I think I might be one of the very few unfortunate sods who has had to bust out the small claims court threat and then go through with it, but I need some advice.

Long story short, I was going to buy some new forks off a bloke, paid him and then before he sent them I had a pretty major stack that had me off the bike for a while and so I decided to leave the forks and get my money back.

This was in November, and the guy has been holding off and holding off. It looks like he spent the money before sending the forks and now I'm a fair chunk down and he's stopped replying to e-mail. He never answers his phone, regardless of what number I try to call him on.

Does this sound like a reasonable case? I'm about to send him an e-mail (I don't have his address, which might make things awkward for a money claim online) outlining a very final deadline, but don't want to get in too deep if there's no use in takin gthis to court.

Without an address, you won't be able to proceed with the small claims court.

I know his place of work, hopefully if I explain they'll be able to let me have it.

Data Protection act will prevent them from giving it to you.

if I explain they'll be able to let me have it.

I wouldn't have thought so

but you may be able to get them to put some pressure on him

Balls. I'm sick of this dick messing me around.

Post his details up – someone here may be able to help

Why not go visit him in person at work and chat with him. He may see reason when confronted politely.

do you have the forks?
do you really mean november last year? thats a long time.

Data Protection act will prevent them from giving it to you.

Data Protection Act does nothing of the sort, although they will probably use it as an excuse…

Stoner- no forks and no money. November 2008.

Mark- he lives darn sarf (bloody southerners), it was on SDH, so I can't just pop in.

Have you used SDH to out him?

did you use paypal?

If you have the bloke's full name, try http://www.192.com

I suspect he'll claim he's sent them to you & now it's way too late to be able to track them down

Data Protection Act does nothing of the sort, although they will probably use it as an excuse…

I thought consent had to be given before details could be released, that is what we have always been advised by the REC.

EDIT: Ah I see where I'm going wrong, we have a confidentiality clause on all of our applications and contracts for workers, so if we release info without there permission we are in iffy territory.

If someone could outline exactly why DP shouldn't stop them giving me his details I'd really appreciate it- I'm not clued up on that at all and need all the help I can get.

Because his details will be held electronically at the workplace and they are not at liberty to divulge this info.

Where is the work? got a link? PM me if you are apprehensive about posting it here.

If you know his workplace you can serve the papers on him there surely? You only need to serve the papers on him not at his home address. Wait outside at knocking off time and hand them to him as he leaves. Or better still embarass him by talking your way into the workplace to serve them.

Having just quickly delved into it, they can give you the info, but probably won't as they don't want to get involved and you have no legal right to the information, the chap can also block yoy from gaining access under Section 10 of the act, as you might cause distress etc, though he'd have to know you are after the info.

On the other hand the Police can get access to the information if they need to, so report him for theft, basically that's what it is if you don't have the forks.

Kingtut- that's the absolute final resort, and it is sadly one I've had to consider.

God, people can be utter fannies sometimes.

If someone could outline exactly why DP shouldn't stop them giving me his details I'd really appreciate it- I'm not clued up on that at all and need all the help I can get.

It's not so much DP but common sense really
If you roll up spinning a line about money owed etc. – how do they know that you're just not a loonie of some description or have other motives?

Long before we had any sort of DP – I wouldn't expect any company to give out personal details regarding an employee to any Tom, Dick or Harry

sorry

Wait outside at knocking off time and hand them to him as he leaves

how would he recognise him?

I think the DPA point is academic – unless you're Obi Wan Kenobi you aren't going to get them to divulge his details if they don't want to give them.

You could tell them that you're going to make an application to court for substituted service at his work place (possible, but would add expense and hassle) but I'd just be straight with them and tell them that he's ripped you off.

Or you could tell them you're coming over with the kindling and fire lighters. 😉

why not search for him buying something from someone else?
then ask them for his post details, making up you need to post him some info and have lost his details

They have given me his mobile number in the past. Hopefully they'll be OK.

I'll post up on SDH tomorrow about him- he has just sold some more stuff on there.

Kingtut- that's the absolute final resort, and it is sadly one I've had to consider.

You've been waiting 9 months, IMO you have no alternative but to report him for theft.

Unless you follow him home, you have no hope.

Serving papers requires the court to find in your favour, then him not to settle, then for you to employ baliffs through the courts.
You don't have an address, so you can't start court proceedings against him.
Catch 22.
Take the day off, follow him home, then you have an address.
I won one SCC action this summer (01 Aug, for £250)and posted another one this evening (for £1885).
Being self emplyed can be a drag at times!

If in doubt, consult the local CAB.
Good luck.

You don't have an address, so you can't start court proceedings against him.

Not always the case – you can get leave to serve at a different address if he is untraceable.

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part06.htm#IDAXAX4B

I've just been granted a decree by the SSC for £3065.

Getting it is another matter, the house is not in the other blokes name, neither it seems are his vehicles. I can have his bank account frozen – but if there's not enough money in it then thats too bad on me, also they court officers must leave him approx £370 in credit.

Not looking good is it?

I'm poining out that even if you do raise a summons against him (which will have to be done in the court closest to where he lives), and you win, you still may not get your money.

If anyone knows of any "heavies" who want to buy my decree, please get in touch – I'm not expecting much for it.

Er, as far as I understand it, the DPA under s29-35 inc allows for the disclosure of personal details for good reasons, including for court action.

For example, if you are issuing court proceedings for compensation after an accident, say the insurer wont pay for the credit hire vehicle you hired, or offer what you believe is sufficent injury compensation, which may still be a small claims court action if its sub £1000 injury or £5000 property damage, you may issue on the defendant directly, and obtain their details if you dont have them, from the insurers.

Taylor.
What's a decree?
And how do you achive freezing someones fiscal assets through the small claims court?
I've never seen these on the forms, though "all" my actions through the SCC's are pretty straight forward.
I had no idea it could bring such a force to bear.

Getting your wonga at the end of the day will, no doubt cost you more £ evey step of the way, and even then you might get zilch for your troubles. Personally, I think it's 100% worth the aggro, based on them banking on you not seeing things through to the very end.

Maybe I'm getting my terminology wrong, also I'm in Scotland so things may be a bit different.

Decree is (I think) what my claim against the defender was. What I've got is an extract for payment – in language that I use – the piece of paper that says he owes me £3065.

As he's decided not to simply hand over this amount, I now have to employ a sheriff officer to try and recover payment (which costs another £79 incl VAT !). The sheriff officer then goes round and asks him for payment and writes a report on the defender – all manner of things can go against me in this case – if it's not his house, if there's two guys at the same address under with the same name…

It's the sheriff officer who can "freeze" the account – that will cost me another £50 or so.

I'd willingly sell this debt for a couple of hundred if I could find someone to take it on ! Central Scotland if anyone knows anyone!