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  #1  
Old 06-02-2019, 09:54 AM
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A bit of legal direction required please

In the summer of '17 I gave a builder a 50% deposit of £7000 to replace a shed/garage. By November we had fallen out big time with lack of work and quality that was falling apart before it even got built. We agreed £1000 for the time he spent and he would pay me back as soon as he sold the "materials" Nothing arrived so I took him to small claims, won and was awarded payment at £1000 a month. He missed his first payment so back I went and a bailiff was instructed to obtain the £1000 which they did. By the time I got this 4 more payments had been missed so, as I was now on the £5000 limit I could claim the lot. Which again I won a court order on the 17th August. We are now Feb and after 3 visits by the bailiff, I am being told that that is all they are obliged to do as every visit no one as been there they have made calls but no answer ( I guess he knows the bayliffs cell number). The guy is still trading as I see his adverts!!!! What can I do next, the bailiff or the courts wont give advice and start waffling about process that I frankly cant understand. I cant believe that he can just ignore this.
If someone can point me in the right direction I would appreciate it.
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Old 06-02-2019, 11:36 AM
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I don't have experience of the situation you are in but a quick google seach came up with To view the link you have to Register or Login several years ago. It doesn't look like there are any easy answers but hopefully it will be of some assistance to you.
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Old 06-02-2019, 12:24 PM
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Get some blokes round to kneecap the ****.
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Old 06-02-2019, 12:37 PM
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Did you upgrade to a high court warrant? Those bailiffs won’t take no for an answer.
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Old 06-02-2019, 12:43 PM
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Get a mate to invite him round for theirs for a quote, then the baliffs can clamp his van/car.
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Old 06-02-2019, 12:56 PM
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Is he a sole trader or operating through a limited company?
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Old 06-02-2019, 02:28 PM
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Did you upgrade to a high court warrant? Those bailiffs won’t take no for an answer.
Only know from the TV but that seems to work. Dunno how much it costs tho?
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Old 06-02-2019, 03:29 PM
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Only know from the TV but that seems to work. Dunno how much it costs tho?
Might be three figures but that's nowt when you looking to claim back £5k.
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Old 06-02-2019, 05:05 PM
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Thanks misfit and everyone else. Have exhausted pretty much all that is on the Guardian article. The claim is with the company not the individual but he is a sole trader. The Baliff can’t take his tools or his lorry as he needs them to make a living. How fking mad is that! He won’t pay but you can’t take it away! I guess the high court is the next step but I keep throwing money at this and then find out they can only ask nicely.
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Old 06-02-2019, 05:34 PM
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Are you using Court Bailiffs? You can use non court Bailiffs who tend to be more aggressive and more expensive for the person you are claiming against. Not sure if you can switch from one to another once you have chosen Court appointed.
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Old 06-02-2019, 05:51 PM
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Good point Vendy it’s the court Baliff and she seems very nice. I wonder if I can switch? If so even if it costs me to get this over and a chunk of my money back would be a blessing
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Old 06-02-2019, 07:16 PM
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Good point Vendy it’s the court Baliff and she seems very nice. I wonder if I can switch? If so even if it costs me to get this over and a chunk of my money back would be a blessing
I assume you can you have won the case which is all the Bailiffs need but I guess you will need to call off the Court ones and get their paperwork. I found court bailiff's always done a deal and the first instalment's always paid their fees first and were always low payments or payments tailed off. The times I have used private bailiffs I have tried to pick one close to the debtor who sounded the most confident on the phone.


No legal expert but fairly sure you could have gone after him personally as sole trader, i.e. just used his name and home address then home contents could have been used as leverage.

edited to add I would call a local one and ask them for advice, they are sure to know!
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Old 06-02-2019, 07:20 PM
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Thanks again I’ll certainly look at what I can do. Stresses me out, as I feel impotent, I want a huge bloke to sit on his head until he gives me back what’s owed. He already got a grand for hammering a few bits of wood together then taking it away
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Old 06-02-2019, 07:51 PM
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Thanks again I’ll certainly look at what I can do. Stresses me out, as I feel impotent, I want a huge bloke to sit on his head until he gives me back what’s owed. He already got a grand for hammering a few bits of wood together then taking it away
Again, high court bailiff warrant.

Know a bit about this. They generally work for another firm or local council but they are always, to a man and woman, the best performing bailiffs on the circuit. They are driven by greed and reputation, which is exactly what you want in your situation.
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Old 06-02-2019, 08:27 PM
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Again, high court bailiff warrant.

Know a bit about this. They generally work for another firm or local council but they are always, to a man and woman, the best performing bailiffs on the circuit. They are driven by greed and reputation, which is exactly what you want in your situation.
So how do I move from my local court to a high court? Can I do that online do you know?
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Old 06-02-2019, 10:00 PM
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Old 06-02-2019, 10:03 PM
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Nice guess who I’m calling tomorrow
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Old 06-02-2019, 10:59 PM
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Old 06-02-2019, 11:16 PM
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Get some blokes round to kneecap the ****.
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Old 07-02-2019, 12:24 AM
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Yes. I’ve done all that and are at the final stage of the value making a 3rd visit but no one there and no response from calls. I can try for bankruptcy but that will cost me £100 that I don’t have and there is no certainty I will get it or any other part back. He rents his house and storage. Has a big cargo pick up and some tools.
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