Dodgy Builder and Court Action

nigpay1

Hi,
Ok, so months ago we employed the services of a 'reputable' builder to do our loft conversion. He came round, very enthusiatic..you can do this, you can do that.

He gave us a full broken down quote for the work which looked great, just what we wanted. I even called a few people from his contact list on the website of people who had used him. I was told great builder, only issue was him turning up late.

The next stage he told us was for us to pay £595 for an architect to come round to measure up to draw plans. They came round, spent a while measuring etc and left.

That was the last we heard from said builder apart from apologetic emails telling us the architect had let him down and he was chasing and that we would have plans soon.

To cut a long story short, what he told us could be done, couldn't. The architect had apparently told the builder this and rather than telling us and amending the plans/a refund etc. he just decided to ignore us and not get in touch again.

I've now started the process to go through small claims, however...
Having had a CCJ issued on his company as he didn't replay to the initial court request for the money, my next course of action is to request and execute a warrant BUT having read up on this, even if a bailiff/sheriff goes to try to collect the money, if there's nothing at the company worth removing, that will be the end of it presumably?

And yes, there's nothing there. A van (presumably on finance) and a mac computer, that's it (both of which I believe can't be taken as they are needed for work.

My question is what should I do? I don't want to waste money on warrants if the likelihood is I won't get any money or goods out of him anyway.
Help?!

naedanger

nigpay1 wrote: »

... if there's nothing at the company worth removing, that will be the end of it presumably?

I think in practice that will probably be the position.

And yes, there's nothing there. A van (presumably on finance) and a mac computer, that's it (both of which I believe can't be taken as they are needed for work.

My understanding is that the mac (and the van if not on finance) could be taken from the company (provided they belong to the company) regardless of whether they are needed for work. (I think you may be thinking of assets that cannot be seized from an individual in the event of their bankruptcy).

My question is what should I do? I don't want to waste money on warrants if the likelihood is I won't get any money or goods out of him anyway.
Help?!

I suspect you have probably read the following. Hopefully somone else can offer practical help.

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

shaun_from_Africa

I realise that it will be heavily edited for TV but on programs such as "Can't pay' we'll take it away" and "the sheriffs are coming",
it's not uncommon to see computers and other work related items being seized.
As naedanger stated, if the items are assets of and fully owned by the business, they should be able to be taken in lieu of the money owing.

paddyrg

Who did you pay the £595 to? What do you have for the money?

Presumably you have had the benefit of the architect and have their calculations and drawings which you can execute with another builder?

Just trying to see how you can rescue the good from the situation without risk or extra cost.

nigpay1

I paid the £595 to the builder, not the architect.
We don't have anything for the money, no plans, calculations, drawings.

I've also paid £60 to eventually have a CCJ issued on his company.
It will cost me an additional £110 to issue and enforce a warrant or Third Party Debt Order but with no real guarantee of success.

Should I continue pursuing him or give it up as a lesson learned?! What's the chances of us getting the money back!?

JJ_Egan

Nobody can tell what your chances are .Especially if he has a notion of what you may do .
Assets what assets nothing here belongs to me its on finance its the wife's etc etc .

You have lost £655 and that could rise to £765 .

shaun_from_Africa

I've no idea how long the process takes, but it may well be worth spending another £2.50 and finding out from the DVLA who the registered keeper of the builder's van is. (providing of course that you can get the registration number).

Private individuals can do this provided that they have reasonable cause, and the DVLA may agree that the OP's reason is good enough.

https://www.gov.uk/request-information-from-dvla

JJ_Egan

OP be aware that registered keeper may not be the owner though usually is .

nigpay1

I've since found out too that the builder has previously been arrested for attacking a BBC camera man when a TV programme was trying to ask him about unpaid debts! Something to be aware of I guess. Although I don't want to be intimidated by him so I don't really want that to be a factor in what I do next.

Anyone have experience in Third Party Debt Orders? That's my other option rather than a bailiff/sheriff.

hollydays

Have you googled the tv programme to view it ?

nigpay1

Yes but it's been deleted, just a list of the subtitles left