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Old 19 December 2011, 04:47   #111
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Because both the Bailliwick of Guernsey (includes Alderney, Herm and Sark) and the Bailliwick of Jersey are their own jurisdiction. We have our own courts, laws and government. Neither are we part of the EU. An English County Court would have absolutely no powers over here. We are however part of the British Commonwealth and the Queen is our Duke!
I guess that's why the child abuse case at the children's home on Jersey was swept under the table.
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Old 19 December 2011, 04:54   #112
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If possible when using this system go for the individual not the limited company.
but if your contract is with the company not the person, (if in doubt who was the cheque made out to) then the otherside should have no problem getting such a case dismissed, and therefore you have to pay the court costs and go back and try again for the company
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Unfortunately for any smug scumbag trying to hide in the Channel Islands
I hope that is not the case here, and he/the business just happens to be in the CIs rather than hiding there.
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If you want to go down this route PM me and i will point you towards the online county court claim system, its cheap, easy and effective a
I know money claim online (https://www.moneyclaim.gov.uk/) were originally only accepting claims when both applicant and defendant had addresses in England. Not sure if that has changed.
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I am of course not a lawyer and do not replace the common sense approach of taking professional advice.
jurisdiction issues even in Scottish/English cases can get messy (and would result in the case being dismissed you having to pay the fees etc and then reapply in the correct jurisdiction). It may be much simpler to contact the relevant small claims court in the CI's direct, especially in light of the relevant law clause in the implied other party's T&Cs. However if there is an agreed payment schedule in place and it is being adhered to then hopefully it won't be necessary to go down that road.
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Old 19 December 2011, 05:10   #113
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I guess that's why the child abuse case at the children's home on Jersey was swept under the table.
There may well have been some abuse, but sadly sensationalism and the newspapers got in the way of decorum and it was blown out of proportion. The matter was dealt with locally and I think is ongoing, it is just that the national papers have now lost interest and moved onto their next target.

A bit of animal bone was found at an old childrens home, suddenly there were accusations of buried children, and then of course all the stories came out and everyone wanted compensation.

Back to the case in hand though. The petty debts court in question requires the services of an advocate. The court have to serve a summons (for a fee) and your advocate has to state the case to the court. That does not come cheap.
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Old 21 December 2011, 17:45   #114
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...but if your contract is with the company not the person, (if in doubt who was the cheque made out to) then the otherside should have no problem getting such a case dismissed, and therefore you have to pay the court costs and go back and try again for the company
Hence why I suggested "if possible." There are times when a company director uses a phrase like "I personally guarantee" or such like which means you are then able to go against him rather than his company.

Cant use money claim online as you have identified but does not stop you using UK courts, however as you have said it may be better to use CI courts.

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It may be much simpler to contact the relevant small claims court in the CI's direct, especially in light of the relevant law clause in the implied other party's T&Cs.
You prompted me to have a look at his Ts & Cs, but they seem to have been taken down from his website. A bit of google hunting for the quote earlier however found them so its just the link that has been removed.

Most ironic was Point 7

"We will complete our work to the agreed specification and, in the absence of any other contractual term as to quality, to a satisfactory quality".
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Old 21 December 2011, 20:02   #115
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Old 22 December 2011, 13:25   #116
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Just name and shame this b------ for the sake of others who may well be conned in the future
I am new to this forum and joined to get good information from the members on all matters of ribbing
Naming this guy would be good information for me as I would not want to be caught out by him
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Old 23 December 2011, 05:45   #117
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I may be soft and understanding, maybe too soft.

Once we agreed a payment plan they have paid on time every time.

This shows me that they are determined to 'do the right thing'.

Do they deserve to keep their business? I think so, if they learn and change their attitudes and play fair.

I am not the type to pour fuel on an already buying fire.

Give them a chance.
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Old 23 December 2011, 08:03   #118
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I may be soft and understanding, maybe too soft.

Once we agreed a payment plan they have paid on time every time.

This shows me that they are determined to 'do the right thing'.

Do they deserve to keep their business? I think so, if they learn and change their attitudes and play fair.

I am not the type to pour fuel on an already buying fire.

Give them a chance.
Glad your getting your money back, even if it's in instalments
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Old 23 December 2011, 08:47   #119
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Tony, like Kerny I am glad you are getting your money back. But if he had any backbone at all he would give you a bit extra since he had your money for months!!
Cheers mate
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Old 25 December 2011, 18:59   #120
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Jabs

Good to hear you are getting money back now, I suspect this thread has helped you a bit.
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