Builder has stopped paying agreed CCJ

[mm2]

Hi All 

 

Just to update you all, its been a few weeks.. 

Some typing errors came to light on the CCJ which needed correction but the Writ was finally  issued. 

A notice of enforcement was issued to the builder 4 weeks ago. He responded by making excuses to explain why "a few payments" were missed and wanting to reinstate a payment plan.

 

Last week SO HCEO made an attendance at the address but no one was available and they couldn't gain access. However they left a card, and the builder has rang them to say he is willing to enter into a payment plan arrangement, and has made a small initial down payment. 

 

I can not understand why SO is even having this conversation with him since he has already demonstrated he does not stick with agreed arrangements. I don't want to continue dealing with his shenanigans, which is why I approached them in the first place. 

 

I have explained to the SO that i do not want to go down this line of another payment plan but what if they accept the builders proposal, who ends up paying their fees?  As each week goes by their fees keep on accumulating. 

 

And are they right to accept whatever arrangement he is suggesting?

 

MM2

[ploddertom]

In case of an arrangement they should be asking you if you will accept what is offered. They should also be securing the debt by Taking Control of Goods so should they default they can then remove & sell them to satisfy what is owing - the value of the goods should be worth at least 5x what they owe.

 

In case of instalments there is no added costs to yourself. Instead payments are made on say a 65/35 split which is you receiving the greater share and the rest going towards fees. Obviously this extends the number of payments that have to be made.

 

Personally if it were me I would be looking for a minimum payment of £100 per month and preferably £250.

[Will Goodfellow]

On 08/04/2019 at 20:53, mm2 said:

And are they right to accept whatever arrangement he is suggesting?

They don't have a lot of choice but to accept what he offers if they cannot take control of goods. The builder can keep his door locked to keep the bailiffs out as they have no right to force entry.

If his vehicle cannot be seized for whatever reason, they can't do much else.

Edited April 12, 2019 by Will Goodfellow

[mm2]

Hello All

 

Update - the HCEO have been round to the builders new home. He has, as I expected, pleaded poverty and says he is unable to pay the debt. He has offered to pay £100 per month, (£65 to me ).

The HCEO has decided there is no sufficient goods to take from his house and so this offer appears to be a
fait accompli.  If I don't accept the offer then they will "deem the file as abortive and would advise I seek further Legal advice for same". 

 

It seems I have no choice but to accept his offer. If he defaults again, we will forever be chasing him. It doesn't sound right

 

M