Dealer Ignoring CRA 2015 & ignored LBA for 15 days. Small claims or cut my losses?

[yogiemoji]

Hi des8 , the hearing will take place tomorrow, may I ask whether you know of any online documents that give advice for hearings?
I have a copy of the witness statements and exhibits, the judge and defendant also have copies of my witness statements and exhibits.
The defendant never sent me anything regarding his defense.
I'll be looking online for advice and possible questions the judge may have.

[des8]

The defendant should have served his defence on you, but I think you said in an earlier post that you had seen his defence anyway.

Every case is different, so other than general advice to be respectful (address the judge as "sir" or "Ma'am"), don't interrupt and only address the court when spoken to. You may or may not get to question the defendant as judges sometimes do it themselves in small claims especially.

Good luck for tomorrow

[yogiemoji]

The defendant should have served his defence on you, but I think you said in an earlier post that you had seen his defence anyway.

Every case is different, so other than general advice to be respectful (address the judge as "sir" or "Ma'am"), don't interrupt and only address the court when spoken to. You may or may not get to question the defendant as judges sometimes do it themselves in small claims especially.

Good luck for tomorrow

Thank you des8 , I really appreciate your help

[yogiemoji]

It's been postponed due to there being not enough judges to take on the case. However, they advised I can add more evidence, ie the strike-off info.

[yogiemoji]

Hi des8,

Just an update, the company never sent in a witness statement so I'm awaiting the Judge's decision. This is the email I received on 17th Jan: "Your case is currently with a District Judge awaiting direction. You will hear from the court in due course."

[des8]

Possibly he will be given a nudge and more time

[yogiemoji]

Possibly he will be given a nudge and more time

Thanks des8, yes, he was given longer but he didn't submit a defense.
He's been ordered to pay by tomorrow. If he hasn't paid by tomorrow I presume I will have to pay to enforce judgement.

[des8]

I would transfer the judgment upto the High court and instruct HCEOs for a judgment of your size1
I think cost is about £70 upfront, but is added to the judgment and will be included in a successful enforcement

Well done, and thanks for the update

[yogiemoji]

I would transfer the judgment upto the High court and instruct HCEOs for a judgment of your size1
I think cost is about £70 upfront, but is added to the judgment and will be included in a successful enforcement

Well done, and thanks for the update

Hi Des8, hope you are well.


To update you, I have emailed the HCEO but have yet to receive a reply. I'm contemplating paying a lawyer to summon him to court.

I also do not believe an HCEO or Sherriff would be able to help as the defendant has moved address (as previously mentioned by me in post #63 of this forum). I also visited the original address and found that he has completely moved, the sign on the business no longer says a and d car sales, only 'car sales' remains. However, there were still cars there.

The other avenues I've explored:
Using Bailiffs - would not work as the amount is above £5000.
Using the Sherriff - would not work as the defendant has tried to wind up the company (I have stopped this by objecting through companies house), and the defendant has moved his assets to another location, and has changed his business address to another business on companies house, and on his website.
An attachment of earnings order - the defendant is a director of the company, not an employee, therefore this would not work.
A charging order - does not compel the debtor to sell the property (if he has any to his name).
A third-party debt order - I do not know how to find out the bank details of the defendant, therefore this would not work.

I'll let you know whether I get a reply from the HCEO or find a way to summon him to court.

Yogi

[des8]

I understood (perhaps incorrectly) that when applying for a writ of control to enforce a judgement the applicant could list all known addresses of the judgment debtor.
This would mean the enforcement officer issuing a notice of enforcement to each address

[yogiemoji]

I understood (perhaps incorrectly) that when applying for a writ of control to enforce a judgement the applicant could list all known addresses of the judgment debtor.
This would mean the enforcement officer issuing a notice of enforcement to each address

Okay, that's not possible...

Do you know if there are any other avenues I could try?

[des8]

Who was your claim against? his company or himself?

[yogiemoji]

Who was your claim against? his company or himself?

the company

[yogiemoji]

I'm thinking of speaking to VISA to see if they can provide the company's bank details, as we paid via a visa terminal.
Also as an update regarding the chargeback, I'm now talking to the financial ombudsman.
The case against DEKRA is ongoing, the court case had to delay the hearing and I'm waiting for another date.

[yogiemoji]

He's now resigning and switching the company to someone else