Have default judgement against rogue builder - Should I use bailiff or a debt collector ??

[wonky100]

Been a while seen I've been here.  Last time was "builder" troubles and here I am again.  You'd have thought I'd have learnt!

Paid £6,600 to a "builder" for materials for a garage conversion by bank transfer.  Any work was to be paid for once the work was completed.  No materials arrived and "builder" gave us the runaround.

I contacted my bank and the Police.  My bank contacted the receiving bank who put a hold on "builders" account.  "Builder" delivered £449 of materials, ripped the windows and doors out, laid a few shoddy rows of bricks and took photos of evidence of work and that they intended to do the job at the advices of their bank.  Bank account was unfrozen and we didn't see them again.  The bank account was subsequently cancelled due to not complying with the banks terms and conditions.

Spent so much time talking to the Police but they eventually decided it was a civil matter as they'd done some work and there was no evidence that they wanted to permanently deprive.  Police advised that he advised them that if we sued him and we won, he would pay.

Contacted Trading Standards who didn't want to know.  Said it was a 1 off incident.  However, following my negative feedback on social media, I now know it isn't and I know of others who have since contacted Trading Standards.

Banks didn't want to know and a complaint has been made to the FCA.  My complaint was rejected (I'm in touch with someone who has received 50% back from their bank) and has been appealed (I'd used CEL Solicitors originally who were a waste of time and have appealed with the FCA directly and with additional info).

I also made a complaint against the Police and the complaint has been upheld and the Police need to review the case again, although I suspect they'll just fob me off again.  Not heard from the Police since they agreed to review 4 weeks ago.

In the meantime I issued online small claims court proceedings.  The "builder" contacted us to ask us to drop the case as if we didn't they would file for bankruptcy.  So they clearly received the court papers.  Refused to drop the case but he said he would pay us £200 a month.  WhatsApp messages were exchanged.  He never responded to the claim so judgement was made in our favour by default.  I then applied for a CCJ.

The CCJ has since been returned as "undeliverable".  I'm pretty certain that this would have just been sent normal mail and not signed and would therefore have been pushed through his letterbox.  The same letterbox that the court papers were sent to and which he acknowledged to us he had received.    According to the correspondence received from the courts, the CCJ remains registered with the Registry Trust Ltd, so it could still cause him some issues.  Not sure what he thinks he's gaining by returning the CCJ notification.

He's told us he's no longer working due to disabilities but I've been contacted by someone who paid him money this year and have seen other negative reviews in April and May.  So he's clearly still scamming people.

So my question is, should I appoint a bailiff or a debt collector?  I'm pretty sure he's still in the same house and is just playing games.

Any thoughts / suggestions would be appreciated.

Debt now stands at £7,650.29.

Thanks in advance.

 

 

[honeybee13]

Hi. Sorry to hear this.

Do you know if he can afford to pay any judgement you might get against him? Does he own his own property? Also, is he a sole trader or a limited company please?

HB

[wonky100]

Thanks for the response.

He's not a sole trader, he has a partner (in crime, they're definitely scammers).  Not a limited company.  However, I transferred the money to his private account so the debt is against 1 "builder" (scammer) only.  He doesn't own his own home (I've checked the land registry or whatever it is) but he has a car (not a great one) and I know that he has a caravan (just don't know where it is (yet, although not sure how I'll find out)).  So he has the means to pay site fees.  I also know that he's continuing to scam people out of money.  So he has money coming in, just not legitimately.

I've also been in touch with my MP who said he'd written to Parliament about the issues of scammers but that was last October and he's ignored any further emails.  I've also reported him (not the MP) to HMRC for tax avoidance.

I've contacted Citizens Advice Bureau who seem, online at least, to be happy to offer guidance on how people can avoid paying their debit but are not willing to offer any advice if you're owed money.  That's legal assistance and they don't receive funding for that!

Whilst, I'd like my money back (or some of it), I just want to now cause as much grief as I possibly can and if I can, stop him from ripping other people off.

[AndyOrch]

You have his bank account details as you paid by bank transfer (a method of payment which should make you run for the hills) have you considered or heard of a Third Party Debt Order ?

 

Andy

[dx100uk]

debt collectors are totally powerless none are BAILIFFS.

your best bet is as above by @Andyorch or cross courts to the high court and send in high court enforcement officers (bailiffs) .

dx

[wonky100]

I'll google Third Party Debt Order (never heard of it).   His bank account has been closed down, so I don't have his latest bank account details.

[BankFodder]

Read our used car guide or buying a second-hand car in order to understand what you give up if you pay by cash or bank transfer

[wonky100]

Does not know the debtors current bank account impact third party debt orders?  I'm assuming it would but if you could advise that would be appreciated.  Thanks

 

[AndyOrch]

No you don't need to know the details of the account.

https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order

https://www.whatdotheyknow.com/request/131384/response/322724/attach/html/4/ex325.pdf.html