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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I bought a dodgy car from a car dealer in Manchester and after

Customer Question

I bought a dodgy car from a car dealer in Manchester and after sending numerous letters I took it to small claims in January and judgement was granted in my favour. The guy I bought it from ignored the judgement and I had to involve bailiffs. They went to the premises and wrote to me to say that the business had closed and there was no forwarding address or information about a new address.
I have done some homework on this and have managed to get a home address and mobile number for this guy and have since discovered that I'm in a long line of people who he owes money to for selling dodgy cars.
I need some advice ASAP as Im afraid of him moving home and losing the lead that I have on his whereabouts.
It wasnt a limited company and I paid for the car by Bank Transfer to his account. The total amount including court costs and bailiffs is just short of £1500. Not an obsene amount of money but a large amount for someone like me.
If anyone can help I would be very grateful. Thanks in advance
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

Hi Jo, I would like to know the best way to go about getting my money back as I never received anything from this individual.

Expert:  Jo C. replied 3 years ago.
I presume that your CCJ is against the individual not the limited company?
Customer: replied 3 years ago.

Hi. The CCJ is against the trading company name but its not a limited company. The company was called Trader Car Sales and they were not a limited company.

Trader Car Sales has now ceased trading but I know that the individual that I paid for my car is still trading under a different name.

Expert:  Jo C. replied 3 years ago.
You can enforce the judgement in all the usual ways provided you have an address.

They are:

An attachment of earnings order although that is no good if he is self-employed

A 3rd party debtor order if you think that he has money in his bank account where the order would instruct them to pay the money directly to you but he must have enough money in the bank to cover the whole debt on the day the order is presented.

A legal charge against the house which would only give you the money if every comes to sell or remortgage provided he owns a house

A statutory demand with a view to petitioning for his bankruptcy but the court fee alone for that is just under £800 and it would appear that you are going to be in a queue with a lot of other creditors so you may not actually get your money back.

Sending bailiffs round with a warrant to levy distress against his goods.

All you need to do is instruct a tracing agent if ever he moves house again and simply keep giving the new address to the bailiffs
Customer: replied 3 years ago.


Just have one query about this if you dont mind.

I dont have a full name for this guy, only a first name so how can I prove he traded under his original trading name? Thanks

Expert:  Jo C. replied 3 years ago.
I think the only remedy you have therefore is to get a private investigator to find out although the VAT office should have his name although they may be reluctant to let you have it viewing it as breach of the data protection act.

There is no easy way to find his name out other than carrying out the usual investigations