contract_ .
@Mathewmartialart
@Mathewmartialart 6 ай бұрын
he played himself by not listenign to a fkng word people like myself were giving him.
@darrendean21
@darrendean21 6 ай бұрын
@@Mathewmartialart I get the impression he doesn't read them tbh
@Mathewmartialart
@Mathewmartialart 6 ай бұрын
@@darrendean21 well, he doesnt but hes admitted the guy that typically films, does. The fact is hes looking like a moron for not following simple instructions, especially when he keeps asking us what he should do. Its like hes doing this just to get views
@alanbell2156
@alanbell2156 6 ай бұрын
Or alternatively there's more to the story than we're being told.
@simonpearcy2411
@simonpearcy2411 6 ай бұрын
You did the right thing paying the first claim. I had a CCJ against me for what I would say was an unfair claim and it hammered me for 7 years with regard to getting credit or mortgages etc. it costs you way more than the claim in the end. He’s tucked you up and has probably done so with legal advice. I’d say put it to bed put it down to experience and move on. Life’s too short mate. Great channel really enjoy the stuff you and Isaac put out.
@grahamfree3175
@grahamfree3175 6 ай бұрын
Lee, still easier than the stress of a court hearing. Got away cheap? Always try and avoid court whenever you've a choice!
@billdrain5170
@billdrain5170 6 ай бұрын
For someone in business you are green. Unfortunately these days county courts are nearly always coming down on the side of the consumer even when they are wrong. You need to put all contracts for work in writing taking photos of before during n after jobs. Then need to avoid putting yourself in the predicament where people take you to court. Having a Ccj on your credit score is not worth the risk as it bites you in the bum
@thefirstcalled
@thefirstcalled 6 ай бұрын
What should you do, you ask? Put in the memory bank under the "school of hard knocks" category, and have a pint! Repeat as necessary until the desired effect has been achieved!
@davidnorton5887
@davidnorton5887 6 ай бұрын
He'll be an alcoholic before he learns anything. Lol
@EricaMTB
@EricaMTB 6 ай бұрын
He's not your customer. He has to make a claim against the garage, not you.
@seanvance1933
@seanvance1933 6 ай бұрын
At no point have you had a contract with that guy, your customer is the garage not the guy
@rogereade4950
@rogereade4950 6 ай бұрын
FFS get a Lawyer! sue the Garage for ALL your costs, it does not matter that he maybe a mate, he has done you no favours in this case
@duncansteward4331
@duncansteward4331 6 ай бұрын
you dont need Gurages like this as mates thats for sure .
@DS246416
@DS246416 6 ай бұрын
get a lawyer!
@stuartwalsh7005
@stuartwalsh7005 6 ай бұрын
HMCS are an absolute nightmare to deal with. I was owed criminal damage compensation and the courts were telling me the y coukdn't find the guy. Even though he was inside prison! My complaint was eventually upheld by The Parliamentary Ombudsman. But what a hassle to get there. As a side issue i always referred to the guy who owed me money as 'the convicted criminal'. After all he had been found guilty and sent down. I referred to myself as 'the victim pf a crime'. HMCS objected to me using thise phrases and asked me to refrain from doing so!!!!!!
@wardpaterson1053
@wardpaterson1053 6 ай бұрын
You made the best business decision you could given the circumstances. Paying the claimant is not an admission of guilt, you're still on the right side of this situation.
@samrodian919
@samrodian919 6 ай бұрын
Now issue a counter writ in his name for the cost of whatever you have paid plus the court fees. He's pulled a fast one by issuing a writ prior to mediation. Which the court should be told of in your supporting statement. You elected to go to court and he subverted it by sneakily issuing this writ which you should have been notified about.
@The_BenboBaggins
@The_BenboBaggins 6 ай бұрын
Those two plastic dowels sealed the fate of Rover really, and were also the tip of the iceberg with the state of the company by then
@MKHNitro
@MKHNitro 6 ай бұрын
Typical Barum Engines - always someone else's fault
@michaelbritton7030
@michaelbritton7030 6 ай бұрын
What a great justice system we have!!! and through no fault of your own you have been a victim of. Now you have paid, name and shame this guy....
@G-ra-ha-m
@G-ra-ha-m 6 ай бұрын
The word Justice is from the roman goddess Justitia. That's who they serve. It's not for our benefit. The 12 presumptions of law work against us, unless rebutted. The 'justice' system is our cage.
@donaldjiruska1808
@donaldjiruska1808 6 ай бұрын
Been there… Never give in to ego, animus, or misguided principles. Do what the big boys do. Do a cost benefit analysis, and take care of business. Oh, and take names. Bankruptcy is never a legitimate business goal. LOVE this site!
@EverydayLife621
@EverydayLife621 6 ай бұрын
.... thats how it works! - you need to understand the legal system (which I'm not, but a simple academic). I've been through this via private parking fines, and come infront of the district judge twice, but its not reccommended. Its cost me £275 to go back to court to remove the CCJ (N244 form) for it to be set aside. - absolute nightmare - as all credit shut down until I got this removed - which I won in the end, but it was not worth this what so ever.
@GARDENER42
@GARDENER42 6 ай бұрын
If you won the appeal, you are entitled to your fee back, plus ALL expenses.
@lemmykilmister450
@lemmykilmister450 6 ай бұрын
Seriously Lee, if you don't respond in time you're trucked... whether your right or not!
@GARDENER42
@GARDENER42 6 ай бұрын
He can still appeal to have the judgement set aside, which he should do, AS THE CLAIMANT WAS NEVER HIS CUSTOMER.
@Max_Von_Dripplesnoot
@Max_Von_Dripplesnoot 6 ай бұрын
Do you ever use a torque plate when honing bores on high performance engines?
@paulherbert3802
@paulherbert3802 6 ай бұрын
You should have lawyerd up, rookie mistake
@TonyRule
@TonyRule 6 ай бұрын
Cost more than the claim.
@thefreedomguyuk
@thefreedomguyuk 6 ай бұрын
​@@TonyRuleHe's likely got legal cover under his insurance
@nigeltollit4113
@nigeltollit4113 6 ай бұрын
Now you know why Tony Soprano always carried a baseball bat in his car.
@harpersisland
@harpersisland 6 ай бұрын
Have you not had any legal consultation over this? If you have they are the ones that need to be outed for sheer incompetence.
@BurpTheKitten
@BurpTheKitten 6 ай бұрын
Something has gone badly wrong here. Having had extensive experience of the County Courts (as plaintiff) in a previous life, there should be no way that a CCJ is entered against you without your having a chance to respond. Paperwork should be sent 'signed for' to avoid this exact situation, and also to avoid defendants claiming they never received the summons. I think you were quite right to defend the claim, but having found yourself in the situation you did today, you were also right to pay up. The hassle getting a judgement reversed is just not worth it for the amount of money involved. You have systems in place now to avoid this happening again, so console yourself you were morally in the right and put it behind you.
@itsverygreen532
@itsverygreen532 6 ай бұрын
Common trick is to make a one digit "mistake" in your postcode, you never get the paperwork and it just goes through ... if it is ever questioned the plaintiff just says "oh, sorry, simple postcode error" ... I suspect this bloke knew what he was doing ...
@teej710
@teej710 6 ай бұрын
If you fail to respond, the court will 'default' rule in the claimant's favour, finding you guilty. Unbeknown to you, there were two claims active, by the sound of it. You only responded to one and the other defaulted against you. This would happen in the background, as part of the court process. Whether this was a clever ploy be the other party or a court error, you'll probably never know now.
@brianhope5853
@brianhope5853 6 ай бұрын
In reference to the court case(s) - There is no such thing as a free education - . In going thru the court process, you've had an advanced class in legal defense. Not to make light of the situation but that's the best thing that came out of it. Hopefully there will something learned from this that will benefit your business in the future.
@davercs
@davercs 6 ай бұрын
What a sneaky move from him cant stand people like him definitely dont need him as a customer
@mikehipperson
@mikehipperson 6 ай бұрын
He wasn't a Barum customer, he was a customer of the garage that did the 'work'!
@cheeseburgerbeefcake
@cheeseburgerbeefcake 6 ай бұрын
You did the right thing with the courts - CCJs are a nightmare, the CCJ should not have been issued - you could appeal if the correct process hadn't been undertaken (it sounds like it hadn't), but the cost in time and mental drain is unlikely to be worth it. I'd be looking at lodging a complaint at minimum for the duplicated CCJ, that is terrible use of red tape! Had one of those Rover K series 1600s in my 216, after it popped the third headgasket (I was young, the first do were done under dealership warranty), I part-ex'd the car and let them know of the issue, they sold the car on and it came back on warranty with a cracked block. I suspect the place that did the work didn't know to replace those plastic dowels!
@ianroyston1065
@ianroyston1065 6 ай бұрын
Hi LEE I THINK THAT YOU CAN GET THE JUDGMENT SET ASIDE BUT I DON,T KNOW HOW IT WORKS.
@williamwilliams8145
@williamwilliams8145 6 ай бұрын
How can he get a CCJ when the case is going to court, if it's going through due process neither side can take any further action. If you carried on with the court case and you won, the CCJ would have been removed, if you lost then you pay the money and it will be removed.
@waikanaebeach
@waikanaebeach 6 ай бұрын
You must have received notice from the court prior to judgement and from him serving the papers. You must always respond to everything immediately don’t assume… put the cost down to your mistake over responding and move on…
@dsmethurst1
@dsmethurst1 6 ай бұрын
Lee sorry mate but I agree with this comment! I have watched you for some time get busier and busier and heard your comments about dealing with suppliers/customers/solicitors etc. and thought that you need some sort of admin support or things will not get recorded or be missed. This appears to confirm my worst fears for you. You need help in the office!
@johnnewbold3225
@johnnewbold3225 6 ай бұрын
Name and shame Lee. This shit needs outing.
@davidnorton5887
@davidnorton5887 6 ай бұрын
The letter's probably dumped on the floor with the rest of the crap. Lol.
@gothicpagan.666
@gothicpagan.666 6 ай бұрын
What do you do in this situation? As a business the amount of time wasted dealing with officialdom is contemptible. My answer has always been the TAX office looses out, all costs are tax deductable. 🤔🤨
@milesgoff7261
@milesgoff7261 6 ай бұрын
Sounds like you've fucked that right up. What happened to the hearing date and why did the guy get judgement when the date hasn't even passed?
@Richard25000
@Richard25000 6 ай бұрын
Sounds to me the court fucked up and duplicated the case. He responded to case A but case B was not responded to so it got ruled in claimants favour. Basically if you don't reply it's assumed you're not defending the claim. So a CCJ is issued on claim B in error because it never should have been heard as claim A is the original claim that was responded to.
@320iSTWEdition
@320iSTWEdition 6 ай бұрын
I think Lee was tricked....... this was never in my life a lawful happening.....
@extremeways2930
@extremeways2930 6 ай бұрын
@@Richard25000that was exactly my thinking. The mediation claim was a distraction whilst the other claim slipped through. ?
@petejohnson1724
@petejohnson1724 4 ай бұрын
Never get involved in courts there is no such thing as justice it will just cost you. Pay the customer out always then pay to have him met in a dark ally
@tam8197
@tam8197 6 ай бұрын
in the old days, this would have been sorted out... one way. or the other. seems the legal system backed you into a corner, the answer is just up your rates a little that adds 10-15 quid to the next 40 jobs through your door, get your money back and a nice steak dinner for you and the wife. it's not as if the field you're in has a lot of competition, they can lump it or lump it, but they will pay it.
@ThePaulberry
@ThePaulberry 6 ай бұрын
Here is a bullet point on how a court case should proceed 1. You get notification of said case. 2. You go to mediation 3. You either accept and pay up or mediation breaks down. 4. Claimant proceeds to take you to court 5. You get confirmation from the court with a date of 5he hearing. 6. You gather your evidence ready to go to court. 7. If you loose your case you have to pay up or you don’t attend court you have to pay up. 8. No payment within the month then a ccj can be applied for by the claimant. I think you did the right thing in paying the scumbag to put the ccj to bed. BUT a ccj can only be enforced if you didn’t turn up in court, and then didn’t pay the judgment within the month. If you haven’t had any papers from the court stating the date to attend then there is a definite cock up in the case. Get back in touch with the courts and demand the evidence of the court giving you notice of a date to attend a hearing.
@EdwardEngines
@EdwardEngines 6 ай бұрын
But time is money 😬
@davidturk6170
@davidturk6170 6 ай бұрын
In the US, I’d contact my local politicians, and local media to straighten out the court screwup. TV time on municipal screwups are like kryptonite to Superman.
@catkiller7
@catkiller7 6 ай бұрын
Bill the garage and recoup all costs as such they are at fault and the cause of this mess. Contracts need to be drawn up and signed for all future work ,prior to commencing your services
@duffield55aj
@duffield55aj 6 ай бұрын
I’m a retired engineer that ran an engineering company for 35 years. My advice to you is get your company documentation in place as it can save a lot of hassle. Spend time designing documentation with terms and conditions. Everybody makes mistakes and if you have not had a warranty then you are not telling the truth. It’s scientifically proved that verbal communication is the worst form of communication so confirm any verbally agreement in writing. Now regarding your situation, your reputation is everything and I always stated, it like climbing a ladder, the first few runs are easy to climb but the last 3/4 are hard and you can fall down easy. If you have a warranty, document it and be very professional in agreeing a way forward, some times depending on the situation you may have to give more than you want to settle the disagreement. Don’t worry about it and move on because once you get into situations involving the courts, the costs of your time and others alone will be far more than you think and you could be earning money on other work. A good order book can short lived and your look beyond your order book. Finally your relying on to much verbal communication get the documentation sorted.
@kevinmoffatt
@kevinmoffatt 6 ай бұрын
That K series seems to lack a sufficient water jacket; I'd heard that there wasn't a lot of coolant in them but that seems extreme.
@GaiusSonofGermanicus
@GaiusSonofGermanicus 6 ай бұрын
How can they say that you didn't respond when there was a mediation? This sounds like a complete ballsup. Getting a default judgment set aside shouldn't be difficult, but it sounds a lot like the court office has messed this one up completely. I'd be writing to the court manager and asking them to arrange a chance for you to physically inspect the file, and if they say no, get your MP involved.
@howardosborne8647
@howardosborne8647 6 ай бұрын
What you could learn from this unpleasant court situation is to draw up a contract with terms and conditions that the customer should accept and sign before any mechanical/refurbishment work gets under way. If it is a 3rd party garage who is ordering a job from you then it needs to be crystal clear that the garage is the customer for all contractual purposes. People that won't take their share of the responsibilities when things go wrong are customers you need to avoid in future and also let others in the trade know of the hassle you had with any particular crap customers.
@ColinWatters
@ColinWatters 6 ай бұрын
Might be worth asking the court where they sent the paperwork incase there is some issue with your address on some database.
@Arachnoid_of_the_underverse
@Arachnoid_of_the_underverse 6 ай бұрын
Id suggest making a counterclaim in the courts against the claimant.
@PeterPares
@PeterPares 6 ай бұрын
Done what you had to do so take a breath, walk away now it's done & start again.
@ralfie8801
@ralfie8801 6 ай бұрын
It would be good if you could sue him for making false allegations and get your money back + some.
@RonSeymour1
@RonSeymour1 6 ай бұрын
Take the court to the small claims court for causing you loss due to their mistake. lol.
@viscuine
@viscuine 6 ай бұрын
I am all for principles and the customer was not "your" customer and therefore never had a contract with yourselves. However the value of the claim versus risk of CCJ means I would have paid it with a letter of "not accepting liability". Going forward, get a solicitor to check your contracts to prevent future loopholes direct all 3rd parties back to their engineer or garage for resolution, so that you are dealing with the fitter Put your prices up by £10 on every job to cover this legal cost. You will now sleep easier, now that it is behind you In your spare time, try and find out how you were notified or missed the deadline to respond
@nevertrustatory
@nevertrustatory 6 ай бұрын
That would boil my pi55 ! Had a similar situation once. It messed with my head for years !🤬
@Mdunning
@Mdunning 6 ай бұрын
It’s really frustrating. I had a similar thing happen to me. Put it to the back of your mind and move on. It does destroy your faith in the law and human nature.
@ronaldderooij1774
@ronaldderooij1774 6 ай бұрын
Yeah, I had an uncle making sails for ships. His customer would not pay. It was 500 Euro. He hired a lawyer eventually after 250 Euro first steps to settle it out of court. It did not help. The lawyer then made a case and that cost him 2000 Euro, but he was adament that the customer should pay. Eventually he won, but his claim could not be honored as the customer was not in the Netherlands anymore. The only thing that could happen, was that if he re-entered the Netherlands, customs would be signalled. He never got his money. Sad but true.
@shoominati23
@shoominati23 6 ай бұрын
I don't know why you can't buy new heads for RS500 engines. You can basically buy the BDA 1600 engine brand new in pieces from Ford, I thought with the popularity of the SIerras now they would re-pop em
@bluemule3891
@bluemule3891 6 ай бұрын
As stated below, you made a mistake in not getting an attorney. Never go to court without one. Here in the states, you might spend $1000.00 not to pay $300.00, but that is the cost of sticking to your principles. You never really win in small claims, it is always a compromise, or like I said, if you are standing on principle, you have to pay. So you will always end up paying one way or the other. I think right now, clear up the clerical error, then rework your warrantee, have an attorney look over the way it is written, and make it iron clad, and above all, at your discretion, and only for the work you have performed, not for subsequent charges of R&R etc.
@Arcade-fix
@Arcade-fix 6 ай бұрын
Should have just paid it. Or retained counsel.
@TheCack1000
@TheCack1000 6 ай бұрын
Wat do u expect when the country u live in gives the criminals the right to sue u if they get hurt while breaking in to your house and so on this countrys stupid laws r a joke
@craig162
@craig162 6 ай бұрын
WOW. Your legal system is insane. I think you did the right thing.
@thefreedomguyuk
@thefreedomguyuk 6 ай бұрын
Obviously Lee did not do the right thing. There's a court ruling against him, FFS !
@philcarter9525
@philcarter9525 6 ай бұрын
Pay .Without doubt he should be named so all knows who is !!
@allysonsquires8421
@allysonsquires8421 6 ай бұрын
Pay up or pay in the long run..... welcome to Britain 🤦‍♀️
@williamholmes9129
@williamholmes9129 6 ай бұрын
Was that a crack on the head where needed another final skim?
@mariebulmer231
@mariebulmer231 6 ай бұрын
detailed and specific legally sound invoices will avoid this easy to be a smart ass arm chair lawyer
@OH2023-cj9if
@OH2023-cj9if 6 ай бұрын
If you had followed advice, you would not be in this position.
@oildrag
@oildrag 6 ай бұрын
Unfortunately you had no choice ! Never take work from the garage again, that missed the oil PCV fault in the first place, the original rebuild was probably not required in the beginning !
@GARDENER42
@GARDENER42 6 ай бұрын
Of course he had a choice & still does, as he can have the judgement set aside, get a new hearing at HIS nearest County Court & simply lay out the facts, starting with the claimant NEVER being his customer.
@AndrewNeilBaird
@AndrewNeilBaird 6 ай бұрын
Bitter experience is exactly whats happened. You will be the wiser for this . I am surprised no Cossy owning lawer has offered to step in and help for a bit "shop credit" .
@lynjames4306
@lynjames4306 6 ай бұрын
Exactly how i thought it would Go 😢 The problem is the judges and the Court Have no Mechanical Knowledge and only Look at what is on the Paperwork, 45 Minutes on a Government Site is normal in Britain Today, and placing pressure on you was the Easy way out for them Sadly you just can't Win against the Sustem and you were the Easy way out and the customer knew that the other people would get away with it as your Name was on the Invoice for Machining the Components, Just Like the Foo! Foo! valve That should have been changed in the first place by the Garage 😡 Explaining that to Stupid in the Court Sustem is virtually impossible 😢 Just like Dealing with PayPal on Ebay the customer is Allways Rite and they just give the payment back and you loose the part and no way can you Recover Anything Case Closed 😡 And Having looked and Stripping the Engine for the second time should have been charged for and would have placed the Garage at Fault and you would have had a Invoice for the Faulty Part that they should have checked and Replaced in the first place, Sorry Lee for Loosing out Again Because of a Garage that Did not have a clue About the Engine in the MG, that in the End cost your Company Money that They should have Honoured ,Cowboys im Afraid that Got Away with it 😡
@2tone2thebone.
@2tone2thebone. 6 ай бұрын
I totally get why you paid it ...sometimes you just don't need the hassle.
@phenogen8125
@phenogen8125 6 ай бұрын
Legal action against the garage you dealt with is an option. Personally I would advocate never even consider any further MG work and tighten up on your warranties and contracts and documentation.
@1ManBiker
@1ManBiker 6 ай бұрын
UK Justice system is broken….
@michaelmason5459
@michaelmason5459 6 ай бұрын
Don't worry yourself, it's done and over with, just set yourself some guide lines for similar incidents in future. I know its a few hundred quid but look to bright side No more Hassle over it.👍👍👍
@atlas869
@atlas869 6 ай бұрын
LEE you did everything you could do just move on sorry how it came down I was afraid it would not be worth it! I am changing liters in a big block chevy I did last year because the lifters came apart and I am eating the job so to speak!! well take care !
@cme2cau
@cme2cau 6 ай бұрын
Lee, you and I know as much about courts as the guy who tightens head bolts with a shifter knows about engines. You should have got a solicitor.
@g0fvt
@g0fvt 6 ай бұрын
Very confusing about the MG, seems a strange series of circumstances. The owner was never your customer to start with, the recent developments suggest that you have missed correspondence with the court. I guess you should just remember that an old geezer is out and about franticly trying to relive their youth in a car that would be spanked by a tax exempt 2 litre Cortina. Slightly to his credit he has apparently closed the claim, take the hit and learn from it. On a lighter note a geriatric in our village has an MGB, I shall resist pointing out that my standard family car has over double the power and a permanently attached roof that does not leak...
@BigBisalreadytaken
@BigBisalreadytaken 6 ай бұрын
I honestly thought the amount in dispute was 10X this! 400 quid? Pay it and move on. the mental energy you've spent is well over ten times that amount.
@GeeenJ
@GeeenJ 6 ай бұрын
i'd black list the customer and the other shop and refuse to have any further dealings with either of them you don't need people like this giving you stress and obviously the other shop should have admitted fault and settled with THEIR customer
@indepthcardetailing2254
@indepthcardetailing2254 6 ай бұрын
What a complete mess. Ive been following this and the channel for a few months now. Love the channel ❤️
@actuallypaulstanley
@actuallypaulstanley 6 ай бұрын
The law and justice are not the same thing unfortunately. So poor that is financially better to pay a claimant than fight the claim in court. Have a legal professional prepare contract templates to prevent this nonsense in future…
@neilbrown5657
@neilbrown5657 6 ай бұрын
You have been taken for a ride Was this guy ever a customer and was there a invoice for the work done with the serial number of engine or own markings installed
@TheManFrayBentos
@TheManFrayBentos 6 ай бұрын
The customer is a See You Next Turdsday.
@TheBlibo
@TheBlibo 6 ай бұрын
Pay the claimant and take them to court to get reimbursement
@jever105
@jever105 6 ай бұрын
Sometimes it's better to walk away. You win some, you lose some. The thing is to move forward.
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