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  • FIRST POST
    • karxlee
    • By karxlee 23rd Oct 17, 9:32 PM
    • 12Posts
    • 1Thanks
    karxlee
    Transfer up a judgment to the High Court for enforcement
    • #1
    • 23rd Oct 17, 9:32 PM
    Transfer up a judgment to the High Court for enforcement 23rd Oct 17 at 9:32 PM
    Hi, I'm not sure this is under the correct forum.

    I recently won a court case which I instigated, the defender didn't turn up to court, however I still had to plea my case, I did this and won a judgement of just under £3000.
    The other side had 14 days to pay this money, and on the 12th day they contacted me for the courts phone number and the claim ref because they had thrown it away (this is a limited company).

    Not surprisingly they failed to make the payment, I am sure they have no intention however I want to move this to the High Court for collection because I have been advised they have more clout than the local salaried bailiffs.

    My question is - is this something I can instigate or do I need to go through a solicitor, when I spoke to the court the lady advised I needed to put this to a solicitor, however it is just costing me more money and I'm not getting anything back.

    Thanks in advance.
Page 1
    • stuartJo1989
    • By stuartJo1989 23rd Oct 17, 9:54 PM
    • 289 Posts
    • 283 Thanks
    stuartJo1989
    • #2
    • 23rd Oct 17, 9:54 PM
    • #2
    • 23rd Oct 17, 9:54 PM
    Let me know what episode of "Can't pay, we'll take it away" you will be on
    • cono1717
    • By cono1717 24th Oct 17, 8:58 AM
    • 647 Posts
    • 457 Thanks
    cono1717
    • #3
    • 24th Oct 17, 8:58 AM
    • #3
    • 24th Oct 17, 8:58 AM
    Have a look at https://thesheriffsoffice.com/articles/transferring_up_-_a_guide

    Alternatively if you'd like to use the people in Can't pay we'll take it away, https://dcbltd.com/high-court-enforcement/money-order-judgement-ccj/
    • karxlee
    • By karxlee 29th Nov 17, 8:34 PM
    • 12 Posts
    • 1 Thanks
    karxlee
    • #4
    • 29th Nov 17, 8:34 PM
    • #4
    • 29th Nov 17, 8:34 PM
    Hi

    So I instructed the company off the TV to uplift this to the high court, which they did. They went round to the unit to recover assets however no-one was in, they contacted the owner at 9am who was drunk, and became hostile. Once they calmed him down the owner of the business advised he has wound his company up and re-open it in a new name, which is basically a slight amendment to his original name.
    So it looks like I wont be getting anything, which is really unfair. It seems this is something this business man has done before.

    Basically don't pay what you owe, change your name instead.
    • hollydays
    • By hollydays 29th Nov 17, 8:40 PM
    • 15,631 Posts
    • 11,433 Thanks
    hollydays
    • #5
    • 29th Nov 17, 8:40 PM
    • #5
    • 29th Nov 17, 8:40 PM
    Time to name and shame here perhaps
    • BoGoF
    • By BoGoF 29th Nov 17, 9:01 PM
    • 2,726 Posts
    • 1,964 Thanks
    BoGoF
    • #6
    • 29th Nov 17, 9:01 PM
    • #6
    • 29th Nov 17, 9:01 PM
    Was it a Ltd company?
    • steampowered
    • By steampowered 29th Nov 17, 9:56 PM
    • 1,954 Posts
    • 1,825 Thanks
    steampowered
    • #7
    • 29th Nov 17, 9:56 PM
    • #7
    • 29th Nov 17, 9:56 PM
    If it is simply a case of assets being moved from one company to another to avoid payment, the answer is very simple.

    You simply sue the director personally, and send the bailiffs round to his home address once you get a judgment.

    The Insolvency Act allows you to do that. See http://www.legislation.gov.uk/ukpga/1986/45/section/423.
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