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Discussion Starter · #161 ·
No news from the trader, @Fighterpilot.

Its viability as a claim is now being looked into by a firm of solicitors, so please keep your fingers crossed for me! Obviously I'm hoping they will represent me and start applying leverage. I'll keep you informed whatever happens.

Hoping you guys are all well, needless to say!
 

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I’d be absolutely stunned if the solicitor doesn’t believe you have a claim they have plainly stolen money from you !
 
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Discussion Starter · #164 ·
I’d be absolutely stunned if the solicitor doesn’t believe you have a claim they have plainly stolen money from you !
@Gojira and @IvorB1H, thanks guys!

It's plain as day that this is a fairly simple case in essence, and pretty indisputable legally too.

I won't go into great detail here; suffice to say that funding for my claim is dependent on a number of factors. It is these that are being evaluated to see whether I qualify for assistance. Touch wood!
 

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Will await the outcome pal - I’m sure any competent legal practice would feel they would be able to obtain their fees from the other party in such a case - you undoubtedly have a record of sending money to them and you haven’t received anything for that money - theft / fraud call it what you like should be straightforward imho
 
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Can't help thinking there's something not quite right here... getting a CCJ should be a simple and inexpensive procedure and I can't see what value a solicitor might add
 
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Discussion Starter · #167 ·
Can't help thinking there's something not quite right here... getting a CCJ should be a simple and inexpensive procedure and I can't see what value a solicitor might add
I could of course head off to the small claims court independently. However, since I have zero faith in the trader and only a limited understanding of the legal processes, I am seeking legal assistance. Qualified, ongoing precision guidance with leverage beyond what I've been able to apply should help see matters through to conclusion, however long it may take.
 

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Best of luck Rob with whatever route you decide to take.
 
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You can always issue a winding up order I think via a first letter of notice then via a court. I served such a notice on behalf of my wife's painting contractors (1980's). The money was paid that day. I am not sure if that option is still available and would be a last resort. I would issue the CCJ asap and go from there. PM me with the company name if you are willing to do and I will have a word with someone I know used to legal issues.
 

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I think there is also a limit to how much you can claim through the Small Claims Court and its not a lot. I had to use it once to get money back from my landlord at the time. It was a fairly simple process but still quite stressful and I don't think you can claim costs either (ie. Each party pays their own legal fees).
 

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Discussion Starter · #173 ·
You can always issue a winding up order I think via a first letter of notice then via a court. I served such a notice on behalf of my wife's painting contractors (1980's). The money was paid that day. I am not sure if that option is still available and would be a last resort. I would issue the CCJ asap and go from there. PM me with the company name if you are willing to do and I will have a word with someone I know used to legal issues.
A winding-up petition is not something I'm familiar with, but would seem to be a very powerful tool if all else fails, following a court judgement in my favour.

The solicitor is still in the process of arranging all the relevant pre-amble and due diligence before officially agreeing to represent me for as long as it takes. He needs to be sure that I qualify for funding and that it is guaranteed before proceeding to help me. Doing all this properly does take time unfortunately, but my thinking is that his qualified help should ultimately optimise my chances of success.

In the meantime, I'm doing everything within my power to get all the docs + evidence + correspondence over to him ASAP and to really get things started in earnest. It's like trying to manage a second full-time job.

On a completely unrelated note(!), here's a digital artwork I recently produced. A bit of light relief from the seriousness of this thread, and some creative solace for me. It showcases a toy car I owned as a boy and recently gifted to my 4-year old nephew.

The 1988 24 Hours of Daytona-winning XJR-9. Might make a nice wallpaper for someone!

Wheel Tire Vehicle Car Automotive tire
 

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I could of course head off to the small claims court independently. However, since I have zero faith in the trader and only a limited understanding of the legal processes, I am seeking legal assistance. Qualified, ongoing precision guidance with leverage beyond what I've been able to apply should help see matters through to conclusion, however long it may take.
I assume it's on a no win no fee basis then, otherwise you're gonna lose an awful lot of your money?
 
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Discussion Starter · #175 ·
I assume it's on a no win no fee basis then, otherwise you're gonna lose an awful lot of your money?
While I'd rather not go into specifics, legal funding is coming via a claim through home insurance, fingers crossed.
Qualifying for this does bring its own challenges and is by no means guaranteed at this stage.

Assuming things progress as hoped, the solicitor tells me that he will be acting on a Conditional Fee Arrangement (ie: no win, no fee). :)
 

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While it is great that your costs will be underwritten, these insurance backed procedures take too long. I remember using one for a firm I worked for. By the time we had got the client to court they succeeded in going bankrupt day 1 of the case. So be wary, time also gives the trader to move assets and close down, only to reopen under another name. Again, I remember one contractor who did this 4 times. Always got away with it as wasn't worth taking to court if no money would be forthcoming
 
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Discussion Starter · #177 ·
While it is great that your costs will be underwritten, these insurance backed procedures take too long. I remember using one for a firm I worked for. By the time we had got the client to court they succeeded in going bankrupt day 1 of the case. So be wary, time also gives the trader to move assets and close down, only to reopen under another name. Again, I remember one contractor who did this 4 times. Always got away with it as wasn't worth taking to court if no money would be forthcoming
Absolutely a legitimate concern, and one that keeps me awake at night.
There are risks either way, as I see it. Either I go down this route (and it takes longer but is done 100% properly) or I try to navigate the system alone (likely quicker but riskier due to a lack of firepower and experience).
 

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You’ve set what you need to and can control in motion - now hurry up and wait
 
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Discussion Starter · #180 ·
By way of an update (for anyone interested):

Well, it's a mixed bag of news, really. While I was away at the coast, I noticed a sum arrive in my bank account from the trader. Approximately half of what was outstanding at the time.
This is a welcome development of course; it suggests that the trader has finally decided to take some action and co-operate. Needless to say it does not fully resolve the matter while 50% of the monetary portion still remains unreturned.
I've been given no explanation as to why the full amount has still not been sent.

Because certain conditions were not met, legal funding (via insurance) is no longer available to me. This means that I will likely have to go it alone, without the active representation I was hoping for. This process has taken some considerable time, but I still feel it was worth investigating as to whether I might qualify for full legal support (at minimal additional cost to me).

So...I have since posted my own Letter Before Action, showing the trader that I am resolute and fully intending to take the law to them, if necessary. They received the letter today.

I hope you guys are all keeping cool and hydrated?
 
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