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Estate Agent refusing to pay Judgement costs to me

13

Comments

  • DandelionPatrol
    DandelionPatrol Posts: 1,313 Forumite
    skintpaul wrote: »
    might be worth an embarrasing tweet, or facebook post? Keep it clean, factful, polite.

    First call is to contct the EA's regulatory body, and/or local chamber of commerce.. I think they would take a dim view of members not paying their debt.
    Disagree. Having got the judgement, it is time to hit them hard with recovery action. As they are a company, they will be able to morph into another company very quickly.
  • tpbullets
    tpbullets Posts: 30 Forumite
    Disagree. Having got the judgement, it is time to hit them hard with recovery action. As they are a company, they will be able to morph into another company very quickly.

    Just to put in perspective the effect this would have..

    Not only do they not have a twitter/facebook account. They barely have a website, infact their office number is a mobile number.

    They care little for reputation
  • eddddy
    eddddy Posts: 18,209 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tpbullets wrote: »
    ...
    The judgement is against the company, 'The Market Homes'.
    ...

    Do you mean these people http://www.themarkethomes.com ?

    If so, it looks like 'The Market Homes' may be just a trading name and not a legal entity. (Their website mentions Sky Relocations LTD, which may be the legal entity name.)

    If that is the case, you might have to get the judgement varied to add the limited company name.
  • tpbullets
    tpbullets Posts: 30 Forumite
    Yes, was slightly concerned by the two business names.

    I put TheMarketHomes because that's the company as I know it. It's what's on my contract and all the correspondence with them.

    How do I go about getting them to change it or include both.
  • tpbullets
    tpbullets Posts: 30 Forumite
    What's your guys thoughts on this?...

    Getting ballifs will get me nothing. But as I was given bank details to pay my rent in, I would imagine there's lot of other people doing the same.

    Therefore, if I was able to freeze that bank account, I'm assuming it would cause them some problems, especially If i could time to do so end of the month when everyone has just paid rent.

    Thanks
  • Guest101
    Guest101 Posts: 15,764 Forumite
    tpbullets wrote: »
    What's your guys thoughts on this?...

    Getting ballifs will get me nothing. But as I was given bank details to pay my rent in, I would imagine there's lot of other people doing the same.

    Therefore, if I was able to freeze that bank account, I'm assuming it would cause them some problems, especially If i could time to do so end of the month when everyone has just paid rent.

    Thanks

    Bailiffs wont get you nothing.

    It's often that the directors will pay there and then, rather than risk losing all their possesions and still be liable.

    High court is an option, but you'll have to get it sent to the HC first, which will cost, once there they issue a writ (order) and HC Enforcement (Sheriffs) can go in.

    Whilst bailiffs cant force entry etc. HCE can, if it's a commercial property they will literally empty it.

    You should get the order varied, as Sky Properties is trading under XXX, it should be very easy.

    How long ago was the CCJ issued?
  • tpbullets
    tpbullets Posts: 30 Forumite
    yesterday...

    But, as mentioned. I haven't heard from these guys for about 3 months, they haven't responded to anything legal sent through to them. So you can't blame me for being pessimistic that they won't willing pay me
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    tpbullets wrote: »
    yesterday...

    But, as mentioned. I haven't heard from these guys for about 3 months, they haven't responded to anything legal sent through to them. So you can't blame me for being pessimistic that they won't willing pay me

    They don't get a choice, unless you let them.
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    edited 5 June 2015 at 10:39AM
    The reason they are Ignoring you is you may have sued a non legal entity.
    If the Judgment is against a trading name it is worthless.
    You need your Judgement to be against either an individual if they are Sole Traders or a Company that is registered with Companies house and have the company registration number on the judgement.

    Sorry to bring bad news, very bad in fact but that looks like why they never defended, the CCJ is worthless as it is not against the company but a trading name.

    You need to stop immediately,you can make a application for a variation order via N244 but they can demand a new hearing via N246/b and a N244 to set aside the first and it will cost you about £400 (hearing fees) + £180 for the form .
    It will cost less to re-start the whole claim from scratch against the correct legal entity .
    Sorry I can not help any more, but I would have have to advise you from the initial claim stage.


    Your CCJ needs to be for Sky Relocations LTD
    Company Number 06352873
    UNIT 4 HOLLES HOUSE
    OVERTON ROAD
    LONDON
    SW9 7AP
    I do Contracts, all day every day.
  • tpbullets
    tpbullets Posts: 30 Forumite
    Thanks for your advice Mark.

    I understand that this may not stand up in court. But the name 'Sky Relocation' has never been supplied to me. All my documents from them, everything says The Market Homes, so how would I possible know to use the name Sky relocation?
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