pontyslapper Posted October 24, 2008 Report Share Posted October 24, 2008 Here goes... what does the TSN massive make of this A very good friend of mine had some work done on his car in a garage owned by a colleague of ours (run by their other half). While the car was in, colleague used car, crashed it, and is now refusing to either sort it or provide the company insurance details. I've run some background stuff myself for my mate and the cars our colleague is using are normally 'for sale' via the garage and we found out using ASKMID that the majority come back as uninsured. Now we figure that the reluctance of our colleague to release the company insurance details is simply down to the fact that they don't exist - no insurance. Discussions with the police, mate's insurance co. all draw a blank. My mate doesn't want to involve his insurers as he's a matter of weeks away from renewal and fears the premium hikes. Trading standards think everything is a bit iffy to say the least, and the local TV are getting interested as another mate works with them. My father in laws firm has also had dealings with the company which ended up with CCJs against colleagues company for unpaid bills. What do you guys reckon is the next step for my mate?? Quote Link to comment Share on other sites More sharing options...
Dave Posted October 24, 2008 Report Share Posted October 24, 2008 Tough one mate, it looks like a legal case whichever way you go.. a possibility would be to get a quote and then go through the small claims court? Quote Link to comment Share on other sites More sharing options...
Booster Posted October 24, 2008 Report Share Posted October 24, 2008 I'd find out if the CCJ's that your father in law raised against him have been satisfied. Is the garage a limited co or sole trader? Quote Link to comment Share on other sites More sharing options...
pontyslapper Posted October 24, 2008 Author Report Share Posted October 24, 2008 Thats what we thought. We also informed our headteacher that colleague was onsite with 'possible' uninsured vehicle - head went ballistic as we work in schools with kids back and forth through the car park. My mate has had enough and is starting to want 'to get dirty' with the tactics - that was the motive with mentioning to the head about the car. I've told my mate to go down the CCJ/small claims route. I can sort him some parts at 'mates rates' through the F-i-L's firm and know several good sprayers, so thats one option if thats the route it goes. Its harsh that my mate may end up forking for our colleagues ****ishness, but as I told him, sometimes you have to take the rub and 'play dirty' when the dust settles. I'm calling a few friends in the trade to start the ball rolling regarding the trade 'ostracising' the cowboy tactics employed by our colleagues company as they do a lot of subbing for main dealers, well mainly the other half who runs the garage is apparently according to the F-i-L (who is a brick outhouse of a bloke) a psychopathic mentalist nutter of epic proportions. I think this one is going to the 'long game' where 'we' slowly strangle the company by word of mouth etc. Quote Link to comment Share on other sites More sharing options...
pontyslapper Posted October 24, 2008 Author Report Share Posted October 24, 2008 Booster, Its a Limited co. and the CCJ's haven't been satisfied. You seem a chap in the know - what will that mean as we're a bit in the dark. Quote Link to comment Share on other sites More sharing options...
Mort Posted October 24, 2008 Report Share Posted October 24, 2008 The car will need to be repaired and the garage billed (and subsequently sued if required) for the amount). This will be a lengthy and possibly costly process and may not suceed. It may be worth biting the bullet and getting his insurance company involved - let them chase recovery whilst your mate contacts police , trading standards , TV , newspapers and anyone else that will make this scrotes life a misery. Quote Link to comment Share on other sites More sharing options...
Booster Posted October 24, 2008 Report Share Posted October 24, 2008 Have the CCJ's been passed to a collection agency? If so, find out what they have achieved. Sounds like this guy thinks he's invincible. Not a lot of point in going down the CCJ route if you can't get the cash as he may have assets of the business in his own name so they can't be taken if bailiffs are called in. If he has been down this path before, and it sounds like he might have, then trading standards would be the way to go. Might not get your mate his cash but could shut him down for a bit of personal satisfaction. If uninsured cars are being driven through a school then the police should be invloved. Quote Link to comment Share on other sites More sharing options...
pontyslapper Posted October 24, 2008 Author Report Share Posted October 24, 2008 The CCJ route would be against 'our colleague' I'm guessing as the company is in their name and address - would that 'bugger' up any credit scoring for our colleague? The company has had an address change in the last few years - and apparently the colleague's other half 'went bust' or out of business in another part of our area big style and this company is the re-emergence. I think my mate is resigned to the fact that the resolution (fixed car) is going to be out of his pocket so I think it is all revenge. I know its not nice but theres a few thousand quid involved in the quotes so far. I've mentioned the route of anonymous phonecalls to customs, the revenue, etc claiming illegals/cash in handers/other dodgyness. I've told my mate to let it simmer on a legal basis then when it dies down a bit, then hit the company with the phonecall trick amongst others. Quote Link to comment Share on other sites More sharing options...
Teacake Posted October 24, 2008 Report Share Posted October 24, 2008 If I were your friend, I'd stay clean. Get a quote for the work, take him to court for the amount, get a CCJ against him. If he's operating as a trader and he fails to pay up, can't you apply to the court for him to be declared insolvent? That would at least be inconvenient for him. Quote Link to comment Share on other sites More sharing options...
Booster Posted October 25, 2008 Report Share Posted October 25, 2008 The CCJ route would be against 'our colleague' I'm guessing as the company is in their name and address - would that 'bugger' up any credit scoring for our colleague? No, as it is a limited company so the CCJ would be in the company name. It would have no reflection on the credit rating of any individuals at the same address as the business. Quote Link to comment Share on other sites More sharing options...
Dave Posted October 25, 2008 Report Share Posted October 25, 2008 Do you have legal cover on your insurance? If so, phone them up and get them to do the work for you! Quote Link to comment Share on other sites More sharing options...
saab Posted October 25, 2008 Report Share Posted October 25, 2008 I would just make a claim on the insurance. I think the guarantee of having my car fixed quickly and without too much hassle would be more important to me than the premium increase as a result - getting into the whole small claims court thing is an option that I wouldn't personally want to take. I've done it in the past and won but never got any money because there were so many people in the queue ahead of me and the guy didn't have any money or assets. Also if claiming on the insurance is not the option he chooses to take he should check his policy anyway as there is quite possibly an obligation to inform them of the accident anyway whether he plans to actually make a claim or not. Quote Link to comment Share on other sites More sharing options...
pontyslapper Posted October 25, 2008 Author Report Share Posted October 25, 2008 The insurers are aware of the situation as are the police, trading standards, our bosses, most colleagues, local TV. The garage and our colleague must be feeling some kind of heat already as trading standards were after him from the previous garage that went under. We have half term now, so unless I see my mate in the week I won't know anymore until the start of november. Quote Link to comment Share on other sites More sharing options...
patently Posted October 27, 2008 Report Share Posted October 27, 2008 No, as it is a limited company so the CCJ would be in the company name. It would have no reflection on the credit rating of any individuals at the same address as the business. So name him personally on the claim form, as well as the company. He drove the car .... he is the person primarily responsible for the damage. If he goes to court arguing that only the company should be named, point out the unpaid CCJs against the company to the Judge. Sympathy should be forthcoming. Nag Plod and TS re the driving while uninsured points and the misuse of customer's car points. Phone them regularly for an update on the cases ... if they fob you off then ask why they are not proceeding in what appears to be a straightforward case. Then, get F-i-L to start strike-off proceedings against the company. Unpaid CCJs = company insolvent = should not be trading = possible director's liability. No way is this bloke invincible. I would be very disinclined to use my insurance - it wasn't my accident... Quote Link to comment Share on other sites More sharing options...
Teacake Posted October 28, 2008 Report Share Posted October 28, 2008 What patently said. If you keep the pressure up, it'll make things very difficult for him. Quote Link to comment Share on other sites More sharing options...
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