vehicle rejected under CRA - rejection accepted but no refund forthcoming

[des8]

If he doesn't pay within the time allowed on the judgment I would consider transferring it up to the High Court for enforcement

[islandgirl]

Seconded! I have used this method successfully to "get blood out of a stone". Another one I have used is a charging order on the property of the person owing me money...

[snork]

Thanks both.

From what I have read and given the amount of money owed, I believe I would need to go to the High Court to try and obtain it via bailiff / debt collection as the value is greater than £5k.

I've also read about a charging order but assume that would only occur if the defendant sold their property (so may never happen!).

[islandgirl]

Yes you are right about a charging order but names cannot even be changed on deeds at the land registry as I understand it without the charge being satisfied so it is a good hold over someone who has no other assets. I got £100 a month out of my debtor (who had little) thanks to High Court baliffs and then his son called and they wanted to sell the house so he offered to settle the debt which was paid in full in the end.

[ostell]

So you need to get the high court enforcement officers, the sheriffs, involved to go on site and get your money or goods to the value.

You have the judgement against them,, it's transferred to the high court and the sheriffs go in. Try this link

[snork]

So you need to get the high court enforcement officers, the sheriffs, involved to go on site and get your money or goods to the value.

You have the judgement against them,, it's transferred to the high court and the sheriffs go in. Try this link

Thanks very much.

I don't yet have the judgement - the claim status is currently stating that I have requested a CCJ and that they are processing this request and will post a copy of the judgment to myself and the defendant.

It does also note that If a postal response is received before the judgment is issued my request for a CCJ will be rejected.

So at the moment, I guess I just need to wait and see what comes.

[snork]

Is anyone able to offer any insight into how long it is currently taking for a CCJ to be processed / issued?

It is now 6 weeks since I submitted the request and I have received no further update - it notes that you should not contact them for any further information and that they will write to you.

Somewhat frustrating knowing that until a judgement is issued it can still be contested - kind of defeats the object of there being a time limit to the Money Claim Online response time!

[snork]

Just to update this thread.

I have now received a copy of the judgement ordering the defendant to pay within a month.

Whilst this is still not a guarantee of my money back I have to admit feeling a little relieved to have received it.

Thanks for all the advice to date - much appreciated.

[des8]

Here's hoping he pays without you having to take enforcement action

[snork]

Thought I'd update.

So, unfortunately, still no sign of a refund. It's now been 18 months since the car was rejected. The case is with a HCEO and has been for quite some weeks now.

The dealer in question has actually made quite the efforts to evade paying:

ceased trading under the name of the business I purchased from - website deleted, autotrader stock gone.
they have started trading under a new name now, but with their autotrader ads showing photos of their stock at the same location as previous. New name, same shady dealings.
their new company is a limited company, registered at Companies House but using a P.O.Box address down in London.

I feel for anyone who's dealing with them under their new guise.

Unfortunately feels like I'm never going to see my money again. Still struggle to comprehend how this sort of activity is remotely legal. Bonkers.

[atticus]

Do any of the photos in the adverts placed by the new business by any chance show the same stock as was advertised by your defendant?

Was your defendant also a limited company? [Edit - sorry, I see that this question has previously been asked and answered]

[snork]

Do any of the photos in the adverts placed by the new business by any chance show the same stock as was advertised by your defendant?

Was your defendant also a limited company?

There was a cross over point where the stock was the same, yes, but not any more and their old website / listings have now been deleted so I don't have any screenshots as evidence.

The defendant was not a limited company, no - sole trader so the claim is against them, trading as 'xxx'.

[atticus]

Have you set the HCEO on to the individual?

[snork]

Have you set the HCEO on to the individual?

Yes, it is the individual's name noted as the debtor, 'trading as 'xxx'. Their address was put down as their (now old) trading premises but I did also manage to locate a home address for them, based on information from Companies House from when they previously held their business as a limited company (they dissolved it a few years back but continued trading using the same name albeit as a sole trader).

The HCEO were given both addresses.

[islandgirl]

time for a charging order?