Jump to content

 

BankFodder BankFodder


abedegno

Small Claims Court Action against builder

style="text-align:center;"> Please note that this topic has not had any new posts for the last 724 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I wonder if HCEOs would just go ahead and enforce in these circumstances. It is worth asking.

 

You are right that the director may have personal liability in these circumstances, http://www.legislation.gov.uk/ukpga/1986/45/section/217. You would have to bring a new claim against the director personally to enforce that though.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

HCEOs can't help, they can only enforce against the name on the writ.

 

I am a little bit hazy here, there's conflicting information from various forums/blogs on the internet but section 216:

http://www.legislation.gov.uk/ukpga/1986/45/section/216

says:

"This section applies to a person where a company (“the liquidating company”) has gone into insolvent liquidation on or after the appointed day and he was a director or shadow director of the company at any time in the period of 12 months ending with the day before it went into liquidation."

 

But a company being struck off isn't the same as insolvent liquidation?

 

Also, if I read 217 correctly I think personal liability is for the new company and not the old?

 

 

Thanks

 

Abe

Share this post


Link to post
Share on other sites

I took a punt and issued a new court claim against the builder personally and he again ignored it, I've been able to request another default judgement.

 

My next thoughts are to enforcement, which I hope won't be so difficult as I have a CCJ against a person and not a Ltd company:

- He has property, solely owned and in positive equity

- I'm considering cutting to the chase and requesting a charging order

- I know he banks with Santander - so attempt a TPDO, but against the bank

- Transfer to the HCEO again, although I was unimpressed by TSO when they were sent in previously, they may have greater leverage to obtain payment when they can seize personal assets.

 

My only worry is he doesn't have vehicles they can seize as they are on finance,

but there should be personals assets including a lot of Apple iGear.

 

- Or maybe a combination of the above?

 

Thanks

 

Abe

Share this post


Link to post
Share on other sites

I would probably go for the TPDO or the bailiff route before the charging order route. A charging order is a nice option to have in your back pocket, but it could be decades before the house is sold and you probably wouldn't be paid until then!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Aaaaaaand, a result.

 

The HCEO sent an Notice of Enforcement, before Xmas and he called back this week to pay in full. Foolishly he was late, so had to pay the Stage 1 charges also. 14 days wait and I'll get my money back!

Share this post


Link to post
Share on other sites

Well done, Abednego. 😃 And thank you for coming back to tell us.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

Sounding good but let us know when you're finally paid .................

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Fully paid, despite DCBL getting my account details wrong, I guess it's all over!

Share this post


Link to post
Share on other sites

Excellent Result !! Really pleased for the way this has ended for you :-)

 

If you can assist CAG with a Donation, it'll help us be here for others when they need us.

 

Thanks in anticipations :-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...