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Recovering money after getting a small claims court awarded ?????

(14 Posts)
RandomMess Tue 23-Aug-11 08:48:42

I am about to take a conservatory company to small claims court for £2.5k as they cannot build it in the way the said the would in the contract we signed. They are refusing to give us the refundable deposit back hmm so far we've had one bounced cheque for some of the money.

If I take them to small claims court, win and they still don't pay up what can I do to recover the money? Is it going to be worth it? Can I sell the debt on to get at least some of the money back?

I am angry but have a feeling even winning at the small claims court may not get me my money back sad

Collaborate Tue 23-Aug-11 09:06:05

Look at the contract and see who you contracted with. Was it a sole trader, a partnership, or a limited company? You can only sue the legal entity you contracted with, although you can also sue on a dishonoured cheque, and for that you'll sue whoever's account it was drawn on.

Can't imagine anyone wanting to take the debt on. Don't waste your time looking into that.

babybarrister Tue 23-Aug-11 10:51:58

Message withdrawn at poster's request.

RandomMess Tue 23-Aug-11 11:13:32

Hmmmm I looked up their trading name and it says dissovled at companies house but I don't have the paperwork with me to check that is the proper trading name, but they sell double glazing under a different name etc sad not looking good is it. Their proper trading name could be something slightly different IYSWIM

Thorough research required before I fork out the fee I think.

babybarrister Tue 23-Aug-11 11:19:33

Message withdrawn at poster's request.

RandomMess Tue 23-Aug-11 11:26:04

Oh so the sales guy smile it's all his b*stard fault for saying they could do x y z when they couldn't angry

will have a good dig around tomorrow and if all else fails I will name and shame smile

wheresmywaist Tue 23-Aug-11 11:33:07

We went through small claims to get money owed when we worked leafleting for a blind company, the bailiffs were brilliant - we spoke to them and they said they go to the premises (which were shut down) and look for their van or anything they could take to get our money back. We got our money, it wasn't much but we bloody earnt it!! Good luck smile

RandomMess Tue 23-Aug-11 11:42:08

So which bailiffs did you use? I really think this company is going to be evasive and difficult even though they are still trading etc

RandomMess Tue 23-Aug-11 17:22:19

I gave the company the deadline of a full refund tomorrow or I would go via small claims court. They rang me this afternoon and asked for my bank details to pay by transfer shock Will not believe it until it's sat in my account though!

sneezecakesmum Tue 23-Aug-11 21:14:18

Have only taken an individual to small claims court, and they had to pay with an attachment of earnings, don't think this will work with a company though! It was a very easy process though.

wheresmywaist Thu 25-Aug-11 12:16:32

The court sent there own bailiffs smile - did you get your bank transfer?

RandomMess Thu 25-Aug-11 18:32:11

Wasn't there yesterday didn't check today although a friend told me that if it's over £2k then it takes 5 days rather than instant. Am not going to stress over it for the weekend though!

wheresmywaist Fri 26-Aug-11 19:05:13

Bank hol weekend too! lol - hope it does come through for you smile

fivegomadindorset Fri 26-Aug-11 19:07:42

Good luck, we are just about to claim so this has made interesting reading.

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