Small claims, your successes and what to expect in court

Newgrass

I'm due to attend a hearing next week and I was wondering if anyone has been successful at the small claims court (no longer called that I appreciate) and what to expect on the day.
I've taken a car dealer to court after buying a car that broke down within a week and cost me an additional £1600 to fix. CA recommended small claims after no positive action from the seller and I sent him a letter telling him so and heard nothing back. Initially the courts arranged for a mediation call for us both to attend, I did, he didn't and gave no reason, so it proceeded to a hearing. I provided the court and him with my evidence but again he has provided no evidence to show he supposedly offered to fix the car.
If he doesn't turn up next week, can anyone give an idea as to what the outcome maybe?
Has anyone experienced a similar situation?
Did you have to follow up with bailiffs and was it costly?
The guy is no longer on Autotrader and Facebook where he was selling his cars, but is still shown as trading on Company House, so he might just be hiding untill it's all blown over (!)

eskbanker

If he doesn't turn up then you get judgment by default, i.e. win the case, but, as you're anticipating, that doesn't mean that you ever see the money, so it can be a moral rather than financial victory.

Companies House can still show a company as trading long after they actually stop, but if the company has no assets then there won't be much prospect of recovery.

tightauldgit

If he doesn't show up then you will win by default - however, if he's not turning up, not responding to messages, not bothering in the slightest to make any defence then I wonder if he's just quietly ceased that company trading and cleared out anything of value so you've nothing to claim against in effect.. 

bris

It depends on who sold you the car and who you took to court.

If the car was sold to you by the director or employee of a ltd co then you take the ltd to court.

If the car was sold to you by Joe Bloggs then you take joe Bloggs to court.

There is little you can do if the ltd co has ceased trading or has no assets.

If it's Joe Bloggs then the Baillifs can go after him personally, that includes home and work possessions.

So who was on the invoice and did you sue the correct one? If you got it wrong a default judgement won't work when it comes to enforcement.

Its a common mistake.

macman

Yes, you will most likely need to instruct bailiffs, because very few people who receive a CCJ then voluntarily pay up what is owed. 
A car dealer is a good target for recovery, because seizure of a single car will more than cover your award, as long as it's an asset of the company your'e suing.
If you purchased from his company then you must sue the company, not the dealer.