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Advice needed for recovery with CCJ sole trader

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  • Advice needed for recovery with CCJ sole trader

    Hi folks,

    I am looking for some advice. I instructed a builder to do renovation work. I paid him upfront for materials and some labor costs. He did some work and then disappeared citing he is liquidating his company. As I paid him personally (not his company) I took him to small court. Initially he filed defence but then did not see through so I have a now got a judgement against him (in default) for approx. £10k

    The advice I need is what options should I use recovery

    Option # 1 High court enforcement: This builder is very deceptive and changes his address frequently. Is there a way to confirm his address? I a am worried enforcement officer will not be able to get in. If he doesnít open the door could they do anything to force entry? I am pretty sure he only has lease cars. He sometimes lives with his parents can I give their address too?

    Option # 2 Third party debt order: The builder is still working from what I can see under name of different company. Should I consider getting his bank account freeze? I guess he is clever enough not to keep much money in his account and may use family members account

    Option # 3 Charging order. I donít believe he has any assets like property or car. Is there a easy way to check that?

    Option #4 No win no cost recovery: I saw some agencies were offering enforcement office recovery on the basis of no win no fee. Should I consider that? Have they got the same powers as high court enforcement officer? Anyone has experience of using them?

    I know my chances of getting anything back is slim, but deep inside I donít want him to get away with this. He has done the same to lots of other people and I am certain he will do it again.

    Any advice on best way for recovery will be much appreciated.

    Thanks
    Tags: None

  • #2
    AfaIk, if he is a sole trader he cannot into liquidation.

    He would be personally responsible for it.

    He could, however, go bankrupt or opt for an IVA.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      CHATITYNJW thanks for your comments any advice on how to go about recovery?

      This is my first time with such an issue. I have already lost lot of money to this fraud builder and want to make sure I am taking sensible steps for recovery.

      Please advise thanks

      Comment


      • #4
        It'a a common misconception that, if you take someone to court & win, you 'automatically' get the money back.
        Unfortunately (as you have discovered), the court just pronounce the judgment.
        Enforcing that judgment is a different thing.

        I do recall similar situation some years ago, where the Judgment Creditor hired a private investigator to cut through a web of deceit. I've had no personal experience of doing that, so I can't comment on it much further.

        Unfortunately, you've found out the golden rule the hard way; if you sue someone, make sure beforehand that they are in a position tol pay up!
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Any advice from anyone on which option to pursue for recovery.

          A friend suggested that 3rd party debt order could be better approach as bank will freeze whatever funds they find. Has anyone used this enforcement method pls help?

          Thanks

          Comment


          • #6
            You will need to first know the bank account details that you think the builder is using, but there is no guarantee that any money will be in there and the builder could transfer that money out before that order comes through.

            Generally, the easiest method would be bailiffs and since the builder is a sole trader, they could take goods from his house if that is where he trades from, assuming there are assets available.

            I would suggest you need to try and identify whether he has any assets and/or the financial viability, otherwise you could be throwing good money after bad.
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

            Comment


            • #7
              For enforcement aginst the sum you are caiming for you would probably be better off using a High Court Enforcement Officer - have a read of these FAQs @ https://thesheriffsoffice.com/faqs you could also ring them as in the past I have found them quite helpful. There are other HCEOs but a word of warning steer clear of the one that appears on Ch5 Can't Pay, We'll Take It Away.

              Comment


              • #8
                Originally posted by R0b View Post
                You will need to first know the bank account details that you think the builder is using, but there is no guarantee that any money will be in there and the builder could transfer that money out before that order comes through.

                Generally, the easiest method would be bailiffs and since the builder is a sole trader, they could take goods from his house if that is where he trades from, assuming there are assets available.

                I would suggest you need to try and identify whether he has any assets and/or the financial viability, otherwise you could be throwing good money after bad.
                Rob thanks for your comment. How do I go about finding if has any assets? Is there a way to search for land registry record by name rather than title?

                Appreciate any direction. Thanks

                Comment

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