ripped off by dodgy tradesman

fanarfin

Hi,

I employed a roofer to renovate my roof and guttering. Long story short, they did a terrible job, causing the roof to leak, damaging ceilings, walls and carpets, as well as leaving mess all around the grounds. I put in a claim via www.moneyclaim.gov.uk and the court ruled in my favour, but the defendant didn't pay (no surprise). So the next step is to try to enforce the judgement by various options, such as a warrant of control, attachment of earnings order, third-party debt order or a charging order. The first one looks like the only feasible one, as he is a sole trader. According to Companies House, the business does have a small amount of assets, which conceivably could get some or all of the judgement awarded by the court, but the problem is that the registered business address is an accountants office (and the court case was against the business, not the proprietor), and so the bailiffs would not be able to seize anything from there. Even if I made the claim against the proprietor, the listing on Companies House for his address is a care home (he is definitely not living in a care home). So what are my options? It seems ridiculously easy for him to escape any liability. The amount of money involved is not huge: about £8000, but it is a lot for me. Are there lawyers or 3rd party debt collectors who can help in this situation that wouldn't eat up all the money I'm owed?

Thanks for any advice!

Cam

Undervalued

fanarfin said:

Hi,

I employed a roofer to renovate my roof and guttering. Long story short, they did a terrible job, causing the roof to leak, damaging ceilings, walls and carpets, as well as leaving mess all around the grounds. I put in a claim via www.moneyclaim.gov.uk and the court ruled in my favour, but the defendant didn't pay (no surprise). So the next step is to try to enforce the judgement by various options, such as a warrant of control, attachment of earnings order, third-party debt order or a charging order. The first one looks like the only feasible one, as he is a sole trader. According to Companies House, the business does have a small amount of assets, which conceivably could get some or all of the judgement awarded by the court, but the problem is that the registered business address is an accountants office (and the court case was against the business, not the proprietor), and so the bailiffs would not be able to seize anything from there. Even if I made the claim against the proprietor, the listing on Companies House for his address is a care home (he is definitely not living in a care home). So what are my options? It seems ridiculously easy for him to escape any liability. The amount of money involved is not huge: about £8000, but it is a lot for me. Are there lawyers or 3rd party debt collectors who can help in this situation that wouldn't eat up all the money I'm owed?

Thanks for any advice!

Cam

Sorry but the part I have highlighted contradicts.

If he is a sole trader he wouldn't be listed on Companies House unless he also has a limited company.

The distinction is very important. If you dealt with a sole trader then he is personally liable. If however you dealt with a limited company then, with only a few exceptions, the liability is limited to the company's assets which are seperate from the director's (i.e. owner's) personal effects and property.

It is very important before spending any more money that you go after the correct entity.

fanarfin

Thanks Undervalued for your reply. Sorry, I made a mistake there: he is not a sole trader. On Companies House his company is listed as a 'Private limited Company', which is what I launched my claim against. So I assume the assets such as those listed in his last statement of accounts would be subject to seizure? Though the problem still remains of how they could seize them when the company's registered address is an accountants office.

user1977

fanarfin said:

Though the problem still remains of how they could seize them when the company's registered address is an accountants office.

You seize them wherever they are, they don't need to be at the registered office. Where do they actually work from?

eskbanker

fanarfin said:

Though the problem still remains of how they could seize them when the company's registered address is an accountants office.

Many businesses nominate adviser offices as their registered address, in itself it's not an issue and has no bearing on the physical location of the company's assets.

fanarfin

user1977: I'm not sure where they work from, possibly home (which I don't know where that is, it is listed as a care home, which is likely false).

eskbanker: when I contacted the CNBC (civil national business centre) for help with filling out the forms for a writ of control, I mentioned that the defendant has changed their registered business address, and they said I would need to contact the defendant's local county court to see whether I would need to file a 'set judgement aside amend and reserve', which costs £119. After looking into how to do this and not getting very far, I contacted them again and was told I would not have to do this, instead just email the court that handed down the judgement that the address has changed which would involve no cost. After trying unsuccessfully to find an address to email for that, I called them up once again and then was told by someone else to refile the claim. So I'm not really sure what to do, as I have no clear path. I imagine if I put any details in that are not correct as far as courts are concerned, then I will have to refile my claim and fork over more cash and get more delays.

TheSpectator

What value were the assets in the CH accounts and what date were the accounts.

If they are aware of the court ruling they may have taken steps to remove the assets. 

Getting recovery from a small Ltd company is notoriously difficult so you need to consider if you are throwing good money after bad.

sheramber

His wife could run / be the manger of a care where he lives with her.

fanarfin

TheSpectator: net assets were £13000-odd on the latest filing (June 2023). They changed address, but even if they were at the new address when the judgement was sent, it could have been forwarded on to them, so yeah, they may have taken steps. 

sheramber: true, hadn't thought of that. Maybe they're running a crooked care home business as well!