Pot hole:won small claims case:council not paying up - advice needed
 

What would you do? Someone as big as Kent council is ignoring all attempts I make for them to pay up for the damage caused to my wife's car (new tyre and 4 wheel alignment costs) after hitting a massive pothole back in early 2009.

Originally they denied responsibility. So I took them to small claims court. I won.

The court told Kent council to pay up - so far nothing. I have emailed/sent registered letters to Kent council. Still nothing.

I have the official court "what to do if you win your case and they don't pay up" brochure, but to be honest there are a number of actions detailed (bailiffs, freeze bank accounts and a couple of other options). I'm not too sure what to do, as most of these options seem to apply if you are claiming off of another individual. (This is the flipping council! I could try option 2 and freeze their bank account ;)

I do have an option of going to the local newspaper and shame them into paying up, which I may persue.

Thoughts on what you think is the best next action would be gratefully received

Newspaper first, and a phone call to the council to tell them that the Redtops and local TV are next. DO NOT speak to a minion, go as high as you can, I got the chief exec on the line once by telling him I was the local council leader.

Follow it up with e-mails TO the local council leader, whoever is in charge of highways, and YOUR local councillor, telling THEM what you are going to do, and what the timescale is.

Pitch it to the papers etc as "Local council won't pay IT'S bills, what would happen if WE refused to pay our council tax?" Do the same to the councillors

Just enforce the judgment.

Send the bailiff in will be easiest.

Her Majesty's Courts Service -Forms and Guidance

Agreed with the above, just send the bailiffs in. You will have to pay to start with, but there is no doubt that the bailiffs will be able to find the council and collect their fees ;)

Yep - +1. Make sure they target the boss (CEO or whatever title they give themselves these days). And make sure the bailiffs turn up with the press.

Dave

Won't the court which backed your case enforce the claim?

Les

Apparently not, it seems that even once the case is won it's up to the claimant (I think that's the right term for me) to drive the case forward.

I can request the court to perform actions on my behalf (i.e send in the bailiffs) for a fee. But the decision of what to do next is mine, not the courts - well at least that's how the brochure the courts sent read.

Thanks for all the advice everyone, plenty for me to go with.

I think I'll do the bailiff option 1st - as this is one of the official "procedure"s to follow. Then if this fails, I'll call in the papparazzi.

You will pay a fee BUT that will be added to the Judgment debt and you will recover it via the bailiff's.

Just ask the bailiff to go in and take the switchboard, that will prompt some action.

Just stop paying your council tax and then invite the papers to the court hearing that will inevitably follow.... should be one heck of a lot of fun.

Guy in Bedfordshire did this and sent the baliffs in.

Caused quite a stir in the local papers.

I would definately be sending the bailiffs in and tipping off the local media too just for an added kick.

Firstly - good on you for using the County Court system against them:thumb:
Secondly, everyone is giving you the right advice - call for the bailiffs and of course - keep us posted.

Oh please let us know how it goes.

Amazing this as how long would it be if you stopped paying your council tax before they were on your back..................

Seems like ther're digging a hole for themselves.
.
.
.I'll get my coat;)

How much damages diod you win as i just had to replace a front spring and also 2 rear ast bushes not cheap with alignment around £600

just sent this email to all and sundry at the council.

-------starts------

To whom it may concern

Firstly, may I apologise for sending this email to everyone, as most likely some of you are not even aware of the details of my case. But, as the next action seems to me to be rather crazy (the "action" being a member of the public sending the bailiffs to the local council to receive payment), I felt that I had to send this email first.

After hand delivering the below letter and having a copy of it signed, by the receptionist, as proof of delivery, I still have not received payment even though the County Court has judged in my favour.

So, as of this weekend, please be advised that I will be pursuing the relevant action with the help of the court system. In addition, due to the complete indifference that the council has shown on this matter, I will also be contacting the local press to see if they are interested in covering this issue.
-----------ends----------

The letter attached just went over the case details.

Needless to say that I WILL perform the "actions" this weekend.

If I got the email address format right - this email should go the the woman who was dealing with the claim + the CEO!!!!!

You could ask 'rifleman' to have a word! :lol1:

where is the local council as im not far from where you are and would take pleasure in turning up with a scoob full of rather large squaddies and having a word.....
really grips my **** when people rip people off.

:lol1:

lastest: received an email from the "manager" of the department, cheque is in the post ... apparently.

We'll see!

Borrow a Tractor and a muck spreader off a local farmer.

Rofl :lol1:

re the pot hole -- I take it someone from the council is looking into it

Boom boom :)

Update:
1 year after original pothole incident - the council finally paid up.

Case closed, m'lord.

Glad to hear it, what a load of pikers though!

Les :)