LORD ROOFING AND GROUNDS WORKS LTD Refusing to Repair Poorly Laid Driveway and Using Intimidation to Enforce Payment

[Chipsticks]

The CCJ and enforcement is done via physical mail.

 

Once I made the application online it said I would receive post and further instructions/information.

 

I'm still waiting for that to arrive. I'll update as soon as that occurs

 

Have a nice weekend. Thanks!

[dx100uk]

via the high court i hope?

 

dx

[BankFodder]

Yes can you please let us know what you have done here.

[Chipsticks]

This is the stage where I'm at. There was no option for high court

 

I'm waiting for the paperwork

 

Dear xxxxxxx, Claim number: xxxxxxxxxx You requested a County Court Judgment (CCJ) against Lord Roofing and Groundworks Ltd. When we’ve processed your request we’ll post a copy of the judgment to you and to Lord Roofing and Groundworks Ltd.

Edited October 24, 2021 by Chipsticks

[BankFodder]

Okay. This is not enforcement. This is simply the judgement.

I think we were all worried that you were going to simply instruct county court bailiffs which would be a big mistake.

You must have the judgement transferred up to the High Court for enforcement for High Court enforcement officers.

It costs you about £70 for the transfer up fee and this will be reimbursed by the defendants. All fees enforcement will be borne by the defendants.

You need to find a High Court enforcement website – they are all private companies – and have a look at the transfer up services that they offer.

One thing to make sure is that in the event of a failure of enforcement, that you will not have to pay any fee. This is the normal nowadays – but you should doublecheck it.

Have a look at this list of High Court Enforcement Officers

 

Find a Member

WWW.HCEOA.ORG.UK

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Do you need advice on recovering a debt? Instruct a High Court Enforcement Officer with High Court Enforcement Officer Association.

 

Check their websites carefully and if necessary phone them and discuss and the most important thing is that if there is a failure of enforcement, you will not pay the fee.

Start doing the research on this. It's very fast and this is the only very effective way of enforcement.

 

We are not making any recommendations or referrals here. We don't know any of these people and we don't get any commissions or anything.

[Chipsticks]

Thank you for the advice BankFodder.

 

The nearest High Court Enforcers are in Middlesbrough

 

Albert Chambers incorporating Storey & Fellows Sheriff's Officers and Liddles Detective Agency

WWW.ALBERTCHAMBERS.CO.UK

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Welcome to the website of Albert Chambers, incorporating Storey & Fellows Sheriff's Officers and Liddles Detective Agency. Providing services for...

 

I'm emailing them now to find out their fees etc.

 

I'll keep you updated

 

Thanks

 

I've found another company called Highcourtsolutions. There are not many in the North East area.

 

I dont quite understand the way the fees work. Will this be a high court writ?

[dx100uk]

the fee is £66 to transfer up to high court

just contact them, they will do it all for you

simply state you wish to enforce a CCJ judgement you have

the only remit is the CCJ must be for greater than £600

 

dx

 

[Chipsticks]

Thanks DX. Would you mind explaining why anyone would not transfer a debt to the High Court? If it is much better to do so, why would anyone use the lower court?

[BankFodder]

Read this thread 

 

To understand why you should not use county court bailiffs whenever possible but you should transfer up.

This is a story of somebody who we are helping and who was in an excellent position and then they decided to go it alone and instruct bailiffs instead of the sheriffs.

Enjoy.

Edited October 24, 2021 by BankFodder
Sorry, I've referred to the wrong thread

[Intrepid]

On 14/09/2021 at 09:22, BankFodder said:

Well done.

Instruct county court bailiffs as soon as you possibly can – then standby for the fun!

 

4 hours ago, BankFodder said:

To understand why you should not use county court bailiffs whenever possible but you should transfer up.

This is a story of somebody who we are helping and who was in an excellent position and then they decided to go it alone and instruct bailiffs instead of the sheriffs.

Which is it?

[BankFodder]

Sorry, in that case I have referred to the wrong thread.

[BankFodder]

Any update on this?

[Chipsticks]

I'm still waiting for the paperwork from the court. They sent me this email yesterday

 

"

Dear xxxx, Claim number: xxxxx   This email explains what you can do if you received a letter confirming a County Court Judgment (CCJ) was issued against Lord Roofing and Groundworks Ltd.   Find out the actions you can take to get the money after a CCJ has been issued: https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment   If you did not get a letter, your request is still pending and a letter will arrive soon.   Remember – you’re not guaranteed to get paid just because the defendant has a CCJ."

[Chipsticks]

Further Update

 

I've received both the judgement for the statutory demand and also the claim for the rear patio. It is the court issued paperwork which states if the defendant does not pay their credit rating etc. will be affected due to a default county court judgement.

 

I'm in the process of instructing high court bailiffs.

 

I've also received an email from the court stating the information below. They have used excuses that they were ill etc. in previous correspondence, so I'm wondering if they're going to contest this on that basis again

 

"Claim number: xxxxxxxx

Lord Roofing and Groundworks Ltd has changed or removed some contact details.

Sign in to your account to see their current details:"

 

 

[BankFodder]

Thank you.

Well for the moment don't be diverted. Keep on instructing High Court enforcement officers. You should be able to complete that tomorrow I would have thought.

I think we had better start planning your claim in respect of the other patio.

Maybe you can just summarise once again what it is and what it's worth.

[BankFodder]

I suppose that you had also better check their change of contact details. Have you checked that they haven't changed their name or phoenixed themselves in some way?

[Chipsticks]

They have added an email address to the online claim. Why they would do this post judgement seems odd..

 

They have been very sneaky and dishonest up to this point, so I immediately thought this was something suspicion when I received

[BankFodder]

I have no idea why they put it. I'm sure you're right that there is a reason – but you should simply proceed. If you notice changes that make sure that you have the changes logged so that you can show how they have developed historically.

Let's start going for the second patio claim

[Chipsticks]

I already made a template and Ill start drafting the particulars again. I should be able to get this sent off tomorrow as most of the work I can copy and paste from the previous one.

 

I'll keep the thread updated

 

Thank you

[BankFodder]

I hope you aren't seriously saying that you intend to file your particulars of claim straightaway?!!

This next claim needs careful preparation – in exactly the same way that we tried to prepare the previous one. We have to know the value of the claim, make sure that we've got everything together.
Then we have to send a letter of claim which I suggest that you draft and post here before it is sent off.

From what you posted above, I understand that you think that you're going to prepare a particulars of claim and father claim straightaway.

I do hope not

[Chipsticks]

Hello Bankfodder,

 

Apologies for the delay

 

I've arranged for the High Court Bailiffs to enforce the debt. That should begin Monday (Tomorrow)

 

I was going to use the same wording etc. for the front patio (larger claim) as the circumstances are totally the same. What is it that would need to be discussed? I uploaded a redacted version of my previous claim in an earlier post. I'm happy to follow your directions. I've not submitted anything as of yet

 

Do you just want the total value of the claim? The quote I received for rectifying the front drive (largest work undertaken) was £12500. I was going to make the claim for £10,000 to ensure it remains within the small claim track

[BankFodder]

I hadn't understood that even just part of the claim – the front patio was more than the small claims limit.

I had understood that the two came together were more than the small claims limit and this is why we were dividing them into two.

Of course there is nothing stopping you going off on your own – but I think it's much better that we do things together carefully. It's always worth doublechecking especially when we get to this kind of value.
Also there is something rather strange about their lack of reaction.

I think it will probably be worth seeing what happens when the enforcement occurs – or at least there is an attempted enforcement.

Have you checked their limited liability status?

Maybe you could go through the figures of this second claim please.

What is the contract price?
How much deposit did you pay towards this?
What is the cost of remedying the defects?

[Chipsticks]

Work 2 Front Drive total £7,888.00. Deposit Paid - £1,577.60

Total cost to rectify and remedy £12500

Liability status: Private Limited Company

https://find-and-update.company-information.service.gov.uk/company/11437122

Let me know what you recommend I do next

Thanks

[BankFodder]

But it seems to me that there is a non sequitur here.

What I understand here is that £12,500 puts you in a position where you have a front patio in the condition that you expected it to be after the work had it been successfully completed by Lords.
You would anyway have expected to be out of pocket by £7888 for the work.

But you haven't paid for the work. Therefore if you sue for £12,500 you are effectively getting your front patio for nothing.

You can only sue for £12,500 - £7888 + £1577.60 p = £6189 give or take a few pence.

You can't include the £7888 in your claim if you haven't paid it to them.

 

Comment please
 

[Chipsticks]

Sorry for the delay

 

Latest update for the high court enforcement company

 

"We can advise that the application for the Writ has been sent to the Court, and we will notify you as soon as we are in receipt of the sealed documents."

 

The quotes I have received are to rectify all the issues that are outstanding. I don't understand what you mean in the previous post. Why can't I sue for more than the cost of the initial work.

 

Should I not be entitled to claim the full amount (£12,500) minus the materials they have supplied, minus their labour charges.

 

You're more experienced in this than me, so I'll defer to you. For the previous claim, I claimed for the full cost of the remedial work, minus the deposit. I would imagine if I am indeed incorrect, had it gone to a hearing the judge would have realised this.