Buy a chipper for 5k 'ready for work' then spend £1,600 fixing it :(

[Jonny Burch]

Its first job is all this to munch on!

[treequip]

Send a “letter before action” giving him the chance to come good, the court likes to see that you gave them every chance before going to recovery. Use it to remind him of his written agreement to supply a machine in a “ready to work” condition. It also gives you the chance to threaten recovery and reserve costs against the defendant, i.e. anything you spend getting your money back goes on his tab, you can also advise that a judgement in the SCC can damage his credit rating.

 

Send it recorded and keep copies, if and when you do file in the SCC send a copy of the LBA with the court paperwork.

 

Or…to cheap the process you can collect a claim pack from the courts, fill it in and send it to him without the court stamp. If it lacks the stamp it is worthless. He might or might not know that but it’s official looking court paper and could rattle him into paying, at the least it shows your serious intent. You can always do it with the stamp later if the ploy fails.

 

Now if I were to get a letter like that I would counter with “ready for work” means lesser measures than you have gone to so make sure you have a written statement from the repairer to the effect that the works were only those required to bring the machine to a reliable and legal condition. This statement would go in with any court action.

[firewood]

I've found thomas higgins solicitors useful for this sort of thing. All done online at reasonable cost.

 

http://Www.thomashiggins.com.

 

Check them out.

 

http://www.kinnoirwoodfuel.co.uk

[gensetsteve]

Taking it to his yard/house and try to explain what you agreed and had now been done. Then maybe he might pay a contribution or you might come to a compromise.

 

Equally you might get nowhere! At that point weigh up your position, and subject to costs persue him for your loses or give it up as a bad experience.

 

As others have said: at least you now have a working machine - get it working!

 

This looks like sound advice just dont get into a punch up.

 

I like the idea of sending court papers without paying for them have done this before with good result. I dont see why if you are owed money with slim chance of recovery why you should pay the government more money up front.

[Eagle]

I think its a bit much to take it to a dealer of your choice for them to carry out the work without consulting him. He probably thought you were going to do it yourself and he'd have to pay for some bearings and a battery. I think he will argue that he never agreed to that and its a misunderstanding. I doubt its clear exactly what he would pay for in your letter.

 

As others have said, you now have a working machine that you thought was okay for the money, so spend your time working it. It will pay for itself in no time and you'll be a happy bunny!

 

Keep the blades sharp!

[Eagle]

I guess you can now see how expensive it would have been to restore to a serviceable condition that wreck of a TP you were offered a while back!

[Shane]

This seems a bit messy - though the price you paid you should expect a decent machine. You should be seen to give hiim the chance to settle amicably, but make it clear you intend to use the law if necessary.

BUT BEWARE - if you end up going through the small claims court, even if they find in your favour - it can be a real pain getting him to pay.

With private sales the enforcement of payment is somewhat toothless. If he does not pay you can arrange for bailiffs to collect goods to the value (but he has to let them into the house- thay CANNOT force entry), or you can apply for an attachment of earnings (deducted from his employer - unless he's unemployed or self employed) etc. etc.

I'm not trying to give a law lecture but to let you know how slow, expensive and ultimately ineffective the legal process can be.

 

Try to recover some money amicably if possible - the law aint as tough as it might seem if someone doesnt want to pay.

[Le Sanglier]

Yeah you've been shafted! cost you 1600 hundred extra, could be worse, Just get on with it I reckon. Chalk it up to experience.