Recovering debt from tradesman

Debbo1

There is no category for my situation oddly, so this isn't matched correctly, but the website won't allow post without a category.
Tradesman owes me over £3k.  Gone down appropriate channels and CCJ served on him.  Still no repayment.  Am I flogging a dead horse here? There are apparently several options open to me now but the courts 'cannot guarantee the debt will be repaid'! What is the point of it then?   Do I realistically have to wave goodbye to my money?  Which option, if any of them are likely to progress this, is the best one;   Warrant of control,Third party debt order or Charging order? (Attachement of earnings order is irrelevant as the guy is the owner of the business).  If there is no redress or enforcement, then these people presumably run roughshod over people constantly!  Any advice on best way to progress would be much appreciated. 

Clive_Woody

Is this a Ltd company?

sarah1972

Debbo1 said:

There is no category for my situation oddly, so this isn't matched correctly, but the website won't allow post without a category.
Tradesman owes me over £3k.  Gone down appropriate channels and CCJ served on him.  Still no repayment.  Am I flogging a dead horse here? There are apparently several options open to me now but the courts 'cannot guarantee the debt will be repaid'! What is the point of it then?   Do I realistically have to wave goodbye to my money?  Which option, if any of them are likely to progress this, is the best one;   Warrant of control,Third party debt order or Charging order? (Attachement of earnings order is irrelevant as the guy is the owner of the business).  If there is no redress or enforcement, then these people presumably run roughshod over people constantly!  Any advice on best way to progress would be much appreciated. 

Pmd the team to move away from the expired discount codes board to a more appropriate one 

Debbo1

It says it is but it doesn't appear on Companies House and neither does the MD (guy who owes me the money).  Since travelled to the address on his correspondence which is a residential address owned by someone else!  Two other addresses discovered where he lives from the electoral roll also show he is not the owner of the property.  Difficulty now in next steps as no point putting charge on property or sending bailiffs if these are not his properties and can't deliver an;y court order if I don't know where he lives!  

km1500

investigate bumping it up to the high court baliffs eg

https://dcbltd.com/high-court-enforcement/money-order-judgment-ccj/

user1977

Debbo1 said:

It says it is 

What is "it"? Who did you think you were contracting with? An individual, or a limited company? 

the courts 'cannot guarantee the debt will be repaid'! What is the point of it then?

How can anybody else guarantee the debt will be repaid? They don't know what assets the creditor has.

Alderbank

Debbo1, is this a continuation of your other thread 
https://forums.moneysavingexpert.com/discussion/6364076/find-company-not-on-companies-house-who-has-disappeared-after-taking-my-deposit#latest
or is this another company?

You say 'Gone down appropriate channels and CCJ served on him.' Do you mean that he responded to your claim but the judge found against him, or were you awarded judgement by default because he did not respond?

No help to you now unfortunately but the advice here is usually to ensure as far as you can that you could actually recover your award before spending any money on making a claim. 

macman

What made you think that a CCJ guarantees any repayment? All it does is allow you to lawfully take steps to attempt to get repayment. 
You still haven't stated who the CCJ is against, Joe Boggs, or Joe Bloggs Ltd? If it's the latter, then you can only claim against any assets of the company, not against personal property.  The company may not have any assets worth £3k.
You must have 'known where he lives' in order to serve the papers on him, so this isn't making much sense, unless you served at the ltd co's registered address.

DullGreyGuy

Debbo1 said:

It says it is but it doesn't appear on Companies House and neither does the MD (guy who owes me the money).  Since travelled to the address on his correspondence which is a residential address owned by someone else!  Two other addresses discovered where he lives from the electoral roll also show he is not the owner of the property.  Difficulty now in next steps as no point putting charge on property or sending bailiffs if these are not his properties and can't deliver an;y court order if I don't know where he lives!  

What name did you get the CCJ against?
Presumably it was awarded in default because there was no response from the defendant?

The time to do investigation is before you pay the courts to issue... some people will get a CCJ against an entity that has no prospects of paying simply as a matter of principle but realistically, how many of us check to see if a tradesman has outstanding CCJs before hiring?

If you issued against a non-existing entity then doing anything else with the judgement will be a further waste of funds. You'd need to identify the correct entity and restart the whole process which will mean writing off the original issuing fees but make sure you are realistic about the prospects before doing so.

Debbo1

km1500 said:

investigate bumping it up to the high court baliffs eg

https://dcbltd.com/high-court-enforcement/money-order-judgment-ccj/

I understand teh amount has to be over £5 k to do that.  This is £3,500

Debbo1

Alderbank said:

Debbo1, is this a continuation of your other thread 
https://forums.moneysavingexpert.com/discussion/6364076/find-company-not-on-companies-house-who-has-disappeared-after-taking-my-deposit#latest
or is this another company?

You say 'Gone down appropriate channels and CCJ served on him.' Do you mean that he responded to your claim but the judge found against him, or were you awarded judgement by default because he did not respond?

No help to you now unfortunately but the advice here is usually to ensure as far as you can that you could actually recover your award before spending any money on making a claim. 

He has not responded.  The court has issued a CCJ. I have now spent an inordinate amount of time trying to get advice on this without success.  Have completed the N349 form to instigate a 3rd party debt order however there is no address to send this to or advice on how to pay a fee. The CCJ does not list an attached court and just says Online Money Claims Court.  Waited an hour on their phone line without response.