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Miss_moneypenny_11

Initial request for advice removed.

bris

Is it a personal charging order or one on a LTD co?

If it's against him personally then yes you can request a charging order, this allows for interest to be charged on the amount due until settled.

If it's a LTD co then no, you can only seek assets from the company.

pinkshoes

Miss_moneypenny_11 said:

Thank you for your reply.  It would be a charging order on him personally he does not have a limited company.

Do you have any experience/knowledge of anyone ever getting their money back this way, eventually?

Well his house will have to be sold at some point... He would not be able to sell it until the charging order was cleared.

So on that basis you have nothing to lose by doing this. 

Is it worth letting him know that this is what you'll be doing and give him a final opportunity to cough up? Have you sent the bailiffs after him yet?

lincroft1710

Miss_moneypenny_11 said:

No I haven’t spoken to bailiffs yet as we are aware that whilst waiting for the judgement to come through he has sold his pickup truck and dining table! and fireplace!

I wonder what he did with the money?

Ectophile

Have you checked that he owns the house? A common way to avoid charging orders is to put it into the name of a family member.

If he does, then don't hang about too long getting the charging order.

macman

Most builders will have some assets, if only a van/truck and some tools. I'd pursue the bailiff action first before you go to the expense of a charging order.
It is of course possible that if suspects that you will apply for a charging order, then he may transfer the property into his wife's sole name.
Even if he does not, you might have to wait years to recoup your loss.

Ergates

Miss_moneypenny_11 said:

I would love to know, I know he has taken around £32,000 from three customers since May this year, (there maybe more people he has scammed) and sold a pickup truck for £16,000.

As we now have the judgement we can invite him to court to question his finances, there is another cost for this but maybe worthwhile, still doesn’t guarantee we will get our money back.

On a positive note because three of us have complained Trading Standards are now going to investigate.  There really does need to be more legal recourse.  Hopefully stop him ripping more people off.

Quite possibly clearly debts, or attempting to.  Not everyone who sets themselves up self-employed is very good at running a company.