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Won judgement against car dealer

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Hi, first post here, please forgive me for it might be a long one - I've summarised at the end if you want to skip to the questions.

 

I recently won a small claims case against a car dealer a few weeks back, however, I feel that they have no intention of paying and I have a number of questions.

 

The judge gave a deadline for payment of next week but no paperwork has been received yet. I tried calling the courts today but it was late in the day and nobody answered, I'll try again tomorrow, hopefully they're not shut due to the weather.

 

With that in mind, if the payment deadline day comes and goes, I'll ask for the judgement to be enforced. The problem here is that the dealer could say that they have not received the paperwork (despite being given the deadline on the hearing day) and ask for it to be set aside.

 

I understand that time is of the essence in legal matters so I'm unsure whether I should wait for the paper work to come through? Then I'll ensure I forward it on to the various addresses I have as this'll give me evidence that the dealer has received it. Or should I apply for the judgement to be enforced regardless and get the HCEO on the case?

 

I ask this because I know they have no intention of paying and I foresee that they plan to mess me around and I want to try to stay ahead of the game.

 

Even then the above timing issue is resolved I think I'll have to get a HCEO on the case but I have a feeling the dealer has been through this process before so will undoubtedly make it such that there is nothing for them to take.

 

So, my next question is regarding the best possible route to getting my money back. I'm aware that there are a number of possible options:

 

1)HCEO (Shall be the first port of call)

2)Freeze bank assets (unclear on this one as I see them swindling out of this by changing accounts, using joint accounts etc)

3)Order for information (I think he'll lie, and the same goes for attachment of earnings)

 

4)Charging order - this is the one I quite like the sound of, however, I'm unclear about what happens when this is applied in the case of a car that has to go back to the dealer. Should the person not sell their house for the next X years, what happens to the car? Will it just need to sit around? I can't imagine there is any other option and this is what I'd like advice on please.

 

To summarise:

 

1) Should I wait for the court paperwork to come through before enforcing the judgement?

2) Is a charging order on property suitable when there is a two way transaction required - if the property isn't sold the car will have to sit around.

 

 

Many thanks.

Edited by Zeed34
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don't worry about paperwork exchange etc.

as soon as the date falls goto the HCEO

they'll know what to do and sort it for you.


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Perfect, thank you.

 

Am I correct in saying that the HCEO should only charge me a small amount if they are unsuccessful?

Edited by dx100uk
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£60 I think regardless


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For reference - the industry standard is apparently £75 +VAT, unsure if this is per visit or a total charge, I'll clarify next week.

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ta been out of touch with fees for awhile


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OK so you have won Judgment, was it by Default because the other side did not turn up or submit a defence? Are you sure you have made a claim against the right entity - are they sole trader, partnership or ltd co?

 

If wanting to go the HCEO route then remember biggest is not always best. A good place to look for info is https://thesheriffsoffice.com/faqs

 

Above all bear in mind that just because you have Judgment is no guarantee you will get paid. Possibly car dealerships are the slippiest of the lot particularly when it comes to Phoenix companies.


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Please could you clarify - are you suggesting that it's possible for an HCEO to waive the £75+VAT charge?

 

OK so you have won Judgment, was it by Default because the other side did not turn up or submit a defence? Are you sure you have made a claim against the right entity - are they sole trader, partnership or ltd co?

 

If wanting to go the HCEO route then remember biggest is not always best. A good place to look for info is https://thesheriffsoffice.com/faqs

 

Above all bear in mind that just because you have Judgment is no guarantee you will get paid. Possibly car dealerships are the slippiest of the lot particularly when it comes to Phoenix companies.

 

The other side did turn up and defend themselves.

 

Regarding the entity, at first the claim was against what I thought was the company but it turned out to be a trading name (there was no reference to it being a trading name on the invoice) so I submitted a change to the court and it is now against the owner personally.

 

I don't have any post-judgment letters yet and the MCOL site has not changed for many months.

 

I've been looking into the various options and it appears that if the HCEO is unsuccessful then it doesn't appear as though I'll get my money back.

 

To be honest it was worth the court fees and hassle just to prove that I am in the right.

My case was watertight and it was great to see their BS being shown for what it was!

 

Thank you for the advice.

 

I'm also in debate with some advisors who suggest that I should be the one contacting the dealer, post-hearing, to request my money back.

 

I believe the onus is on the dealer because the judgment has been made against them, therefore it's in their interest to pay, because things will only escalate if they don't.

 

As previously mentioned I think this is a bit of a moot point because the dealer has no intention of paying.

 

Another request for guidance please

- is a CCJ going to cause this guy much pain if it's against him personally?

 

He doesn't seem like he's struggling for cash so I doubt he's going to be worried about loans etc.

 

It also appears that personal CCJs don't really impact company directorship much?

Edited by dx100uk
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the CCJ against him in person will certainly cause more damage then again any company name.


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