18 months court case - advice

pennypincher_2

I'll keep it to the point.
Nov 2005 Bought a used car from a dealer,7 days on found out 3 major oil seals needed replacing,warranty company refused to deal referring me back to the dealer. Took legal advice from the RED PHONE insurance company,left car with the dealer saying I reject the car as within 21 days from sale,18 months later ,no money even though court upheld my case - present day I receive a letter from said insurance company saying there is nothing more they can do as the dealer has become untraceable according to the appointed bailiffs.
So I bold as brass walk into the dealer on pretence of being recommended by a happy customer, I ask for Mr Untraceable and immediately recognized the man from the original sale,I ask is this your company and is your partner Mr X I take his photo of him and say thanks for info and walk out.

Positive ID and correct names.

I have approached the police who have been very sympathetic and helpful.

On Monday who should I approach next, the insurance lawyers who deemed the dealer 'untraceable', the insurance company who provide the 'family legal protection', insurance ombudsman,another lawyer?

Fuming.Please advise.

If this is in the wrong board please move.

lic

Was it a Limited company you bought the car from?
If it was, you probably have no chance of getting you cash.

pennypincher_2

The judgment was on individuals as well as the limited company if this makes sense.

mpython

penny/pincher wrote: »

The judgment was on individuals as well as the limited company if this makes sense.

Maybe I'm outside my knowledge base here, but that doesn't make sense. Limited companies are by the nature of their status 'limited' in their exposure for trading losses (& by their insurance limits for employee/ customer death etc). Are the individuals trading as a new limited company from their old premises (which is a classic double glazing/ wideboy stereotype)? If you bought it from a partnership, then you can go after the partners personal assets, but if its a limited company, its just the assets of the company you can seize with a court order (I presume you have a court order as well if baliffs are involved)

pennypincher_2

Not great on legal stuff but the court papers name 4 individuals plus the company itself,the bailiffs have investigated and I have detailed reports of their homes including rough values of properties.

I really am in a spin over this and wonder if I should also approach the local trading standards. Definitely not backing down on this.

mpython

Do you know their bank account details? i.e. does your bank have a record of the account you paid into? or, could a friend buy a bulb from them with a cheque to see which bank they're currently using.

If so, rather than baliffs, it may be more effective to get your money directly from their bank using a third party debt order.

(Extract below explains the difference between baliffs & 3rd party debt order and is from http://www.lawpack.co.uk/small_claims_faq.asp#5004)

What is a warrant of execution?
From Small Claims Kit
A warrant of execution is a request that the County court bailiffs seize any personal belongings of the debtor. Any such belongings are sold and the proceeds of sale after costs will be paid to you up to the value of your judgment.
This method is not usually very effective unless you know that the debtor has assets of value and can direct the bailiffs to them by providing addresses. Bailiffs are only able to act on information you supply to them and they don't carry out any investigations themselves. Personal items, such as clothes and tools of the debtor's trade, cannot be seized.
If there are insufficient assets, the bailiff will notify the court and you will be advised.
Frequently, the debtor facing a warrant will apply to the court to suspend the warrant and allow him or her further time to pay the judgment. If the District Judge should suspend the warrant, you may ask to have it reinstated if the debtor doesn't pay.
A warrant remains in force for one year, but you may renew it continuously upon application to the court.


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What is an attachment of earnings?
From Small Claims Kit
Using an attachment of earnings you can have the court order the debtor's employer to make deductions from his or her earnings and send these payments directly to you. You can attach wages, commissions, and bonuses. You cannot attach Social Security, old age pensions or disability pensions. Servicemen's pay can only be attached through the Defence Council. You can attach wages of an owner of a limited company, but not that of a self-employed debtor, such as a proprietor or partner in a firm.
This method of enforcing will usually only result in payment if the debtor is in secure employment. If he or she moves job, then you have to make a fresh application in respect of any new employment the debtor goes on to.

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What is a third party debt order?
From Small Claims Kit
A third party debt order (TPDO) is an order directed to a third party who holds money on behalf of, or owes money to, the debtor. It orders the third party to hold any such money until there is a hearing at the court to establish if the money should be paid to you.

You can obtain a TPDO against:

• Banks and building societies: only where an account is in the sole name of the debtor.
• Solicitors: they often hold money on behalf of their clients.
• Tenants who pay rent to the debtor.
• Employers: only where money is actually due, not where it is merely accruing. It would be more appropriate to use a TPDO where you expect a single week's or month's pay to cover the debt.

Each TPDO only works once. It operates at the precise moment it's served on the third party; so that if at that moment the third party doesn't owe the debtor money, you will be unsuccessful. Also, the TPDO can pay out any money which has a prior call, i.e. if you third party a bank and the debtor has written out a cheque to someone the day before you serve your third party and it's in the clearing system, it will be paid despite your order.

NMB

penny/pincher wrote: »

Not great on legal stuff but the court papers name 4 individuals plus the company itself,the bailiffs have investigated and I have detailed reports of their homes including rough values of properties.

I really am in a spin over this and wonder if I should also approach the local trading standards. Definitely not backing down on this.

Choose the property that you think has the most equity in it and apply for a charging order against it? The Land Registry website should be able to help you out.

sarahg1969

If you have judgments against the individuals, as well as the company, why not go for chargig orders on the properties that they own?

Yes, it will cost you money and you will not see any recompense immediately, BUT they cannot sell their properties without paying you what they owe. And it may be that the threat will spur them into paying you.

Sarah

sarahg1969

NMB wrote: »

Choose the property that you think has the most equity in it and apply for a charging order against it? The Land Registry website should be able to help you out.

Or go for a charging order on a property for EACH Defendant. That may encourage them to pay.