Initiated court action, what next

mandragora_2

CAB? Trading standards? TS gave my 76 year-old mother great advice and support when she took a bus company through small claims for failing to provide her with the holiday she was promised. The trading standards dept explained what she needed to do,, and as she went through each step they basically cheered on from the sidelines - they want more people to use their rights.

Am I right in thinking (from that Sheriffs programme on the tv) that if the order remains unpaid and is worth more than £600 you can apply to the high court for a sheriff to act on your behalf, for less than £100?

dancingfairy

You need to get hold of the leaflet regarding enforcement of judgements. Either ask you local court for it or look on the HMRC website. I'm not sure what the difference between enforcing against acompany and a person are but it should give you a starting point.
Also I believe you may be able to transfer the case to the high court for enforcement (Writ of Fifa?) to go to high court bailiffs.
Be aware whatever action you choose will incur costs and has no guarantee of success. You really need to try and find out if there are any assets or anything before pursuing this too far.
df

spacey2012

What trading entity was this company.
This is VERY important.

On paperwork you may see fixbodgers PC repairs LTD or
just something like fixbodgers PC repairs.
Which would have made him a sole trader.
Once I know this I can offer a better opinion of what you should do next to obtain your money.

djpleasure

As far as I know it is a sole trader.
It is apparent the guy has used several company names all trading from same address. Also listed on ebay as a business under the name applerepairuk . http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=221206408157 This is not a case of him going bust.
As for value, the claim is at £648, this is what it cost me to replace the laptops. To assume a non working laptop is worth only £50 is wrong. The faults on originals were small and common faults

Buzby

You gloss over why the laptops were still not working, yet you didn't pay anything for them to be fixed? If you did not pay for the repair (or rejected their estimate) then until this is paid, you have no entitlement to the goods until then.

If the firm subsequently went bust, this is a separate issue - you will be both a debtor and creditor to the company.

djpleasure

why am i glossing? why would i pay if they were never fixed nor returned, the guy said he couldnt fix them, all though website claimed to fix any make and all faults. Guaranteeing to get you laptop up and running! there was never an estimate. It is a no fix, no fee service, free return if not rectified. I was prepared to pay the set fee quoted on website for each laptop.

pinkshoes

Buzby wrote: »

You gloss over why the laptops were still not working, yet you didn't pay anything for them to be fixed? If you did not pay for the repair (or rejected their estimate) then until this is paid, you have no entitlement to the goods until then.

If the firm subsequently went bust, this is a separate issue - you will be both a debtor and creditor to the company.

Company could not fix laptops, so no work done.

OP I would contact CAB for the next step. I think now you have a court ruling in your favour, you need to get the bailliffs in. If it's against the company name, the court could probably change it against his name, or at least I've heard that done before...

Name and shame this company?

Computersaysno

Never sue a man of straw.

Unless you know he [or the limited company] has assets that you can get a bailiff to seize, you're on a pretty certain loser.

spacey2012

If he was a sole trader, the CCJ needed to be in his name, not a trading name.
This is why he chose not to defend the claim.
You will have to apply to the court for the judgement to be attached to the correct entity which is the name of the trader only.