Taken builder to court and won. Need further help. Scottish resident.

mark1231

I'll give a short description of what happened.

Just after covid I was due to get my front garden redone with monoblocking . The builder wanted £2000 deposit for materials and to save the date.  I didn't mind as it was a large front garden ( stupid I know and I have learnt my lesson). 

Work was meant to take place in August (2021) but unfortunately he was in an accident and was severally hurt. Time went by and wasn't until Febuary 2022 he could do it but said he would need some help but would need cash upfront as he would be paying them cash in hand. All this was done over bank transfer to him so it was all recorded as well as the messages back and fourth . He did start the garden but he only ripped up the foundations . Several weeks went by with no further progress . He did say he was coming back to do it and would be in touch. 

Nothing further happened from then . The last straw was when someone turned up to my house asking for money for the rubble to be taken away otherwise i was getting someone elses put back. I had paid this to him for it to be taken away . At this point i'd had enough and messaged him saying it wasnt good enough and i wanted all my money back. He promised he would pay everything back but several months later nothing had been paid and I started a small claims appeal.

He didn't turn up or respond to any of the hearings/documents and was ruled in my favour . I've paid money to the ballifs in Scotland to try and help with recovering thing but no luck as the laws up here are terrible. 

Is there anything else I can do ? He's due me more than £4000. I'm not sure how long I have before I can't go after him and want to try everything possible.

Why is scottish law so bad ? Seems like there is more help to protect these people rather there is to get my money back.

Thanks.

tightauldgit

why were the bailiffs unable to help you? simply saying the laws are terrible doesnt really give us much to go on. 

where are you in the process outlined here?

https://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---enforcement-of-the-decision#:~:text=You will need to show,party by a sheriff officer.

user1977

Not sure what you mean by Scottish law being "so bad"? You've got a judgement in your favour (against an individual, yes, not a limited company?). Now you need to try enforcing it.

By "ballifs" I guess you mean Sheriff Officers? What do you mean exactly by "no luck" - what have you tried so far? If you have bank account details you could try an arrestment - though that depends on whether there's any money in the account at the time. What assets does he have? Own property?

mark1231

tightauldgit said:

why were the bailiffs unable to help you? simply saying the laws are terrible doesnt really give us much to go on. 

where are you in the process outlined here?

https://www.scotcourts.gov.uk/taking-action/simple-procedure/simple-procedure---enforcement-of-the-decision#:~:text=You will need to show,party by a sheriff officer.

Sheriff Officers visisted his home but his wife was in and didnt give any details. Sheriff Officers sent a charge of payment, waited the two weeks with no response.  An arrest on his bank account was also sent with the details I had been sending money to but I hadn't heard anything back which means they were unsuccessfully. 

user1977 said:

Not sure what you mean by Scottish law being "so bad"? You've got a judgement in your favour (against an individual, yes, not a limited company?). Now you need to try enforcing it.

By "ballifs" I guess you mean Sheriff Officers? What do you mean exactly by "no luck" - what have you tried so far? If you have bank account details you could try an arrestment - though that depends on whether there's any money in the account at the time. What assets does he have? Own property?

Sorry I should of explained all of this and what I have done and yes sherriff officers . I've sent a charge of payment , no response in two weeks,  sherriff officers also visited his home were only his wife was present and she didnt discuss anything.  The bank details I had I tried to arrest his account and it didn't work.

Unfortunately scottish law doesn't allow removal of goods from what I've read and seen . Can't remove couchs/TV or power tools if they are needed for his work etc.

I've looked at an exceptional attachment order which would need to be approved by the courts to enter his home but as above they can't touch any of those goods . Even if he had a car in his name they may not be able to take it as he could say its used for Child car etc . As with the property I think he rents and doesn't own.  

km1500

if the builder has no assets to speak of for example rents their own home and uses their car and tools for work etc for then you will not be able to get money from him as he doesn't have any

mark1231

km1500 said:

if the builder has no assets to speak of for example rents their own home and uses their car and tools for work etc for then you will not be able to get money from him as he doesn't have any

That is my point , apart from maybe trying to get an expectional attachment order and trying my luck , I don't see anything else I can do.  Unfortunately I don't care if he doesn't have a care for work or tools for his job , he's done be out of alot of money.  Not sure if the car he owns will be in his own name or his wife's.  Unlike English law where the ballifs can go in and remove goods. 

user1977

mark1231 said:

 As with the property I think he rents and doesn't own.  

Have you checked? Costs about 3 quid.

mark1231

user1977 said:

mark1231 said:

 As with the property I think he rents and doesn't own.  

Have you checked? Costs about 3 quid.

It does ? Could you point me in the direction of how to find this out if possible ? 

km1500

Under English law they can remove goods but not work related (eg tools) or living related (e fridge, sofa, bed, washing machine etc)

other goods eg tv, computer etc can be removed but often raise so little money at auction they barely cover the bailiff fees.

cars are the only realistic item usually

user1977

mark1231 said:

user1977 said:

mark1231 said:

 As with the property I think he rents and doesn't own.  

Have you checked? Costs about 3 quid.

It does ? Could you point me in the direction of how to find this out if possible ? 

https://scotlis.ros.gov.uk/

Actually just DM me the name and address and I can probably check for free.