Can I recover money that was transfered.

[GringoMoney]

Hi guys,

I recently employed a builder to complete major works to my house. All was going well until just after I paid the second instalment of 17k. I paid via bank transfer using LTSB internet portal. The builder went missing and I have not seen him since.

I have had a CCJ awarded against him etc.

My question is, can my bank recover the payment due to not receiving the service or goods that I paid for?

 

Thanks in advance.

[Raspberry Beret]

What an awful situation. If you have a CCJ issued then you have a business/trading address for this ******? I would be tempted to invest another few quid in some 'hired help' (with baseball bats).

 

Sadly I don't think BACS payments are covered in the same way credit card payments are but I hope you get this sorted

[Conniff]

What an awful situation. If you have a CCJ issued then you have a business/trading address for this ******? I would be tempted to invest another few quid in some 'hired help' (with baseball bats).

 

Sadly I don't think BACS payments are covered in the same way credit card payments are but I hope you get this sorted

 

Maybe sending the 'brothers' around in that manner is what he really deserves, but there are other more legal means of attempting to get your money back.

 

Is the ccj against the man or a company and if a company, is it Ltd?

 

If Ltd, it is as it says, limited and not much you can do unless they have assets, and this sort of company usually has nothing as any machinery required is usually hired. If it is against the person, you can send in bailiffs to try recovery or sequestration.

 

If he has property, you can get a charge put on it or even start bankruptcy.

Edited October 6, 2009 by Conniff

[MrShed]

If you have a CCJ then you need to recover through the courts.

 

You can go for:

 

- Attachment of earnings (deduction from wages)

- Warrant of Execution (Baliffs)

- Charging Order (charge on a property)

- Garnishee order (remove money from bank account)

 

This needs to be approached with the courts, NOT the bank - the bank are powerless to do anything in this situation.

 

Bear in mind that you will have to pay for the method of enforcement you use.

 

EDIT - just seen the value mentioned. Should none of the above work, you could follow up with a stat demand - that might make him sit up and take notice - would cause bankruptcy!

[MrShed]

Maybe sending the 'brothers' around in that manner is what he really deserves, but there are other more legal means of attempting to get your money back.

 

Is the ccj against the man or a company and if a company, is it Ltd?

 

If Ltd, it is as it says, limited and not much you can do unless they have assets, and this sort of company usually has nothing as any machinery required is usually hired. If it is against the person, you can send in bailiffs to try recovery or sequestration.

 

Not true Coniff - although a WoE is the most common method of enforcement, it isnt the only one...

[Conniff]

If you have a CCJ then you need to recover through the courts.

 

You can go for:

 

- Attachment of earnings (deduction from wages)

- Warrant of Execution (Baliffs)

- Charging Order (charge on a property)

- Garnishee order (remove money from bank account)

 

This needs to be approached with the courts, NOT the bank - the bank are powerless to do anything in this situation.

 

Bear in mind that you will have to pay for the method of enforcement you use.

 

EDIT - just seen the value mentioned. Should none of the above work, you could follow up with a stat demand - that might make him sit up and take notice - would cause bankruptcy!

 

An AOE is no good unless he is an employee in regular employment with someone and this type of person very rarely has any money in the bank to recover.

[GringoMoney]

Thanks for all of your replies.

The CCJ is against the person.

 

Rasberry Beret, yours is looking like the fovoured method as the legal system seems geared up to protect scumbags like this. I was very suprised that the police would not touch it...........

[heliosfa]

Thanks for all of your replies.

The CCJ is against the person.

 

Rasberry Beret, yours is looking like the fovoured method as the legal system seems geared up to protect scumbags like this. I was very suprised that the police would not touch it...........

 

Just curious, is the CCJ just for the £17K, or more?

 

What might be more constructive (and scarey for him) could be an Order to Attend, where he has to attend court to be interviewed on his assets, available finance etc. If he fails to attend and then fails to attend the re-scheduled interview (or otherwise doesn't co-operate with the Court) he can be arrested.

 

H

[MrShed]

Rasberry Beret, yours is looking like the fovoured method as the legal system seems geared up to protect scumbags like this...........

 

I dont think thats entirely fair.

 

You have FOUR (plus stat demand etc) methods of enforcement of the CCJ.

 

The court ("the system") has in fact awarded you with an order stating that LEGALLY he needs to repay you the money.

 

Now you simply need to collect.