Using bailiffs

[kaitaz]

I've been conned out of £1050 by an unscrupulous builder. He originally offered to pay me £50 a month, which I accepted. However, he defaulted on the first payment and refused to reply to my messages. I had to pay money to a tracing agency to find his address and started a small claim on him. He ignored the papers sent by the court and as a result, I have 'won' the case. This doesn't help me get my money back though. I have been advised my next steps are either to pay £39 to force him to prove his income but I must be able to hand him the paperwork {and prove I've handed it to him) and pay for his travel costs to the court. Or I can pay £119 to send in the bailiffs. The fact that he will be given 7 days' notice of their arrival gives him the chance to hide/remove all goods before they arrive. This seems very unfair to me. I just want my money back.

[zeke]

I find that applying for an interim charging order (ICA) usually delivers up the money.

If the defendant is a company, then you need to show the court that the director of the company has acted dishonestly or defrauded you (as a creditor of his company) in some way. Then you can recover the money from the director by applying for an ICA on his property.

If you instruct bailiffs, you will need to apply for a writ of control on a court Form N293a.

The bailiff company will want high fees up front, creating no motive for the bailiff to do the work and collect, or take control of goods.

Complete a form N379 and apply for a charging order.