Judgement by default, but defendant hasn’t paid

nuremburger06

Hello, just looking for some advice. This situation has caused me a lot stress and worry over the last few months.

Quick backstory - I bought a car from a 'trader' which turned out to be faulty. It broke down on the way home. Diagnosed as a gearbox fault (it is a VW on a DSG - the fault is common, apparently).

Contacted the 'trader' immediately and he flatly refused to do anything. Told me that the car wasn't faulty when it left his premises. Also told me that he was a private seller so Consumer Rights did not apply.

I have lots of proof that he is a trade seller (trade invoice from him, still selling cars on two well-know web sites under his 'company name' etc.)

I went straight to small claims court; no replies or communication from person in question, eventually I now have judgement by default, but still no reply and still not received my money.

Although I have a lot of evidence to back me up and a judgement that says he owes me the money, I still don't have my money back.

I instructed county court bailiffs and have received three telephone calls from them saying that they have failed to make contact. He didn't answer the door twice and the third time when he answered, he denied all knowledge of the person named on the judgement living there, i.e. him! Bailiffs have said there is nothing more that they can do.

So I don't know what to do now. If I transfer it to the High Court, am I any more likelier to get my money back?

Any help appreciated, thanks.

waamo

HCEO's are more robust in their collecting of debts. They get payment by results whereas baliffs are paid regardless.

If you've come this far you might as well escalate up.

steampowered

HCEOs may well be able to get the money back (plus fees) as they have more powers than county court bailiffs. Or they may also be unsuccessful.

It is 50/50.

You have to weigh the cost of instructing HCEOs against the cost of the debt. With HCEOs you have to pay an admin fee if they are unsuccessful but it isn't very much, so it could be worth a go.

shaun_from_Africa

steampowered wrote: »

HCEOs may well be able to get the money back (plus fees) as they have more powers than county court bailiffs. Or they may also be unsuccessful.

When you instruct HCEO's, are you able to specify a date when they attend the debtors house or business or is it entirely up to them?
If a date can be arranged at fairly short notice then it might be an idea to do this when you know that there are other vehicles for sale.
I know that this doesn't guarantee that they will be at the address that the HCEO's go to but if they are, they could possibly be seized if no payment is forthcoming.

twhitehousescat

the chances are all vehicles will still be registered to there old owners , slim chance , working from home will be "in trade" ,

shaun_from_Africa

twhitehousescat wrote: »

the chances are all vehicles will still be registered to there old owners

That shouldn't matter too much provided that the debtor is selling them.
Even if still registered to the previous owner, the V5 doesn't prove who owns the vehicle concerned.

steampowered

shaun_from_Africa wrote: »

When you instruct HCEO's, are you able to specify a date when they attend the debtors house or business or is it entirely up to them?
If a date can be arranged at fairly short notice then it might be an idea to do this when you know that there are other vehicles for sale.
I know that this doesn't guarantee that they will be at the address that the HCEO's go to but if they are, they could possibly be seized if no payment is forthcoming.

HCEOs need to give a notice of enforcement at least 7 days in advance (unless a judge has authorised them to dispense with that requirement).

However beyond that it would be up to the HCEOs when to attend - so it would be an excellent idea to try and find out if the defendant owns any other vehicles and if so where they are kept.