The small claims court. I would advise that you speak to someone at the citizens advice centre beforehand.
We took a plumber through the small claims court as he had produced a bad job. We had paid him with a cheque and it was only after he had left that closer inspection revealed the crap job he had done. I stopped the cheque in a bid to get him back, after a phone call to him proved fruitless. According to the "Judge" a cheque is a promise to pay, and this seemed to have a higher significance with the Judge than the rubbish job he had done with the materials WE had purchased!  A plethora of photographic evidence of his shoddy work had little significance.

Another thing that surprised me was that you do not swear on the Bible to tell the truth before giving your side of the story. The plumber told many un-truths that had us open mouthed. The Judge for her part seemed more concerned with reaching a judgement that saw neither party financially disadvantaged over the other. She said as much in her summing up, having been glued to her calculator. Of course all judges will have a different take on situations before them, but we were hugely unimpressed with the small claims court. As a tradesman myself I feel it gave him the green light to carry on turning out rubbish jobs

I only tell this story so that you are not under the impression that as an aggrieved party it will automatically be judged in your favour. The best one was if we appealed against her judgement...it would be heard by the very same judge!!!  Whatever course of action you may take, I hope it all ends well for you and you are not left out of pocket.

I see that others here have had problems with Damien Johnson of Twommlocomotives. Well over a year ago he made two excellent diesel kits for me. They were a long time coming, but after several promptings they finally arrived and I was very pleased with them, although I have never received the donor bodies. I then ordered a Dukedog, paying in 3 instalments via Paypal. He emailed me photos of his kit, which looked amazing. My last payment was on February 20 2015. I had one or two more emails claiming pressure of work etc. but no response for several months now. I intend to seek legal advice. Unfortunately I cannot open a dispute on Paypal as it is over 180 days and as the payments were not actually for goods or services , fall outside their dispute  terms. So, I was just wondering if anyone else has had any further contact with Damien since the last post on this thread. I have just tried phoning but got an answering service. I have left a message but am not holding my breath!
Trev Collins

Did you use a credit card through Paypal?  If so, you should be covered by them.  If it was Paypal funds, or Debit Card then I don't think you would be.

Maybe someone else has heard from him?

Good point re credit card, but no, it would have been a debit card. Still worth checking thought as my account covers various things

Quote from: Trev Collins on January 27, 2016, 08:00:40 AM
Good point re credit card, but no, it would have been a debit card. Still worth checking thought as my account covers various things

I remember reading on www.moneysavingexpert.com a while back that, whilst credit card payments are covered by something called 'Section 75', debit cards are not. However, in certain circumstances, you can use what is called 'Charge back' - I think it depends on the Bank who issued the debit card, but definitely worth checking out. As an aside, the moneysavingexpert website is well worth a visit. As it is UK based, a lot does not affect me in Ireland, but lots of good advice.  . David.

A look at the website shows it hasn't been updated for over three years,
I think alarm bells should be ringing.

Quote from: dannyboy on January 27, 2016, 10:15:20 AM

Quote from: Trev Collins on January 27, 2016, 08:00:40 AM
Good point re credit card, but no, it would have been a debit card. Still worth checking thought as my account covers various things

I remember reading on www.moneysavingexpert.com a while back that, whilst credit card payments are covered by something called 'Section 75', debit cards are not. However, in certain circumstances, you can use what is called 'Charge back' - I think it depends on the Bank who issued the debit card, but definitely worth checking out. As an aside, the moneysavingexpert website is well worth a visit. As it is UK based, a lot does not affect me in Ireland, but lots of good advice.  . David.

http://www.moneysavingexpert.com/credit-cards/PayPal-Section75



Some further advice here regarding PayPal and credit cards. Hope this helps.

I also had a problem with Damien Johnson. He was supposed to build me a 2mm finescale loco from a kit I provided. The order was place in September 2014 for delivery within six months maximum. Over the next 21 months I sent numerous emails to him, most without reply, and then I managed to track him down at work via Linkd so I could phone him at work. I think this embarrassed him into some action. Eventually I asked for my kit back in whatever state it was. It finally arrived in June this year, partially completed. I couldn't be bothered asking for a refund of my payments as the hassle wouldn't be worth it. I suppose I'm lucky to have got back what I did. I wonder how many other people he has let down. I know of one person in Australia.

Nig H

The Saga continues for me, I ordered and paid in full for two locos from Damien, one in January 2014, the other, his dukedog in March 2015, to date neither have made an appearance, I am down by about £700, my own fault to some degree for paying upfront, however, the lack of communications is disappointing.  I doubt I will ever see any results. 

What about the small claims court? The threat of bailiffs might make him cough up ?
https://www.gov.uk/make-court-claim-for-money/overview


NickR