Where to go now ?

[sunshine63]

Hi, I wonder if anyone could impart some advice.

We have just won a lengthy court case against a builder, an obnoxious person, long story, which I wont go into but just to say the judge eventually, after my constant complaints that this should have happened from day one, had his case thrown out and judgement given to us with the claim of £3000.00 plus cost being awarded, to be paid forthwith.

 

We had been bullied by this person into handing over money for a truley awful and uncompleted job, this was, Im afraid, a "rouge trader/cowboy builder", and to be honest I feel rather shamed that we went with him in the first place.

However, after two years of court action of which he didnt attend any hearings or comply with any orders, we did win and now I need to try and actually get him to pay up.

 

We know he is is still in business, a sole trader and is a home owner.

Im just not sure what is the best way forward.

To send in the baliffs or to get him into to court to answer questions as to his finances ? .

As he is self employed I cannot put an attachment of earnings and I dont think putting a charging order on his property will do much good.

 

This man is very unpleasant, on the day he claimed he had finished the job we employed him for and on our complaint of the unfinished and shoddy work, he threatened us and our property had made my husband go draw out money from the hole in the wall and had turned up the next day with 4 burley men in a van with the intent of carrying through his threats.

This all ended up with us calling the police, him receiving a caution and further an order to stay away from our home.

 

My husband and myself are both disabled and Im a wheelchair user, so Its been a very difficult few years having to go to court, but now justice has been done I am wondering whether we will actally see any money.

 

As we need to still rectify the mess he left us in I really do need to try and recoup some money so I am biding my time and seeking advise before we start the legal ball rolling again and I have mentioned the nature of this person because I am obviously concerned as to what he may do, say if I send in the baliffs and what happens if he just ignores any court order as he has done for the past two years.

He will try to worm his way out of paying up that I am sure of.

 

Could anyone impart some useful advise, Many Thanks

[42man]

Welcome to the CAG forums Sunshine.....i'm very sorry to hear of your situation. If he has not paid under the courts orders then I think, you can get the court to order the bailiffs in (give the court a call to check).

[sunshine63]

Hi 42man and thankyou for your welcome and comments. yes I am aware of being able to get the baliffs in but I am wondering if sending in the baliffs is the best way to recoup my money, Ive read that I can get him into court to answer questions about his finances - Im wondering if this is a better way to go initially?

[Pillowcase]

Hi,

 

go onto the HMCS website and search for booklet/form EX321. It contains guidance notes, to help you choose the best route.

[cerberusalert]

This is the booklet you want http://www.hmcourts-service.gov.uk/courtfinder/forms/ex321_0406.pdf

[Pillowcase]

This is the booklet you want http://www.hmcourts-service.gov.uk/courtfinder/forms/ex321_0406.pdf

 

 

 

Thanks, Cerberusalert, I can never remember how to do linkys!!!

[cerberusalert]

Thanks, Cerberusalert, I can never remember how to do linkys!!!

 

The easiest way is to copy & paste the url address.