recovering debt from a builder

Huggy_Bear

Hoping someone can help me think about my options here.

I took a builder to the small claims court for nearly £800 owed. I won this but the debt has not been paid so I escalated this to the county court and they have issued a warrant of control. The bailiffs have as yet not been able to find the defendant (seems he no longer lives at the address I had) and if I'm honest the bailiff seems to have given up.

I now have another possible address and possible work sightings which I have told the court about.

Can the defendant keep avoiding this warrant?
If the builder is not working, has no assets etc are my chances of getting my money back slim?

Do I just write this off or can I get the high court involved?


Thanks

Gavin83

If he has no money or assets then yes, your chances of getting anything back are slim. What makes you think he has no assets?

Also if he's moved I wouldn't be surprised if he claims to have never received the court paperwork (maybe he didn't) and this case gets taken back to the start of the process. This is of course assuming you won by default due to him not showing up and he didn't respond.

Huggy_Bear

re assets I'm just assuming the worst!:eek:
I think he was still living at the same address when the small claims was issued.
If a new address is given to the bailiffs do they keep trying to find him there? This is all new to me.
Do they give up if he keeps avoiding them?

unholyangel

How about posting a warning on local facebook groups not to use him because you've been awarded a ccj against him and it remains unpaid. Stick to the facts only, nothing subjective.

It may not motivate him to pay up, but at least it may stop other people ending up in the same situation.

Huggy_Bear

I havent posted on FB but others have, I'm quite shocked at how widespread this fraud has been :-(

Bermonia

Is the CCJ against him personally or as a business?

Bailiffs will put some effort in to it, but given the amount owed and the notoriously difficult nature of getting funds from builders they aren’t going to spend all their time on this.

Huggy_Bear

Its against him.
I wondering if I will get more success with a High Court enforcment, but as I've never done anything like this I'm not sure how it works. I realise I will have to pay a further fee.

Bermonia

Wow you found a builder that wasn’t set up as a limited company?

The reality is that it is a gamble - so you keep throwing money at it in the hopes of a return... reality is you may get very little or nothing back.

Given the amount I’m not sure I would personally keep throwing money at it... keep in mind high court enforcement would have to find him and some assets.