CCJ issued, next steps

[UHUStic]

Hi all, hope all well. We have successfully applied for a CCJ against a trader who took around £400 of our money without doing the work.

Having researched him he has several unsettled CCJs which date back to 2016 so I'm not sure there is any chance of getting our money back. However, due to the principle of it I'm prepared to pay some more legal fees and have a go.

What would be the recommended next steps? I have researched a Warrant of Control but my understanding is, for £77, it will probably result in bailiffs turning up, being greeted with a locked door and not being able to do anything. What is the point in this option and is it ever successful?

Would form N316 to force him to court to explain circumstances be a better method? If so, I have a couple of questions about the form:

I presume when it says things like this: The [claimant] [defendant] (‘the judgment creditor’) - I can cross out what doesn't apply?

Where it says: The amount now owing is £... - is this what he owes plus the fee for submitting the N316?

Thanks for any help. As said I'm not confident of seeing any money, as he's clearly using a system which seems designed to allow people like him not to pay debts very effectively. If I can at least provide some discomfort that would be a bonus.

[ploddertom]

How does he trade - sole trader, partnership or ltd co?

[UHUStic]

Thanks for the reply. Sole trader. Also looking into freezing accounts but feels like another dead end.

[ploddertom]

I've said this a few times. Just because you have Judgment is no guarantee you will ever get paid - it is the great failing of the system. A lot depends on how much more you want to throw at it. I agree using the County Court Bailiff will probably fail as I guess he will be no stranger to this if he has other CCJs against him. Freezing his account will only work if you know he has money in it on a particular date. An Order for Questioning is possibly a good idea as if he then fails to turn up he could be subject to Contempt proceedings but the questions need to be phrased to avoid giving him an opportunity to be evasive with his answers.s

If he has done this to you and others would it be an idea to make a complaint to Trading Standards who may be able to take action.

[UHUStic]

Thanks, yes think you are spot on. Seems to me that if you don't care about wrecking your credit score with loads of CCJs, then you are free to rip people off as ignoring everything and being evasive cannot be countered. Good idea on trading standards.

[ploddertom]

I know in the region I live in they have taken steps to prevent "fraudsters" knowingly trade. Especially those that have preyed on the elderly & vulnerable.