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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think I have grounds to sue this company.

26 replies

raltheraffe · 18/10/2014 11:45

This is a long story. I used a website for a man and van service. Basically man and van picked up a fridge freezer which I purchased on eBay and brought it to my house. In the process the man and van managed to damage the item and damage our flooring. The case went to small claims and a CCJ for £300 was awarded in my favour.
I phoned man and van to ask when he was paying the cash and he hung up the phone.
The next thing I did was go round to his address which the website claim was verified by them. This was to make a quick assessment of whether or not he has assets which I can instruct a bailiff to seize. Turns out he gave his parents address and parents are not for telling me where he lives. I asked the website owners how they had verified the address and it turns out they had not done this.
The website also left defamatory comments calling me a liar and a con artist on there for a year and have only pulled them down now as I have the CCJ in my favour. Before that they claimed it was "my word against his".
The website owners state their T&Cs are they are not responsible for the actions of their self-employed drivers. However they have not refunded the deposit I paid them and so far I have had to spend an additional £35 getting background reports from 192.com to try and trace this guy.
I know I cannot sue them for the damage as their T&Cs are clear on this issue. However I am tempted to take them to small claims over the extra costs I am now incurring to trace this guy.
I should add that he became very threatening when I refused to pay him his fee for destroying the item and instead told him I would deduct it from the costs of the damage. In fact he was so scary we had to pay an additional £550 out on getting a burglar alarm as there were 2 attempted break ins at our house in the 48 hours after I told him to clear off.

OP posts:
Mascaramascara1 · 18/10/2014 16:15

Unless your're after thousands, it really doesn't matter if he has assets or cash. He will have to pay you back if you've won.

I took a plumber to small claims after he attempted to rip me off and won. Total amount of claim was £300, which he had refused to pay me back. His total debt was then increased to about £500, as I had to pay £200 ish to raise the claim and get the Baliffs in, which is a cost he has to all pay me back.

He's living in a studio flat on benefits at the moment and is paying me back £5 a week. It will take about 2 years for me to get the full amount back, but I don't care. I'd happily accept £1 a week, as long as I get every single penny off the little scumbag. I think he originally thought I'd forget or give up, but I've called the Baliffs in again twice when he's missed payments and they pay him another visit (which also costs him £25 on top) so I think he's got the message now.

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