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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a judgement awarded to me against a car garage. I am

Customer Question

i have a judgement awarded to me against a car garage. I am struggling to get the money. I still have the car at present, can I sell this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is it for please? What steps have you tried?
Customer: replied 2 years ago.

Hi Alex,

The judgement is for £2450 and £275.00 costs. I am in the process of going back to court to get the judgement amended as the owner of the garage has closed it down, applied to have it struck off and opened another garage trading from her home address. Companies house have stopped her striking it off as I have objected to it, she has point blankly refused to pay me and there are a few other people needing money from her i believe.

I was going to attach a copy of the judgement but it wont allow me to. The wording on it is:

IT IS ORDERED THAT
Judgment in favour of the claimant(s) against the defendant (s) in the sum of £2,450.00
The defendant(s) do pay the claimant costs of £,215.00

Regards

Lisa

Expert:  Ash replied 2 years ago.
Is the name of it in a Limited company? Does the company have any assets?
Customer: replied 2 years ago.

Yes it is in limited company name, I believe they are selling the cars (assets) through her new business but I cant prove this. I have copied and pasted the judgement below.

General Form of Judgment or Order In the County Court at
Nuneaton
Claim Number BrQZt066
Date 2I May 2015
(s.
c-
\-t'rn., .,i
MRS LISA HOLLINS 1't claiinailt
Ref YH54KGO
THE HATCHBACK CAR CENTRE LTD ['tDefendant
Ref
Before Deputy District Judge Davies sitting at the County Court at Nuneaton, Warwickshire Justice Centre, Po
Box 3878, Vicarage Street, Nuneaton, CVl1 4WX.
Upon hearing the Claimant in person
IT IS ORDERED THAT
Judgment in favour of the claimant(s) against the defendant (s) in the sum of f2,450.00
The defendant(s) do pay the claimant costs of f,215.00
Dated 11 May 2015
a
Thc

Expert:  Ash replied 2 years ago.
Thanks. Have you sent in bailiffs or an order to obtain information?
Customer: replied 2 years ago.

At present I am waiting to get my wages so I can pay the court £155 to amend the judgement. If that is successful I will then appoint HCEO's at another cost of £60. I have visited her home address from a distance and she is I believe trading illegally as she is running a car sales business from a residential address. When I went there were about 6 - 8 cars on her drive and then she pulled up in a car with trade plates on it.

Expert:  Ash replied 2 years ago.
On what basis are you seeking to amend the judgment? Was your contract with the Limited company?
Customer: replied 2 years ago.

The judgement is against The hatchback car centre ltd. The director is Rachel Roberts who is also the director of another 4 - 5 companies. She has applied to strike off some of them including the hatchback car centre ltd. She applied to strike this one off 6 days before she was due in court. I am applying to amend the judgement to her new address and also to include her name and the new car garage name.

Expert:  Ash replied 2 years ago.
Ok. But on what basis is the claim against her personally rather than the Ltd co?
Customer: replied 2 years ago.

because she was the one i bought the car off, she wouldnt refund me my money when the law was on my side. she knew i was taking her to court along with i understand other people as well. she has tried to strike off the business and has closed the premises she was trading from. I cannot send in baliffs to another address if the comapny doesnt trade from there.

Expert:  Ash replied 2 years ago.
Ok, I understand that. But why did you sue the Limited company and not her personally?
Who did you pay? Ltd co or her?
Customer: replied 2 years ago.

I paid the ltd company and it wasn't until near the court date i found out she had shut the garage and stopped trading. I live an hour and half drive from the garage so not easy to find things out. I didnt sue her as I presumed it had to be the company name i bought the car from. she never even turned up at court.

Expert:  Ash replied 2 years ago.
Indeed. Sadly I can't see how you can pursue the owner personally. You have a Judgment against the Ltd company as that was the one you paid. I dont think a Court is going to allow you to amend the claim to the person personally because there is no contract.
What you need to do is find out whether there are any assets. There must be a bank account or other vehicles owned. In which case a bailiff can seize those. You have a number of choices:
1) Bailiffs (or High Court Enforcement)
2) Freeze bank account
3) Charging order
4) An order to obtain information
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

The baliffs / sherrifs cant enter her home as it is not the address the judgement is against. I presume as she is trying to strike off the company there will be no assets and no money.

My original question that has not been answered is can I sell the car to help reduce the money she owes me?

Expert:  Ash replied 2 years ago.
Can you sell her car? No, the Judgment is against the Company. You can only sell and seize assets of the Company, nothing else.
Does that clarify?
Alex
Customer: replied 2 years ago.

You say "her" car, If I handed it back to the company, surely it is an asset of the company, not hers so I can sell it?

Expert:  Ash replied 2 years ago.
You can't sell it, you must get a court order.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

I have been informed I can sell the car and i have written to the courts. I feel your answer was incorrect and request a full refund of the £37 please.

Regards Lisa

Expert:  Ash replied 2 years ago.
If you have a ccj against the company you can't sell assets belonging to anyone else. That is simply wrong advice.
Alex