Small Claims Court - CCJ issued

[brfcbrfc]

Hello,

I hope this is a place I can post this question for some advice I require for next steps.

I contracted a LTD company for a large building and renovation project for my house - the builder in question has taken my money and has failed to complete the works, after months of waiting and chasing I got fed up and took legal action (i sent him a letter giving him a deadline prior to opening a small claims case). The amount he owes me is just shy of 10k for me to assign another builder to complete the unfinished works he had left.
He has not responded within the time frame from the small claims court, as a result I was able to issue him/his company with a CCJ.

Of course this to date has not helped me with obtaining my money back - I wanted to know if others could advise next best action to take, to try to recover my costs, the company is still active, and I check on a daily basis. I do not know of course what assets the company has.

On a separate note the builder in question took cash and bank transfers to personal bank account, I have raised this with the bank but they have advised they cannot help as it was a faster payment.

Thanks

[Celestine]

If you have a CCJ against an active Ltd company, there are a number of enforcement options to consider. There are all detailed here: https://www.gov.uk/make-court-claim-...rce-a-judgment
Sending a bailiff round would certainly appeal to me

Be careful in case the builder applies to set aside the judgment.

[echat11]

Hi BRFCBRFC

Have you contacted Trading Standards through CAB?, sounds like the builder might have form.
Is the builder a member of any guilds / associations?
Have you tried enforcing the CCJ?

https://www.gov.uk/make-court-claim-...rce-a-judgment

[jaguarsuk]

Escalate enforcement to the High Court and obtain a Writ of Control which High Court Enforcement Agents can then enforce for you.

[brfcbrfc]

Celestine Thanks
I had seen the webpage you have mentioned, I just was not sure what option(s) were the most effective to pursue, i think some do require further court fees but happy to pay them if they are the better options

On your other point you mentioned, about the builder applying to set aside the judgement, I thought this was not possible as He did not respond?

[brfcbrfc]

echat11,
Hi Thanks,

I contacted CAB, they said they will report him to the trading standards - they advised eventually going down the small claims court after the usual letters and giving the builder time etc.
The builder is not part of any groups - As per my last response, I am unsure how to enforce the CCJ

[brfcbrfc]

HI
jaguarsuk

Would that be in your opinion the best for me, what is a writ, is this on top of the high court enforcement, would anyone know what actually happens to the builder/his company if i go down this option- I am still waiting on the CCJ copy to be posted to me, as I filed for this on the 1st of Sept 2021.... I would assume the builder has been served with this by now as it mentioned 10 days.

I only have his home address, which is where his ltd company is registered, i thought about bailiffs but it stated they only are allowed to take items which belong to the business and not personal, and I do not believe he stores his work machinery at home

[echat11]

No doubt he has a van / vehicles (they can be taken provided the value exceeds £1350) parked near his house.

[jaguarsuk]

HI
jaguarsuk

Would that be in your opinion the best for me, what is a writ, is this on top of the high court enforcement, would anyone know what actually happens to the builder/his company if i go down this option- I am still waiting on the CCJ copy to be posted to me, as I filed for this on the 1st of Sept 2021.... I would assume the builder has been served with this by now as it mentioned 10 days.

I only have his home address, which is where his ltd company is registered, i thought about bailiffs but it stated they only are allowed to take items which belong to the business and not personal, and I do not believe he stores his work machinery at home

To send bailiffs around you have to apply for a Warrant of Control in the County Court, but if a judgement is over £600 you can apply to the High Court for a Writ of Control. High Court Enforcement Agents have more powers, especially when dealing with companies to be able to conduct enforcement.

The fee is also cheaper for a Writ than a Warrant.

However, you must write to the defendant and give them the opportunity to settle the judgement before you can move to enforcement.

[brfcbrfc]

echat11
Yes he will definitely have a van outside no idea on its worth I recall it was quiet bad condition, I should drive past to make sure he still lives there!

[brfcbrfc]

jaguarsuk
Thanks, so looks like the writ is better and cheaper method.
I've read up a bit on it and it states: If nothing is known about the financial situation of the Judgment Debtor, whether it is an individual, a firm, a company or a corporation then an Order to Obtain Information is the best place to start.
Is this in your opinion something that I ought to do?
With regards to writing a letter what do I need to mention, other than I will apply for a writ to the high court if he does not pay up, I have already set installments of 1k per month for him to pay. Does the letter need to be posted or can it be emailed/whats app - CAB told me I shouldn't whatsapp letters, I found it odd (but accept it is how it is) as all my comms from him for the past 6 months or more has been via whats app.

[echat11]

echat11
Yes he will definitely have a van outside no idea on its worth I recall it was quiet bad condition, I should drive past to make sure he still lives there!

I was going to suggest discreetly drive by, hours when his vehicle / vehicles are parked so you get a better idea.

[jaguarsuk]

jaguarsuk
Thanks, so looks like the writ is better and cheaper method.
I've read up a bit on it and it states: If nothing is known about the financial situation of the Judgment Debtor, whether it is an individual, a firm, a company or a corporation then an Order to Obtain Information is the best place to start.
Is this in your opinion something that I ought to do?
With regards to writing a letter what do I need to mention, other than I will apply for a writ to the high court if he does not pay up, I have already set installments of 1k per month for him to pay. Does the letter need to be posted or can it be emailed/whats app - CAB told me I shouldn't whatsapp letters, I found it odd (but accept it is how it is) as all my comms from him for the past 6 months or more has been via whats app.

I would post it and get a receipt for posting.

Simply need to enclose a copy of the judgement and say please find enclosed, here's my bank details to set up the payment plan we agreed. If you ignore this letter or do not pay I'll have no choice than to escalate to the High Court for enforcement.

[brfcbrfc]

Thanks all

the odd thing is I have yet to receive the copy of the CCJ even though, so I presume I need to wait for that before sending an letter to the builder

by the sounds of things to date, he doesn't seem at all bothered and fails to respond to anything I send him

[jaguarsuk]

Thanks all

the odd thing is I have yet to receive the copy of the CCJ even though, so I presume I need to wait for that before sending an letter to the builder

by the sounds of things to date, he doesn't seem at all bothered and fails to respond to anything I send him

Yes you'll have to wait and unfortunately you can't enforce on the presumption he won't pay. You have to give him opportunity.