query

victor1

Short story is, owed money from garage from a car i bought, went through entire small claims proc, then on to the sheriff, he has contacted me and said he holds little chance of getting cash from dealer(something about not knowing which cars he can seize ect due to finance), if the sherriff cannot get me what the small claims has decreed, is there any other avenue open to me. I would have thought itd be easy enought to determine which cars he can seize if he does not get tht dealer to pay up, its a fairly small sum 1100e

victor1

any info????

Our man in Havana

Is the dealer a Limited company or a private person?

Depending on which it is will direct your next move. All is not lost.

victor1

a co, registered with cro.

Our man in Havana

You can petition the high court to wind up the company. That may be seen as excessive but the threat of doing so may spur them into action.

You would be best to register the judgement. That would cause them difficulties.

The threat of those actions might be enough to make them play ball.

Have a read of this.

victor1

hi,
thanks for that. As the sum was relatively low i went through the small claims proc. With regard your last post, i guess i'd have to engage a solicitor to proceed further?

Our man in Havana

You will have to get a solicitor now as the next steps can be quite complex. It is not strictly nessasary to get a one but worth it imho.
You will get your costs back from now on with the enforcement procedures.

Did the garage defend the action at all in the small claims?

victor1

nope, they not even reply to them, then the order was made in my favour

Our man in Havana

Give Crosskerrys a call and see if they can do anything for you. They will get you your costs back as well.

victor1

Will do, thanks for your help, Only thing i'd be concerned about is if these guys fold during whatever lenght of time it takes?, i would guess in that event i'd get caught with the costs then?

Our man in Havana

No.

When you solicitor makes any demand on them, it will include the costs to date.

victor1

hi,
thanks again for the info. Will i have to contact the sheriff again for details as to why they cant get me the cash(something in writing from themselves), i.e some info that proves the S claims, and sheriff routes were pursued and failed?

Our man in Havana

Who asked for that?

I have found that the sheriff is the most ineffective way to try to collect money.

victor1

noone, but i wanted in wtriting why the sheriff did not get the cash, anyhoow i mailed crosskerrys and got a reply saying " unable to help in this matter", just gave them the gist of went through small claims, then sheriff ect ect

Our man in Havana

Too small for them.

victor1

would appear so, just frustrating, the entire process; small claims to sheriff has been ongoing from august last year to present, and to then be told they cant enact on the small claims decree is disheartening to say the least, All hail the system?

Our man in Havana

If it makes you feel any better, the sheriff often fails to collect on decrees for tens of thousands. As I said the sheriff is often the least effective way to collect.

Have you tried asking a local solicitor for advice? Usually a strongly worded letter threatening winding up will do the trick.

Robbo

Bond-007 wrote: »

Have you tried asking a local solicitor for advice? Usually a strongly worded letter threatening winding up will do the trick.

Agreed. Nothing motivates payment more that 7 days notice of a winding up petition.

victor1

Hi,
Cheers for advice. I'll ring sheriff once more and then get on to a solicitor,thanks again

victor1

Hi,
Latest from sheriff was getting back decree for me VS barclay motors. It was stamped no Goods, which means there was no goods from their perspective they would confiscate. This is a laugh as these guys are still trading with excess of 100+ cars. I've no idea what to do next, i dont want to incur more costs. Are there any other avenues open to me that wont cost me?

Our man in Havana

Winding up petition is the only way to go now.

victor1

Cheers, i've an appt with solic this evening,