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Enforcing a Judgement Order


Aaz
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Does anyone know or have any experience of the next steps?

 

Bit of history-

Fitted a new sewage pump for Nightclub in Watford, never paid the bill, went through the money claim online service and eventually won the judgement against them, the company never replied to the courts letters asking them to defend their statement and have now have returned the court order for payment, unopened, marked 'return to sender'.

 

The amount owed is 3k and to be honest I've written it of already as this was back in Feb this year but I do still want to cause as much inconvenience as possible to the them and I'm not bothered if it costs a bit of money to do.

 

I had considered thinking about an order to obtain information but when I started 'googling' whats best it opens up a minefield so I was just wondering if any of you had done something similar

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Are they still in business? I know one of the nightclubs in town closed down recently. I also believe that one of them is owned by a very very dodgy character :no:

He he, the lap dancing club apparently has some very dubious owners , area recently closed down and god knows who owns the ex destiny one now, I thought you just called in the "enforcement officers" for a nominal sum and let them do the business ?

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Did you contract with a limited company? What does your contract / purchase orders / passing correspondence say? Have you had any money e.g. a deposit, if so who or what paid that.

 

If you think it's a limited company look them up here:

 

http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

 

And see if they are still going.

 

Obviously the problem with limited companies is that they are nothing more than a shoe box of papers and cheque books on the floor of an accountant's offices. Emptying out and "banging" a company is very easy. Any nightclub owner will be able to confirm this :lol:

 

If it's a limited company and there's no sign of money / assets / trading then you probably will throw good money after bad and should manage your own expectations accordingly. However, provided you have a legitimate debt and a regular CCJ (i.e. you have issued proceedings against the correct legal entity and have served at a proper address for service [which in the case of a limited company will be it's registered offices at Companies House] and you have waited the correct amount of time before entering Judgment in default) then there is some merit in sending in High Court Sherrifs on a Friday - when the premises will be stocked for the weekend.

 

Most nightclubs looks flash but are run on shoe strings and the stock will almost certainly be "sale or return" and subject to retention of title clauses and such that they cannot be seized by HCEO. That being said, most HCEO will go in there and lift the stock (for max aggravation) and that will force a payment.

 

If the Judgment is against an individual or an unlimited partnership then applying the same rule i.e. making sure your Judgment is entirely proper and regular, just crack on. Someone somewhere will have money or a property. If you have a name and an address run it through the Land Registry for a couple of quid and see who owns what.

 

Welsh1 is your man.

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You can move your order to the high court and get a writ to execute, with the new regs in force they have to now send a letter giving 14 days to pay, a lot surprisingly don't and that's when the officers would go in to seize goods.

As said though are the company trading do they have assets?

 

I used to work for the sheriffs office until ill health forced me to stop, you can Google them and their phone no is in red at the top right of the home screen, they will explain the whole process to you, there are other high Court companies, but I am not just saying the sheriffs office are the best because I worked for them, the statistics show they collect more to the pound than any other high Court office.

 

I am at work at mo but will pm you my tel no if you want to call this evening after 5.30

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Great, the one thats closed!!! But this was only the site address the company detailed on the P/O is still trading according to Companies House.

You can move your order to the high court and get a writ to execute, with the new regs in force they have to now send a letter giving 14 days to pay, a lot surprisingly don't and that's when the officers would go in to seize goods.

As said though are the company trading do they have assets?

 

I used to work for the sheriffs office until ill health forced me to stop, you can Google them and their phone no is in red at the top right of the home screen, they will explain the whole process to you, there are other high Court companies, but I am not just saying the sheriffs office are the best because I worked for them, the statistics show they collect more to the pound than any other high Court office.

 

I am at work at mo but will pm you my tel no if you want to call this evening after 5.30

Thanks Welsh1, pm received. I'll give you a call tomorrow if thats ok?

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Can't you turn the pump onto blow rather than suck?

 

Nightclubs (and owners of) are notorious and often claim the tech gear is all leased and nothing belongs to them..... Generally as they dont pay the bill for the gear and come to a some ridiculous HP agreement which they then don't pay. The guys i work with have been into several to do a "maintenance visit" and swiftly then loaded the whole lot into 2-3 vans and returned it to the office a few times on a monday morning, usually results in owner turning up screaming and shouting then coming back an hour or 2 later with a sack of cash and the guys going back to install it on the tuesday ready for student night etc

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Great, the one thats closed!!! But this was only the site address the company detailed on the P/O is still trading according to Companies House.

 

 

Even if the company claims to be penniless I believe that you can go after the directors these days.

 

Although how much it would cost and what the result would be I've no idea. Does putting the house in your wife's name still work or are all such assets now deemed as joint?

 

 

 

Edited for typo

Edited by Chris Bb
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Do a land registry search on the premises to see if the company or individual owns the property, it costs about £4. If they do then you could look for a charging order over the property, this is the same as a mortgage charge meaning the property cannot be sold until the debt has been paid. It takes longer to get your money but if they are the owners of the premises then once you have a charge your money is safe. Then you can apply to the courts to force them to sell the property to release your money.

 

Its just another option to consider.

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