You might remember a few months ago I posted about my sister's Daewoo Leganza dying an untimely death due to failure of the big ends less than a month or two and 1000 miles from the time of purchase from the dealer.
Well, we agree to pay for parts if they sourced a replacement engine and fitted it. Unfortunately, nothing happened for weeks and weeks, with the garage fobbing us off with a new excuse every time we got in contact.
Eventually, after much frustration, we filed in the Small Claims Court against them for the full cost of the car and, IIRC (I'm not home much) use of a hire car for an unavoidable trip. To cut a long story short, they didn't respond to the original summons and lost by default. Nor have they appealed.
Since they seem to have ignored everything to do with the case so far, what happens now? The CCJ is issued against the company name, unfortunately, not against the directors.
What happens if they simply decide not to pay? They still have the car, which was abandoned on the road near the dealer (we got a letter from from the council asking us to move it).
Last edited by: Alfa Floor on Thu 2 Sep 10 at 20:38
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If they don't pay, can't you get bailiffs to attend and distrain goods to the value of the claim (or maybe another Leganza - but this time with a decent engine)?. I would be wary that the company is about to fold, and another company reappear with the same directors.
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>> If they don't pay, can't you get bailiffs to attend and distrain goods to the
>> value of the claim
you need to pay them to do this
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>> you need to pay them to do this
>>
Don't the baliffs recover their costs from the other side?
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NO they take a percentage of your money AND costs from the other side.
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The guide to court action www.adviceguide.org.uk/c_going_to_court.pdf seems to suggest that the court can order the bailiffs in to take property and sell it to cover all costs. Subsequent actions can include an attachment of earnings order, if he has an employee, taking an order to prevent his selling his house, recovering the debt from 3rd parties who owe him money, and finally taking action to force him into bankruptcy.
I was in this situation some years ago so things may have changed but, at that time, I won an order, the chap didn't pay, the bailiffs went in and gave him 48 hour's notice of what they would be back to remove (3 piece suite, colour TV etc) and he paid up and I incurred no costs, even for the warning visit. The man finished up with costs which exceeded the amount he owed me!
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Daewoo Leganza - Won in SCC - what next? - Boxsterboy
