Theft during removals/storage - claiming damages

chapmandu2

So a quick update on this story - went through the courts and got a CCJ, was offered £10 a month by the company which I refused (not done officially but by phone call after CCJ issues). Didn't hear anything more so did a Third Party Debt order against their bank - I had the bank details since we paid by bank transfer. This partly succeeded and have a court hearing but will only get part of the amount back - £250 which covers the initial CCJ and the TPDO so not actually any better off although satisfying that I've caused the removals co some pain!

To get the rest what should I do? I could try another TPDO but is there anything to stop them opening up another bank account for the company? Are there rules about opening up a new limited company bank account if one already exists, or would this be difficult because of the CCJ having been issued against the company? Is there any way I can find out the bank details of a limited company from HMRC or someone else?

Thanks!

CKhalvashi

I did read this originally, meant to respond and then didn't.

Good to see you've come back.

Do they have any significant unfinanced assets? I'm talking vehicles here probably. Do you know where they are?

It may be a case of either accepting what they've offered, or if you're reasonably sure the vehicles are unfinanced it may be worth going down the High Court route.

Depends what is outstanding and how long it'll take to clear the balance as to the advice we can give IME.

naedanger

chapmandu2 wrote: »

So a quick update on this story - went through the courts and got a CCJ, was offered £10 a month by the company which I refused (not done officially but by phone call after CCJ issues). Didn't hear anything more so did a Third Party Debt order against their bank - I had the bank details since we paid by bank transfer. This partly succeeded and have a court hearing but will only get part of the amount back - £250 which covers the initial CCJ and the TPDO so not actually any better off although satisfying that I've caused the removals co some pain!

To get the rest what should I do? I could try another TPDO but is there anything to stop them opening up another bank account for the company? Are there rules about opening up a new limited company bank account if one already exists, or would this be difficult because of the CCJ having been issued against the company? Is there any way I can find out the bank details of a limited company from HMRC or someone else?

Thanks!

Thanks for the update.

If the amount covered the ccj and the TPDO what amount is still owed? Do you mean it only covered the cost of obtaining the ccj and TPDO and not the actual amount of the original claim?

I don't think there will be anything legal preventing them opening another bank account. However if there is an outstanding ccj I would have thought they would have difficulty opening an account that lets them get into debt (so I would have thought they would have difficulty opening a normal current account). But I might be wrong, maybe it is not unusual for companies to have outstanding ccjs given the amount of dealings they will have.

I suspect the only way you would be entitled to the details of their bank accounts is via some sort of legal action.

Agricolae

If the bike cost £1,600 and the CCJ was for around £250, what happened to the difference? Did the company cough up part of it?

wealdroam

Agricolae wrote: »

If the bike cost £1,600 and the CCJ was for around £250, what happened to the difference? Did the company cough up part of it?

Yes, the OP should explain this, but I'm guessing that there was only £250 in the company's bank account so that's all the TPDO retrieved.

chapmandu2

Apologies for the lack of clarity. To clarify, the original judgement was for £1650 which included the cost of getting the CCJ (£135) and the bike. The cost of the TPDO was £110. The TPDO retrieved £250 from the company bank account which is all there was in there.

So the question is what to do next? I am not sure that the company is even still trading, as I have got friends to send enquiry emails and they've had nothing back. I could try a TPDO again but if they're either not trading or have opened up another account then this is a waste of money.

The operation used rented vans so I don't think has any assets, although the registered address is where the Director lives and the land is used as a depot. The company was set up about 18 months ago as a legal entity as a new company to succeed one that was previously dissolved. There is a sister company set up at a similar time to cover the storage side of the business (with the same director), and this is listed on companies house as being on notice of being struck off for failing to return accounts. I suspect in a couple of months time the same thing will happen to the company I have the CCJ against.

It's a proper shady set up, totally my fault for not doing a background check but you know what it's like when you're moving. I think we were lucky to only lose a TV and a bike to be honest!!