CCJ awared - how do I add more costs?

battleram

I've been looking around on the web trying to find an answer to my query, but have not had much success! I've had a look through this site and can see there are many helpful/ knowledgeable people that may be able to assist me. I'll try and keep it brief!

In January 2008 I bought a car for £5500 from and independent dealer. It seemed like a good deal as it also came with a two years warranty covering the engine, rear axles etc. Within a couple of weeks it was obvious that the car wasn't actually roadworthy - it kept overheating and I was told it needed a new engine. This is when the dealer started messing about and it turned out the car was not covered by a warranty and the dealer was dodgy as hell!

We followed the correct procedures of trying to get the matter resolved, but did end up having to take the dealer to court to try and get our money back. We were awarded £6k in April 2009, but the dealer will still not pay! He needed to give notice of collection of the car after he had paid the monies.

Last month Surrey Trading Standards took the guy to court for selling unroadworthy vehicles (we were witnesses) and he was sentenced to a nine month jail term and was given one week to appeal if he wanted. He was also advised he would need to front-up £20K in costs at the same time as requesting the appeal. He has appealed, so I know that he paid the money. This seems really unfair to me!:mad:

We have now filed for bankruptcy against him and I've been advised this cost will be added to our awarded CCJ value.

This is where my query really begins. As the CCJ was awarded in April 2009, we are still incurring costs relating to this vehicle that are not included within the original CCJ. The main one being that the vehicle has been SORN off the road, but as I have no off road parking available to me, I am storing it on someone elses land for £10 week. I know it doesn't seem much, but it's the principle I think - this car shouldn't really be costing me anything. In an ideal world I would have been paid and the car would have been taken. What process do I need to follow to try and add more costs to the original CCJ? Do I need to go through the small claims process again or is a bit more straight forward than that.

Any advice anyone can offer would be much appreciated.

Thanking you all in advance!:A

Anihilator

You should have added your costs to the CCJ previously.

I am surprised tbh the car wasnt returned to the dealer since you got the payout for it.

battleram

Anihilator wrote: »

You should have added your costs to the CCJ previously.

I am surprised tbh the car wasnt returned to the dealer since you got the payout for it.

Thankyou for your response anihilator, but I'm not sure you fully read my post. The CCJ was awarded in April 2009 - but I haven't been paid anything at all. As the dealer will not pay and therefore has no right to retrieve the vehicle (as per the terms of the CCJ) it is still costing me money for storage, so I think I should rightfully be able to add any costs incurred by me since the original CCJ was awarded.

terryw

I am no expert here but you will certainly have to prove this debt to the OR which might entail another CCJ.

If, as is likely from what you have stated, he is made bankrupt then any debt to you is down the drain anyway so it appears pointless to give yourself expense to prove even more debt which will not be paid.

If, on the other hand (however unlikely) the guy pays the judgement award to avoid bankruptcy then consider another claim for the storage fees.

Best of luck either way.

battleram

Many thanks for your response terryw. I should mention at this point that I know he has the money to pay the CCJ but won't. I have run credit searches and he is a Director of a few firms owns a lot of property etc.

He has been operating as he is for many years and never settles the CCJ's even though he has the money - he knows how to play the system after years of experience. There aren't many people that could front up thousands of appeal money in seven days - not people I know anyway.

He is silly for letting it get to bankruptcy stage but the judge overruled the IVA suggestion that he put forward at the last hearing - he will not declare his income to the company dealing with it.

There is no problem in proving the aditional costs - I have monthly invoices. I just don't know what to do with them. I hate the thought of having to go the court route again - a very slow and frustrating process!

Tozer

If your CCJ is against his company then his personal assets are pretty much immaterial.

Did the criminal court consider any compensation award to you?

Whilst I really do have the utmost sympathy for your position, I would caution you against throwing good money after bad.

Don't suppose you bought any part of the car on credit card???

woody01

Sorry but i would be sending the bailiffs in to retrieve the money.

Tozer

woody01 wrote: »

Sorry but i would be sending the bailiffs in to retrieve the money.

Agreed - but bailiffs are really ineffective against this sort of company.

OP - have a look at transferring the judgment to the High Court for enforcement as the enforcement officers of the HIgh Court have a great deal more power than County Court bailiffs.

hippyadam

Tozer wrote: »

Agreed - but bailiffs are really ineffective against this sort of company.

OP - have a look at transferring the judgment to the High Court for enforcement as the enforcement officers of the HIgh Court have a great deal more power than County Court bailiffs.

Spot on! A High Court Enforcement Officer is definitely the way to go with characters like this :beer:

battleram

Tozer wrote: »

If your CCJ is against his company then his personal assets are pretty much immaterial.

Did the criminal court consider any compensation award to you?

Whilst I really do have the utmost sympathy for your position, I would caution you against throwing good money after bad.

Don't suppose you bought any part of the car on credit card???

Luckily, the CCJ awarded was against him personally - not the company. I made sure of that! The prison sentence he was awarded was through a civil case - the judge complained at the time that it should have been criminal. I think the appeal will be a criminal case. No compensation was awarded.

Unfortunately, I paid by switch for the car (and wasn't in my overdraft).

battleram

hippyadam wrote: »

Spot on! A High Court Enforcement Officer is definitely the way to go with characters like this :beer:

Thankyou hippy and tozer. I have got the bailiffs in previously without success. No cars at the dealership are placed in his name and whoever opens the door at the residential address, says it's rented.

I know there may be a chance of more success with a HCEO, but it's pretty expensive. A joint bankruptcy with another creditor seemed to be the better option given the dealers personal circumstances. It was more to back him into a corner and get him to pay up. If the bankruptcy goes ahead (and he's already gone against what the judge said last time about getting an IVA) then he will lose his directorships, which would not be good for him. I'm still crossing my fingers that he agrees to pay up at the hearing - if he even bothers to show up, which he hasn't previously!