Attention: Clive Ward, www.nightvisionstore.co.uk. Intent to pursue, potential for 'class action'

[Donkey Basher]

I have thought long and hard about writing this post - and delayed as long as I can to give every opportunity of remediation. Everyone deserves an opportunity and there is always circumstance - but this would appear to be a habit over a trend.

After more than eight months of trying to get Mr Ward to communicate, I feel I am left with no option but to pursue him through legal means. I am both saddened and angered by his complete disrespect for his customer base on top of being materially out of pocket. All the more frustrating when he does tend to produce good product.

I know I am not alone in finding it impossible to get Mr Ward to communicate (unless purchasing something) - and I also know I am not alone in having Mr Ward owe money and/or goods.

Therefore, if anyone else has an issue (and I am aware of at least two others to date), if they would care to provide me with details via PM, I will seek to add them to a 'class action'.

Should someone have his ear currently, I am always prepared to listen - but in 'the silence is deafening' mode he leaves no choice. @Clive Ward

Send the guy an LBA - Letter Before Action, setting out clearly the issue at hand, the chronology of events, copies of any & all communications, and state clearly that he has 14 days to reimburse you from the date of deemed receipt of the letter (typically assumed to be 2 working days after posting).

Make it clear that if he does not reimburse you in full by that date you will pursue the matter through the courts & that in doing so you will be applying to have interest added to the original amount owed, plus the court fee & any other reasonable expenses such as hire of an alternative unit while waiting for the one you paid for from him, etc.

Send the LBA by recorded delivery & save a copy of the delivery notification (screen shot, PDF file or print out).

Immediately after the 14 days expires start a money claim online via the courts website & upload the LBA along with all the copy documentation plus a copy of the delivery receipt - this is when you can claim the interest on outstanding money. There is a small cost to this but that gets added to your claim. This then gets served to the defendant who has, as I recall, 14 days to respond.

Once the response period has passed, assuming there's no response & the monies haven't been paid to you, apply online for a judgement - this is usually pretty quick if there's a clear cut case & no defence.

If judgement is passed in your favour then take that judgement to the high court for enforcement - this will cost you a small fee which you can also add to the outstanding amount. The reason for going to the High Court is that their enforcement officers have much greater powers than County Court enforcement officers so greater chance of you getting everything you're owed back.

I'm not a lawyer but unfortunately in the past have had to use this process to recover consultancy fees owed to me by clients who having benefited from my services have decided they didn't need to pay me!

Hopefully you'll get it resolved before going down the legal route but if you don't then the above should help. ATB.

 

[Donkey Basher]

Should have added that if he's trading as a Ltd Company then you need to make the claim against the company & not him personally etc. - you can check this with company's house before starting your claim.

 

[Bavarianbrit]

Send the guy an LBA - Letter Before Action, setting out clearly the issue at hand, the chronology of events, copies of any & all communications, and state clearly that he has 14 days to reimburse you from the date of deemed receipt of the letter (typically assumed to be 2 working days after posting).

Make it clear that if he does not reimburse you in full by that date you will pursue the matter through the courts & that in doing so you will be applying to have interest added to the original amount owed, plus the court fee & any other reasonable expenses such as hire of an alternative unit while waiting for the one you paid for from him, etc.

Send the LBA by recorded delivery & save a copy of the delivery notification (screen shot, PDF file or print out).

Immediately after the 14 days expires start a money claim online via the courts website & upload the LBA along with all the copy documentation plus a copy of the delivery receipt - this is when you can claim the interest on outstanding money. There is a small cost to this but that gets added to your claim. This then gets served to the defendant who has, as I recall, 14 days to respond.

Once the response period has passed, assuming there's no response & the monies haven't been paid to you, apply online for a judgement - this is usually pretty quick if there's a clear cut case & no defence.

If judgement is passed in your favour then take that judgement to the high court for enforcement - this will cost you a small fee which you can also add to the outstanding amount. The reason for going to the High Court is that their enforcement officers have much greater powers than County Court enforcement officers so greater chance of you getting everything you're owed back.

I'm not a lawyer but unfortunately in the past have had to use this process to recover consultancy fees owed to me by clients who having benefited from my services have decided they didn't need to pay me!

Hopefully you'll get it resolved before going down the legal route but if you don't then the above should help. ATB.

Consultancy fees owed to me by clients who having benefited from my services have decided they didn't need to pay me!
Been there, I have, after over 40+ years of contracting still owed 10 months fees mainly from German and UK agencies, spread out over 2 weeks here 4 weeks there. I did get even with some of them though.

 

[NullMac]

I had a mate who worked as a receiver. He said they only paid up when legal action was imminent or the boys were waiting for him in the car park.

 

[John Gryphon]

or the boys were waiting for him in the car park.

Those mediator boys can tend to make some slow players change their non paying minds.

 

[Eric the Red]

I love how several people now have come on here, and other platforms giving CW an ultimatum hoping to prompt a constructive outcome, get nowhere with it and do nothing .

There's a word for people who take pleasure out of others misfortune.

 

[Stalker62]

There's a word for people who take pleasure out of others misfortune.

Schadenfreude​

 

[John Gryphon]

Schadenfreude​

Like when i wear my fishnet stockings, silky panties and head off to have a session with Madam Lash to get the tripe belted out of my botty?

She loves misfortune lol.

 

[Night òwl]

There's a word for people who take pleasure out of others misfortune.

I like you have been stung , my point being posting on here will do very little.
If you want to take things legal just do it, not hope he may read this or even care

 

[martin_b]

Consultancy fees owed to me by clients who having benefited from my services have decided they didn't need to pay me!
Been there, I have, after over 40+ years of contracting still owed 10 months fees mainly from German and UK agencies, spread out over 2 weeks here 4 weeks there. I did get even with some of them though.

Been there as well! I mean what could possibly have gone wrong taking on work for a Nigerian TV news channel.

 

[AHPP]

I like you have been stung , my point being posting on here will do very little.
If you want to take things legal just do it, not hope he may read this

It achieves getting others together to sue together. I don't know exactly how it works but I suspect a few clubbed together will take it off the small claims track and onto the fast track (ten people at a grand each). That means costs would be recoverable, which might be enough to get it settled quickly/easily rather than strung out. Costs tactics in litigation are as big if not a bigger thing than the matter itself.

 

[Eric the Red]

I like you have been stung , my point being posting on here will do very little.
If you want to take things legal just do it, not hope he may read this or even care

You assume way too much. Please desist on my behalf.

 

[Night òwl]

You assume way too much. Please desist on my behalf.

That I will.
Good luck

 

[jaffa]

So sorry to hear that members are having problems with the night vision store .I personally never have.
Hope things work out for everyone.

Jaffa

 

[artschool]

So sorry to hear that members are having problems with the night vision store .I personally never have.
Hope things work out for everyone.

Jaffa

same here. i once had an nv unit stop working whilst on a hunting trip and clive made a big effort to try to get it up and running again. it got repaired on my return.

 

[devon deer stalker]

@Eric the Red did you take it any further?

 

[Stalker62]

@Eric the Red did you take it any further?

 

[Eric the Red]

@Eric the Red did you take it any further?

In process..... such a shame