Small claims action against rogue trader 1 February at 1:58PM in Consumer rights 9 replies 291 views

Crl9109

Hello,

I'm wondering what my options are with regards to pursuing a rogue trader for work done to my roof. They were hired through Checkatrade to fix a leak, but subsequently lied about the cause of the leak, falsified claims to convince me to get more work done, and have in fact made the issue worse - all at a cost of £7,000 to me. I have independent survey reports and photo/video evidence to back up the claims, and have sent two letters to them at a MailBoxes address given on the invoice I received outlining the intention to proceed to court action.

I'm looking to submit a Money Claim/Small Claim online, but my main concern is that the address I've been given is being ignored, and that they will be unable to trace the individual and it will be a waste of time and money. I've searched online and seen that there are tracing companies you can use to find their personal addresses - but not sure on this from a legal point of view? I've asked Checkatrade for the individual's details which they are providing, but just thinking of next steps in case they are the same as what I have already.

Also - if anyone has any similar experience of using the small claims court for things like this, please comment.

macman

Limited company or sole trader? if the former, you just use the registered address at CH, it doesn't matter if they receive it or not. Keep proof of postage, and it will be deemed to have been served in 2 working days.
If sole trader, yes, you could use a tracing agent. Nothing illegal about it, as long as the agent acts within the law. 
But, if you have an invoice with an address on it, I can't see that the court would rule out your claim if the defendant says they didn't receive it, as you have served to the last known address.

Crl9109

Thanks macman - really appreciate the response, it's a sole trader so may look into tracing agent for the personal address. Just concerned of spending even more on the court fee and they can't even find them. Thank you.

Undervalued

As above.

Also, if necessary, you could try getting a friend to contact this trader pretending that they need work doing and see what address is on their quote.

Alderbank

Just be aware that winning your case in court is one thing, and you seem to have a strong case, but collecting £7,000 is something else entirely.

To make pursuing your case worthwhile you need to be as sure as you can be that (a) he has £7,000 and (b) you can see a way of getting it from his pocket into yours.

Crl9109

Thanks Alderbank - I've seen comments of customers from other companies this guy has set up saying the court ruled in their favour but they were unable to trace them to collect the money, how would you recommend looking into points a & b please? I'm imagining he's got a lot of people's money but not sure how I'd prove that. Thank you

macman

You don't need to prove he's 'got other people's money', It's irrelevant to your claim what his companies might owe. And you said that your claim is against him as a sole trader, not a company.  If a company already has CCJ's that are unsatisfied, then there is little point in suing it, because you are unlikely to collect either.
Recovery once you get a CCJ is always unpredictable, as only about 10% are ever satisfied. But, if you are suing him as a sole trader, then personal assets can be seized, whereas his companies may have no assets at all. The obvious bailiff target for a tradesman is a car or van, if owned by him (not his spouse or partner), and not on finance.
Nothing is guaranteed, but if you don't sue for a CCJ, you'll get nothing. If you are not prepared to gamble your £455, don't sue. 

user1977

If you can trace where he is, you might get a better idea of what assets he might have e.g. you could check whether he owns a property once you've got an address to look up.

DullGreyGuy

Crl9109 said:

Thanks Alderbank - I've seen comments of customers from other companies this guy has set up saying the court ruled in their favour but they were unable to trace them to collect the money, how would you recommend looking into points a & b please? I'm imagining he's got a lot of people's money but not sure how I'd prove that. Thank you

You say he's a sole trader but now say he's setup companies? Would be unusual for people to switch 

The problem that you have no idea what money he has... he could have a major gambling habit and be penniless living in rented accommodation with a leased vehicle and tools. Tracing him is step one but that still doesn't mean you know he can pay. 

If others have already issued and not managed to recover it doesn't bode well for you. 

macman

Check the public record to see if he already has CCJ's against him (not against any companies he has). If he does, and they are not satisfied, then there is little point in suing him, as your chances of recovery are low.