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Hi all
Please could anyone help me with a general question if possible? We might be looking to bring a case to the small claims court against a plumber due to the poor standard of work.
We've been speaking to the legal cover through our home insurance who have made some basic checks on his finances. They've said that as he doesn't own property and his company isn't registered with Companies House (he's a sole trader), he doesn't fulfil their/the insurer's criteria and as a result they can't help us take the case to court as they could not enforce payment.
However, whilst I can understand their position, what I wanted to know is... If we take him to the small claims court without their support and won, and he refused to pay, would it not be enforceable as he has no demonstrable assets? Or would the judge take into consideration his income/personal bank account/tools/van etc?
Whilst trying to sort matters with him directly, he has blatantly lied about some things. We fear that even if he did have assets, or money in a personal bank account, he would do whatever he could to move these or make them unavailable in some way. Do the courts/enforcers see through these kinds of things? Or, if he wants to "plead poverty" is that something quite easily achieved?
We're at our wits end trying to decide what to do! Any advice or pointers to stuff to read on the subject would be massively appreciated.
Many thanks
(PS - we noticed this evening that he has his put his UTR number on his estimates and invoices. As we've only just realised we've not yet told the legal firm, but will do so in the morning. Could this UTR number help in any way?)
Please could anyone help me with a general question if possible? We might be looking to bring a case to the small claims court against a plumber due to the poor standard of work.
We've been speaking to the legal cover through our home insurance who have made some basic checks on his finances. They've said that as he doesn't own property and his company isn't registered with Companies House (he's a sole trader), he doesn't fulfil their/the insurer's criteria and as a result they can't help us take the case to court as they could not enforce payment.
However, whilst I can understand their position, what I wanted to know is... If we take him to the small claims court without their support and won, and he refused to pay, would it not be enforceable as he has no demonstrable assets? Or would the judge take into consideration his income/personal bank account/tools/van etc?
Whilst trying to sort matters with him directly, he has blatantly lied about some things. We fear that even if he did have assets, or money in a personal bank account, he would do whatever he could to move these or make them unavailable in some way. Do the courts/enforcers see through these kinds of things? Or, if he wants to "plead poverty" is that something quite easily achieved?
We're at our wits end trying to decide what to do! Any advice or pointers to stuff to read on the subject would be massively appreciated.
Many thanks
(PS - we noticed this evening that he has his put his UTR number on his estimates and invoices. As we've only just realised we've not yet told the legal firm, but will do so in the morning. Could this UTR number help in any way?)
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