calling all sxoc ppl - who is clued up with the law? I need help.. badly

[user23456]

So after some interesting news, It looks like I may have to take out a civil case against an individual who conned me out of a lot of money and destroyed my car in the process. Civil cases cost quite a lot so i want to exhaust other options before going down this route

This person will be named and shamed when the time is right, although many of you may already know who they are, but for now the situation is this:

APT built my engine at the cost of 5.5k
wiseco pistons
pauter rods
lightened flywheel
excedy clutch
some important headwork
and a turbo to suit.

The individual was comissioned to change a gearbox for me and build me another engine using parts I obtained from another member on SXOC

Here is where t gets interesting.


The individual claimed to have been robbed and some of the parts stolen. Those same parts have now appeared in his engine
The individual then supplied me with a broken gearbox,
changed the cylinder head,
swapped the turbo for a made in china fake but put a garrett housing on it to make it look real,
Stolen my clutch and flywheel and supplied a slipping clutch which eventually exploded,
Stolen my 84mm wisecos and replaced them with cheap china forgies which were significantly smaller
damaged the bodywork of my car quite extensively.

Now. Pissed off is an understatement, but what can I actually do? I could call the police but they will just tell me to persue civil action.

I could go there and sort it out, but that would end up with me being done for criminal action.

I do have receipts for everything and facebook/whatsapp and email messages which show all conversations had and all items that I owned (before being stolen) can be accounted for.

What are my options? and has anyone had any experience with a situation like this.?

any advice appreciated

[R3K1355]

You need to get an independent inspection report by a specialist, detailing the components in the engine and gearbox.
You'll need detailed documentation regarding the work that was going to be done by the garage in question.

Combine that with the receipts from APT, possibly with a statement from them detailing the engine build and you have a case.

[user23456]

OK. Would you know how long this could potentially drag out for before I get a ruling in my favor? Is it a long process or a potentially speedy one in the small claims courts?

[Kieran O'Quick]

If you are happy that you are in the right then you'd be mad not to fight it. You'd regret it for ever if you didn't.

Civil law only requires a "on balance" level of proof. Not "beyond all doubt". So you can't lose on some silly technicality - get up, state your case - judge decides.

Small Claims track shouldn't cost much at all and it's all recoverable. Time wise depends on the area.

[user23456]

cool thanks for the help sop far. i will be speaking to my legal team on tuesday, so will keep everyone posted, in the meantime if anyone else has any mor they would like to add, please feel free

[big_mac]

The only advice I have to you is to handle this in private, you have made some bold claims and perhaps these should be made after they have been proven and the situation settled. It also allows the person in question the opportunity to remove/dispose of any incriminating evidence

[user23456]

I agree. Its exactly why im not going to be naming anyone at this point. however, these claims are all true and I think I have given enough info for everyone to understand the seriousness of this and enough to allow others who know me to contact me if they have had a similar problem.

I dont think the person in question will be able to dispute any of the evidence because I have receipts and engineers reports (in the process fof getting more) from trusted traders whos reputation mean everything as well as posts, messages and screen captures from the person in question where it is obvious he is selling and using my stuff.

[big_mac]

I agree. Its exactly why im not going to be naming anyone at this point. however, these claims are all true and I think I have given enough info for everyone to understand the seriousness of this and enough to allow others who know me to contact me if they have had a similar problem.

I dont think the person in question will be able to dispute any of the evidence because I have receipts and engineers reports (in the process fof getting more) from trusted traders whos reputation mean everything as well as posts, messages and screen captures from the person in question where it is obvious he is selling and using my stuff.

I'm in no way defending the third party or dismissing what you are saying, just be careful about what you say on a public forum. If nothing else you may show your hand before the cards have finished being dealt

[Mark]

Has this not been sorted yet?

[Evilchap]

For this sort of amount you're well within the remit of the small claims court.

You can do it all online, there is a fee, but essentially if it's open and shut you should get what you can demonstrate you're owed, and probably costs of the case as well.

It can just act as a catalyst to get the person to sort things out, as most people prefer not to go to court and get told off, or have that on their record if they know they're in the wrong.

Should there be grey areas, and it not open and shut, then it could drag on however.

[R3K1355]

There's also a half decent chance the other person won't turn up and you'll win by default without having to do a thing.

[green_rs13]

is the person a person tinkering on his driveway or an actual company?
if a company he can just fold and reopen in an instant, it nearly tax year time.

[user23456]

the person is just a guy, not a registered company. i had words with my legal team today and it is a pretty open and shut case. the only problem i can see is they dont turn up or deny everything.This person seems to not own anything. Everything has been put under someone elses name so that could pose a problem.

[R3K1355]

If they own a house or a vehicle or anything else then you can still get money.

If not you can still get a CCJ against them, pretty much prevents them getting any kind of credit in the future.

[user23456]

I'm not too bothered about ccjs tbh. I'm just interested in getting my money back and compensation for the stolen parts.

On that note. I needed some evidence, so could a mod pm me.

Thanks

[docwra]

i had words with my legal team today

I'm not too bothered about ccjs tbh.

You might want to speak to your legal team in a bit more detail as if you go through court CCJ is the only way youll see the money back.

[user23456]

You might want to speak to your legal team in a bit more detail as if you go through court CCJ is the only way youll see the money back.

under normal circumstances i would agree, but its a little more complicated than that. all will be explained in due course, but thanks for the advice. I will bring this up again with my solicitor to confirm our course of action

[docwra]

Id be fascinated to know how you recover money from someone following a court case without using a CCJ, care to enlighten us?

[green_rs13]

I bet his expert legal team have advised him how to do it.


my guess would be to ask real nice, can I have my money back please..

[user23456]

as big mac said, its probably not in my best interest to give too much away at this moment, this will be a complicated case as there are certain factors that make this not as straight forward as a simple ccj. although we will be taking this to the county courts, this is also being treated s a criminal matter and may possible have to be seen in the criminal courts. Police have been involved.

could a mod pm me please.

thanks