Car mechanic problems!

[AndyOrch]

So have you been paid Needadvice ?

[needadvice1]

*help

 

No not yet. Judge said we would get something in the post. He just verbally told us what was owed to me.

 

Does that sound normal? I was given nothing on paper by the judge.

 

got something official through the post now. awaiting payment!

[AndyOrch]

[needadvice1]

hmmmm....no payment received as yet and I called the courts, they have not had notice of him wanting to appeal either...

[reallymadwoman]

The notice from the court should say how long the defendant has to pay. There's no point even thinking about it until that time is almost up.

[needadvice1]

Ok. He has about 5/6 days

[needadvice1]

Ok. Maybe a cause for concern now? He has not paid. He has til this Friday to pay. Also, I checked with the courts and they advised that he has not told them he will be appealing.

[Ganymede]

Why cause for concern? It's not Friday yet...

[needadvice1]

as far as I can gather from the paperwork from the courts, the only way he can pay is by cheque as I know he will not want to meet to pay cash. and he cant pay by card. I would expect that someone sending a cheque would send it a few days early in-case of issues with the post.

[needadvice1]

Ok, the day is almost over and no money received.

 

No money!!!!

[Conniff]

Ok, give him the benefit of the doubt if it's by cheque and post, but if it's not arrived on Monday get right back and have a talk with the bailiffs.

[needadvice1]

Should I email him tonight too? He will pick it up tomorrow morning. And then on Monday start via legal methods if he ignores me or I don't see the cheque in the post. I know him by now, he is a crook. If I don't get a response by tomorrow, I won't ever.

[needadvice1]

I emailed with an ultimatum. Gave him until Monday.

[needadvice1]

No money.

No contact.

I have a concern.

 

 

During the hearing,

he said he is a sole trader although he is trading using his Ltd company name.

This doesn't make sense to me at all.

 

Which enforcement action would you guys recommend at this point?

 

help?

should I send bailiffs?

what is the normal first step?

[AndyOrch]

Go to point 7 in the following link...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards

 

Regards

 

Andy

[needadvice1]

thanks, looks like bailiffs is the way. what do you think regarding the sole trader point in post #261 above?

[liverpoolluke]

thanks, looks like bailiffs is the way. what do you think regarding the sole trader point in post #261 above?

 

who or what did you take to court ? Mr A OR Mr A's Company LTD ?

 

You can only act on the paperwork you have, you can't sue both Mr A & Mr A's Company LTD you can only sue 1

[AndyOrch]

Name on your judgment

[needadvice1]

I took the Ltd company to court

but during the hearing he said he was a sole trader.

 

If it turns out that he is committing some sort of fraud by saying he is all Ltd co,

can't I sue him personally?

 

Say he has zero money in the Ltd co bank accounts

because he is putting it all into his personal account.

 

Is this tax fraud and probably other types of fraud too?

So why would I not be able to sue him personally as he is a sole trader?

 

Name on your judgment

 

Sorry?

[liverpoolluke]

if you have successfully sued and be awarded an amount from Mr A's Company LTD then it is only Mr A's Company LTD that has been ordered to pay, you could only ask bailiffs to act upon Mr A's Company LTD I don't think you could further sue Mr A as the matter has already be dealt with

[AndyOrch]

Sorry?

 

You can only collect from the person/name that is named on your Notice of Judgment...name on your Claim N1.

[needadvice1]

if you have successfully sued and be awarded an amount from Mr A's Company LTD then it is only Mr A's Company LTD that has been ordered to pay, you could only ask bailiffs to act upon Mr A's Company LTD I don't think you could further sue Mr A as the matter has already be dealt with

 

But if he is fraudulently trading as a Ltd co and pocketing the money personally, surely there is a case for seeing him personally?

 

You can only collect from the person/name that is named on your Notice of Judgment...name on your Claim N1.

 

Sure but if I sue him personally due to him dishonestly/fraudulently trading as a Ltd co while being a sole trader?

[liverpoolluke]

if you have already had a court hearing against Mr A's Company LTD then that's the only paperwork you can act upon, Mr A's Company LTD

[needadvice1]

Yes I understand that

but what I'm saying IF it becomes obvious that I will not get anywhere because the Ltd co is just a front and that he is actually a sole trader,

then surely I can sue him personally for the same things and then be able to recover funds from him personally?

[liverpoolluke]

it has been agreed by a judge that Mr A's Company LTD is liable for the debt,

you can not now decided well Mr A is to blame for it,

 

 

you have told the judge Mr A's Company LTD did the work and he's agreed,

therefore you can only claim the amount of money from Mr A's Company LTD and no-one else,

regardless IF you think he's a sole trader,

 

 

2 people (company's or individuals ) can not be held liable for the same debt,

unless 2 people enter in the the contract at the same time

(and therefore both people would be on the court paper's)