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CCJs and how to enforce them...

jonnycatbiscuit

By jonnycatbiscuit
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jonnycatbiscuit Experienced

jonnycatbiscuit

Posted
Posted

Okay, I've kind of reached the end of my tether...

About 18 months ago I had a problem with a certain tuning company, and to cut a long story short, took them to small claims court.

I won (well they refused to acknowledge the summons and never turned up, so I won by default, but I won nonetheless) and they were ordered to pay.

They didn't. (Not surprisingly)

So I did things the right way; applied for a "warrant of execution" for the bailiffs to go in and get my money for me.

Result - they claim they moved to another address so I had to pay another warrant fee

Result - they spoke to the bailiff and fobbed them off with some "i know nothing about this" type story...

Eventually, the bailiffs went round to the address to seize stuff and lo and behold the name above the door had changed; the "new owners" said they didn't know the company.

So the bailiffs spoke to the guy again and he said "I only use this garage for a few jobs, they let me use it as a favour - I'm now a mobile business"

What can I do now? (LEGALLY) - I'm not giving up because this a hole owes me close to £1k now with costs and bailiffs etc. But what can I do? I live in Southampton, and the company is in Bradford??

Someone must know what I can do... Grrrr

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Hannibal Proficient

Hannibal

Posted
Posted

I understand that you can apply to have bank accounts frozen or the compnay wound up although I wouldn't know how to begin with these.

The first would probably make life difficult for them and get you noticed, the second, more extreme wouldn't guarantee getting you your cash unless there we sufficient proceeds if the buisness was wound up.

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lfc958 Experienced

lfc958

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Posted (edited)

That Link above is very useful.

I would also be tempted to see how the Police can get involved as this is probably no longer just a civil matter now hes doing a runner.

Edited by lfc958
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gadgetman Grand Master

gadgetman

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Can you possibly sell the debt to the bailiffs for a percentage?

Who was the CCJ against,was it the company (Ltd) or was it the person?

If the company still exists, even after a name change, then the courts should be able to sort by changing the name on the CCJ and possibly a charge of perverting the course of justice.

If a LTD company, trace the director of the old and new companies. Get a court order for the sale/transfer of the firm.

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jonnycatbiscuit Experienced

jonnycatbiscuit

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It's not a limited company, its not listed at Companies House, and according to the website, is still at the address at which the warrant was served.

I know the name of the owner of the company, but I don't know his home address. I could have the warrant changed to be against him personally by paying in full for it again; but to do that I'd need to be sure of his home address.

Police will not get involved (believe me, I know that for a fact - not that I have tried); and HMCourts website is f******** useless - all they say is "contact a solicitor for advice"

I even tried CAB, who were sympathetic but also said "speak to a solicitor"

If it wasn't so flipping far away I'd pay a visit and do some surveillance with a camera to prove he was working from the garage on a permanent basis.

Arrrrrrrggggggggggggghhhhhhhh!!!

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Hannibal Proficient

Hannibal

Posted
Posted

It's not a limited company, its not listed at Companies House, and according to the website, is still at the address at which the warrant was served.

I know the name of the owner of the company, but I don't know his home address. I could have the warrant changed to be against him personally by paying in full for it again; but to do that I'd need to be sure of his home address.

Police will not get involved (believe me, I know that for a fact - not that I have tried); and HMCourts website is f******** useless - all they say is "contact a solicitor for advice"

I even tried CAB, who were sympathetic but also said "speak to a solicitor"

If it wasn't so flipping far away I'd pay a visit and do some surveillance with a camera to prove he was working from the garage on a permanent basis.

Arrrrrrrggggggggggggghhhhhhhh!!!

If the company is limited, and the owner is also a director the home address for him can be found via companies house for the sum of £2

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cookdn Collaborator

cookdn

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If the company is limited, and the owner is also a director the home address for him can be found via companies house for the sum of £2

It's not a limited company, its not listed at Companies House, and according to the website [....]

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gadgetman Grand Master

gadgetman

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It's not a limited company, its not listed at Companies House, and according to the website, is still at the address at which the warrant was served.

I know the name of the owner of the company, but I don't know his home address. I could have the warrant changed to be against him personally by paying in full for it again; but to do that I'd need to be sure of his home address.

Police will not get involved (believe me, I know that for a fact - not that I have tried); and HMCourts website is f******** useless - all they say is "contact a solicitor for advice"

I even tried CAB, who were sympathetic but also said "speak to a solicitor"

If it wasn't so flipping far away I'd pay a visit and do some surveillance with a camera to prove he was working from the garage on a permanent basis.

Arrrrrrrggggggggggggghhhhhhhh!!!

If you have proof the address is the same and the company is still trading, then any decent bailiff wouldnt leave until they either had proof the company is sold/no longer existing, details of prev owner, or goods to the value of the debt.

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jonnycatbiscuit Experienced

jonnycatbiscuit

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If you have proof the address is the same and the company is still trading, then any decent bailiff wouldnt leave until they either had proof the company is sold/no longer existing, details of prev owner, or goods to the value of the debt.

is there such a thing? The impression I got from speaking to the bailiff assigned to my case was that she was scared of the bloke....

What I need is a Bradford member with a camera, and a desire to conduct a bit of "espionage" 007 stylee... B)

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GentleGiant Experienced

GentleGiant

Posted
Posted

If you can trace his home address and he owns it, you can apply to have the charge laid against the property. (Or tell him you are going to if he doesnt pay up).

My family did this to some builders who kept wiggling out of paying a £30,000 judgement; they couldnt sell their houses without us getting a slice of the proceeds.

It took nearly 20 years but we finally got £78,000 (including interest and after legal costs); in total it cost them over £100,000.

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