I can and will go bang on his door if it comes to it but I'd rather not have to. Ducati list the subframe as 1168 euros new, they are different to the earlier Sp subframes and apperently 02 specific in design. If I do a small claims claim this will be what I'll be claiming for but in reality all I want is the correct subframe which he has from this bike.
Personally I liked posts #2s advice I have read the .gov website on the the process and costs. I was hoping that someone on hear may of had a similar experience and used the small claims court to give some first hand advice.
Well for that cost, I think I'd be going to the Small Claims Court. He's taken the piss out of you and will continue to do so unless he thinks there will be consequences. If he ignores the judgement, you can escalate it to these guys for a little extra.
The rules on taking out claims against individuals changed dramatically around 2 years ago. Your costs will be much higher than £60. E.g. Unpaid monies £478.98 (owed to me). Interest £3.19 Court Fees £112 Fixed costs £74.25 Money received £669.42, total cost of the process £190 but I'd actually paid about £275 (£85 more), but this cannot be recovered from the third party....I don't know why, it just never is.
Good point. The Ministry of Justice has long had a policy of discouraging litigants from spending more money on the litigation than the amount in dispute, and also of discouraging parties to small disputes from spending money on lawyers. Essentially, if you choose to spend £1,000 on lawyers to pursue a debt for £500 (instead of handling it yourself), don't expect your opponent to be ordered to pay for it.
Courts do have power to order specific performance (e.g. ordering someone to hand over some goods to someone else), but County Courts are mainly about sums of money owed. If you really want to go for specific performance as regards your subframe, you will really need to take legal advice - and it won't come cheap.
I meant how did he see the advert, if it was on ebay say, did the same person then sell the original subframe after the bike had left Was it a private add say through mcn and would you have any recourse that way but having asked twice with nothing forthcoming, I am puzzled why disclosing it is an issue?
Saw the ad on eBay but it had ended before I could buy through eBay and it wasn't relisted. So I contacted the buyer through eBay and we took it from there. Think I will pop in the local citizens advice bureau and see what they make of it.
I missed your first post and I haven't been online since your last on the thread. Nothing to be puzzled about really and I don't have a issue saying I saw it through eBay.
Cool, sorry to have asked, only knowing the full story helps with the attempt of accuracy of advice by those wishing to help. I hope you get it settled.
