I have CCJ against company but the debt hasn't been paid

arcon5

inmypocketnottheirs wrote: »

Have a look at the Insolvency Service website and serve a winding up petition.

And successfully petitioning for the company to be wound up will set op back the pricey sum of £1385, assuming the order isn't defended by the company. Then still no guarantee of seeing any money. Although a receiver can bring the director to justice for any wrongdoing or overdrawn directors loan account. But if the director can say and do the right things to make sure the correct boxes are ticked the system can be swam through - it's the IPs you want to be careful off.

arcon5

By the way op - the fact it was paid in to his personal account isn't necessarily your saving grace. He could simply state the funds was treated as a reimbursement of a CR balance of the DL account and the order accepted and fulfilled by the company.

fighting_the_good_fight

I have the CCJ, it is unpaid after 10 months and 3 bailiff visits. I now have form N293A but don't know how to complete it or who to send it to or who to contact about it. I'm looking for a phone number ideally.

beautybew

Hi there,

I am in a similar (although larger debt i'm chasing) position as you. Found it nigh on impossible to get advice on how to fill out the N293a form and the writ of fifa! As of 6th April 2014, a writ of fifa doesn't exist any more and it's called something different but it must be pretty similar.

I can send you copies of mine if that would helpful. Otherwise, after an unsuccessful visit to the Citizens Advice Bureau, I was advised to contact the Business Debt Line (basically CAB for business issues), so they might be a good place to start??

www bdl org uk (won't let me post link!)

0800 197 6026

I am pulling my hair out trying to get my money from a limited company, over £12,000

Let me know if you would like my documents, as that's all I was searching for (example copies) when filling mine out.

zaax

Your going to have to wind the company up.

beautybew

I know

Thank you, that is the next step that I have initiated...

Very stressful.

Were you responding to me? Or the original thread?

Thank you very much.

hollydays

http://www.bdl.org.uk

Daisy19_2

Be very wary of putting your faith in the Official Receiver to investigate dodgy Company Directors. We are owed over £150K in unpaid judgments and costs after a lengthy legal battle and had no choice but to put the company in liquidation. The Official Receiver highlighted several areas for investigation. However when we heard nothing for nearly a year we enquired as to progress, only to be told that his office do not have the manpower to perform the investigation! He had offered it to other offices but no-one had taken it up. We are flabbergasted by this, we are pretty sure that the directors caused the failure of the company and should therefore be liable for the company debt. The liquidator is also proving ineffective. If you have an unpaid debt, think very hard before starting litigation. No court in the land can actually get your money for you it seems, even when you have judgments.

bailey10

I need advice in regards to a CCJ I have seen on my credit file.

Around 2 years ago my mums partner bought me a car for my 21st birthday. To cut a long story short when their relationship broke down he started to chase me for a sum of £10,000 that he claims is owed to him to for the car.

He wanted to take it to court however sent the papers to my wrong address (knowing full well we had moved after their breakup) due to this I received the court summons over a month after the summons date.

I tried to send an appeal but have heard nothing since and so thought it had been revoked or cancelled. Last night my partner and I were checking my credit file ad we want to buy a house - and on my report is a CCJ for over £10,000!!

Does anyone know whether it is worth it for me to appeal to set the claim aside on the grounds that there was never any contract or agreement made about the car, it was always understood that it was a gift until he changed his mind following the break up. At the time my mum was also paying him money as and when he needed it to cover some debts he had. This does not fully amount to the total he is trying to claim but it is over 2/3 of the total. We have proof of this from bank statements etc.

As I said there is nothing in writing to to state the the car was not a gift and my mum was only giving him money out of pity.

I am not sure what to do in ways of the appeal as I do not want to open up a can of worms but I do not want it to effect my chances of getting a mortgage.

Please help, all advice welcome. Thanks.

Humminghorse23

Hi there,

I hope I'm posting in the right place. Its not very clear...
This is complex, but I´ll try to keep it succinct.
I received a number of PCN's from Brighton and Hove City Council. All whilst working in one particular street. I do not dispute the PCN's themselves, I know thats a lost cause. However..
The PCN's were passed very quickly on to Excel Enforcement. An enforcement agency based in wales. (why they use an enforcement company based in essentially a different country is beyond me) So I received repeated visits from Welsh Bailiffs demanding money for one of the PCN's (which had by this point exponentially increased, from £105 to over £500)
Now I was unable to pay it and knew my rights to a certain extent in dealing with Bailiffs.
But because its connected to a vehicle, they can essentially find, clamp and seize that vehicle to cover the debt. Wherever it is..
Now I tried and tried to contact the council themselves to organise either a payment schedule, or to consolidate the PCN's but they are uncontactable. They explicitly state that they will not discuss PCNs by phone or in person. They're only response to letters are standard responses, and will never address a specific issue.
So they came, they clamped. and called for the truck to take my vehicle away.
-I immediately contacted a debt advice solicitor and he instructed me to make a sworn declaration that the vehicle did not in fact belong to me, but to my partner. So this was immediately done. (in front of a local solicitor, all whilst the Bailiff waited for the truck)
This was duly ignored by the bailiff on instruction of his boss
-I called the police to declare my car was being illegally seized
They came, and very nicely said they couldn't get involved in a civil matter (but filmed everything)
-I also discovered that legally, if an item essential to your employment is worth no more than £1350 they cannot legally seize it.
They assumed it was worth more and took it anyway.

In the end, after unsuccessful wrangling between the lacklustre debt advice solicitor, the enforcement agent and Brighton and Hove city council, my car was sold at auction, for £1100. to cover a single parking ticket. they are supposed to reimburse you any extra money made, but the total cost, bailiffs charges, collection charges, auctioneers charges, storage fees etc came to the STAGGERINGLY COINCIDENTAL sum of £1104. They didn't bill me the £4 bless them..

I happened to research the market value of the vehicle, and it was £1200 in good mechanical and cosmetic condition. It was not in good cosmetic condition, and theres a pretty comprehensive inspection report of the vehicle filed away at eastbourne vehicle auctions which would prove this to be the case. Essentially the point is, it was definitely not worth more than £1350.

So as to whether it was essential to my employment as a self employed carpenter: Since its sale my income has dramatically fallen, and provably so. To the extent that I am now applying for personal insolvency and unable to keep up with other payments. My Credit rating is and will plummet, and I cannot afford to buy a replacement vehicle.. Essentially I´m stuffed.

Never mind the other 12 parking tickets, which they refused to consolidate. This was as a result of one.
I am a separated father of two kids, I have 50% responsibility for them. I receive no benefits or tax credits, and my girlfriend has zero income and suffers from anxiety.

I would like to take the council to court for illegal seizure of the vehicle, reimburse me its full market value and compensate me for 6 months of lost earnings. Then arrange for any outstanding PCN's to be written off, or at the very least, returned to their original sum, consolidated, and a suitable payment arrangement to be made, directly to the authority.

I am intelligent, angry and have little left to lose. But do I have a case?

Thanks!