Advice re actioning a County Court Judgement

[Mark Hancock]

Has anyone any experience of taking action with a County Court Judgement against a Ltd company?

The situation is I have a judgement against a local plumber. The Court correctly issued it against the Ltd company rather than the individual - both were cited on the claim. I have experience of judgements against 'real' Ltd companies where there are obvious assets but not where the Ltd company status is used by individuals to avoid liability.

Any advice gratefully received.

 

[nicguthrie]

I don't personally have any advice in taking small companies to court, but having survived severe ill health (first mine, then my wife's) taking me to bankruptcy's door and back a few times over the years, I've been thru public vs corporate interest a few times.

I'd suggest the citizens advice bureau known as C.A.B in England or C.A.S in Scotland, or Trading Standards Organisation. Both can give free advice on court matters do do with us Joe Blogs taking on Companies. The service they supply can be exceptional, the hours they open aren't the best if you're trying to hold down a job, but I've had amazing help at times from either, and without charge.

All the best in your claim, one tip is wherever you get advice try to take as much documentation with you as possible - invoices, statements, quotes, correspondence, photos if it's substandard work, reports if you need corroboration that it is actually substandard etc... you can't fight without ammo.

Nic.

 

[RogerS]

..... but not where the Ltd company status is used by individuals to avoid liability.

......

I am afraid that I think you already know the answer, Mark.

There is this http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm666570.htm

or this http://www.consumeractiongroup.co.uk/fo ... ompany-how

Does the Court not have Enforcement Officers?

 

[Mark Hancock]

..... but not where the Ltd company status is used by individuals to avoid liability.

......

I am afraid that I think you already know the answer, Mark.

There is this http://www.hmrc.gov.uk/manuals/dmbmanual/dmbm666570.htm

or this http://www.consumeractiongroup.co.uk/fo ... ompany-how

Does the Court not have Enforcement Officers?

Hi Roger

Thank you for the links. The first one relating to Oral Examination, as it use to be known, I have used in the past against an individual and it proved very effective as at the time there was no where to send the bailiffs. The link shows me how I can use the same remedy again in this case. Thank you =D>

 

[Graham Orm]

Did he work for you as a Ltd company or an individual? If you have documentation at all from him without the Ltd 'label' then he is potentially personally responsible. Otherwise you probably only have the Ltd company to chase, and if it's got no assets, he can close it down tomorrow leaving you high and dry.

 

[deema]

I'm no legal beaver, but have a little experience unfortunately in this area. If your going after a limited company the first thing I would do is go on the companies house WEB site

http://wck2.companieshouse.gov.uk//wcfr ... ompanyInfo

and for the princely sum of £1 pull of their last accounts (takes about 2 minutes). It sounds like it will be a small company, so you will just get a summary balance sheet. However, you will be able to see if they have any tangible assets. If they don't, I would not waste your time and effort.

If they have assets, you can simply go back onto the county court web site and follow the steps for failure to pay. This can take you all the way through to the bailiffs if you want to go that far. As you will have experienced, each step of the CC process adds a little more cost that you will only recover if your successful get paid!

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

[Mark Hancock]

Thank you for the comments so far.

The question of individual or Ltd Company was dealt with fairly by the Judge at the County Court Hearing. Both were cited on the claim and quite rightly the Judge pointed out that it was the Ltd Company at fault. To have awarded the judgement against the individual would have allowed the defence of "I'm just an employee".

The reason I posted was because I'm aware of the way individuals can hide behind a Ltd Company which has no assets. With no assets the remedy of bailiffs is a waste of time. However there are a number of other remedies available to enforce a judgement and Roger's reply reminded me of them so there is light at the end of the tunnel. I just need to do a bit more research. There is no way I am going to let this guy get away with it :wink:

 

[Graham Orm]

Without naming names, can you say what he's done?

 

[RogerS]

Without naming names, can you say what he's done?

Why not name names? After all, there is now a CCJ against the company. That is a matter of public record.

 

[Mark Hancock]

Without naming names, can you say what he's done?

Why not name names? After all, there is now a CCJ against the company. That is a matter of public record.

I've no problem naming names at all. I was just trying to be diplomatic

The individual in question is Leyton Brooking trading as Mr Plumba Plumba Ltd. This is updated web site which came online in the last few days http://www.mrplumbaplumba.com/ If you would like to see him in person you can find him on facebook - isn't modern technology wonderful :lol:

The judgement against him was for poor quality workmanship under the Sale of Good and Services Act 1982 and work not fit for purpose as defined by the Sale of Good Act 1979.

I've been thinking of running a competition showing examples of the work and seeing if viewers can spot the faults - got a number of photos which were submitted with the County Court claim. It would be nice to get it to a wider audience. Any suggestions?

 

[adidat]

yes! post them up!

adidat

 

[Baldhead]

Mark

I have has a lot of very good and free advice from here

http://swarb.co.uk/

Click on 'community' and ask away, I got all the help I needed to successfully sue a lying, fat bas...... Whoops I mean a young lady who owed me a large some of money.

Hope you get sorted.

BH

 

[Richard S]

Oh come on, Mr PlumbaPlumba, and you employed them! Did they answer the phone "Howdy Pardner" and turn up on horse back!

 

[Richard S]

Nice looking website, I would take issue with the electric outlet next to the basin but its only a reprint of a US image not their own work!

 

[RogerS]

Oh come on, Mr PlumbaPlumba, and you employed them! Did they answer the phone "Howdy Pardner" and turn up on horse back!

I see little point in comments such as this.

We all make mistakes from time to time.

 

[Graham Orm]

Without naming names, can you say what he's done?

Why not name names? After all, there is now a CCJ against the company. That is a matter of public record.

I've no problem naming names at all. I was just trying to be diplomatic

The individual in question is Leyton Brooking trading as Mr Plumba Plumba Ltd. This is updated web site which came online in the last few days http://www.mrplumbaplumba.com/ If you would like to see him in person you can find him on facebook - isn't modern technology wonderful :lol:

The judgement against him was for poor quality workmanship under the Sale of Good and Services Act 1982 and work not fit for purpose as defined by the Sale of Good Act 1979.

I've been thinking of running a competition showing examples of the work and seeing if viewers can spot the faults - got a number of photos which were submitted with the County Court claim. It would be nice to get it to a wider audience. Any suggestions?

I am a plumber and would be interested. Anyone who calls themselves Mr Plumbaplumba is someone to be avoided anyway in my opinion.

 

[Mark Hancock]

OK a few images of the towel radiator.

What can you spot?

 

[ColeyS1]

Wow, that looks cack

Sent from my GT-I9300 using Tapatalk 4 Beta

 

[MIGNAL]

Me layman when it comes to Plumbing.
Looks to be positioned a bit high.
Someone nearly burnt the house down.
Bends should be below floor.
It would look nice in Chrome pipes.

 

[Mark Hancock]

Wow, that looks cack

Sent from my GT-I9300 using Tapatalk 4 Beta

I'll give you 1 out of 4 for spotting the crooked uneven pipe work