Warrant of Execution returned

GSTAR

thread deleted

vaio

is your judgement against the company or the individual director?

If it's against the company then it can be enforced against the company whether or not the director still works for them

earthstorm

GSTAR wrote: »

It was against the individual. The reason being because he told me he'd sold the company - but I'm not convinced he has now.

Can I still pursue the claim by giving the company premise address?

No as the claim was against the individual so they went to his address. If you paid the money to the company then you would need to make a new claim against the company

bris

The Bailiffs can only go where you tell them too, if he is not there then they can't serve it. They will not just keep going to every address without getting another fee. It's not their job to know where he is or verify anything unless you pay for their finder service but that is separate to just serving the warrant.

The fact is millions of CCJ's go unpaid, sometimes they just disappear and even if they are found getting money out of them is even harder.

Throwing good money after bad is often the wrong thing to do.

ILW

GSTAR wrote: »

So what do you suggest? What are my options in order to get my money back?

Probably put it down to experience.
Have you tried visiting him yourself?

spacey2012

what was the trading status of the company.
sole trader or a LTD
Who did you pay, LTD company or him directly as a trader .

This will decide what I say next.

earthstorm

GSTAR wrote: »

I paid him directly - though he was trading using his company name but that was not registered as a LTD at the time. The company is now trading as a LTD.

Did you pay by cheque/card in his personal name or the name of his business.

wealdroam

GSTAR wrote: »

I paid cash. Yep it was a bit silly of me especially since I have no receipt / contract. Lesson learnt of course but at this moment in time I just want to get my money back

Bad luck Gstar.

Sorry, but I cannot see you getting anything back.

That, I'm afraid, is the price of that lesson learnt.

arcon5

If he is still working as the director I wonder how he is paying himself, if under PAYE then maybe an attachment of earnings. Or if he is employed then equally valid.

Time to do some research on the guy, see if he owns a car or anything also

earthstorm

GSTAR wrote: »

The question is, can I instruct the bailiffs to visit his business premises and attempt to take items belonging to the business?

No.

I am surprised you got the first warrant, as you paid in cash without a receipt etc., so have nothing to say you paid him anything and that all he needs to say is you have given him no money and you cant prove you did

wealdroam

GSTAR wrote: »

I don't know how much weight it holds, but I do have text message conversations of the dispute - in which he tells me (in his words) "you won't be getting your money back".

Make sure you keep that message.

It appears to be the only evidence you have that you paid him some money.