Business - to - Business Letter Before Action

oz0707

Applied for judgement by default today.
Have to wait up to 10 working days (for conformation, maybe even longer to get the CCJ).
Lot of waiting in this litigation game...

Paul_01

You'll probably get it within a few days, they're pretty quick even under current circumstances.
I hope you requested payment 'forthwith'? The quickest way to get a copy of the CCJ is to call them up and ask them to email you a copy, assuming you went through 'Money Claim Online'?
I would then immediately upgrade to a High Court Writ.

oz0707

I did request immediate payment.
I don't understand why they emphasise the importance of picking between immediate, instalments or by a certain date. Whats the difference? It's not like if you picked the wrong thing your claim would be knackered
I did go through the money claim online. I am thinking my best option for recovery is to get third party debt order as I have bank details and even if the account is not in credit i think it then freezes the account (making it hard for Ltd company to continue to trade).
I will read into it more but I am presuming even though I have chosen immediate payment the CCJ will have some kind of date payment has to be made before I can apply for any enforcement action?

Paul_01

How much are you claiming for?
Best option is to escalate to a writ and let the high court bailiffs do their thing. They’re very good. 

There’s no need to wait either. If the defendant has ignored the court thus far, he’s unlikely to pay now either. 

oz0707

The problem is as a payment was made in Dec it's just below the 600 with fees and interest. 580 something. Would the court fee to upgrade tip it over the 600 or does it have to be over that before you can apply?
Tbf I think it's a tactic this person has. Bump as many people for around 500 and see if they can be bothered to chase. 
Why would a high court bluff be better than a judge making an order to a bank. Surely cutting out a middle man is best when claiming from a company. 

Thrugelmir

oz0707 said:

I will read into it more but I am presuming even though I have chosen immediate payment the CCJ will have some kind of date payment has to be made before I can apply for any enforcement action?

Lack of a response suggests that you may end up throwing good money after bad. 

oz0707

Thrugelmir said:

oz0707 said:

I will read into it more but I am presuming even though I have chosen immediate payment the CCJ will have some kind of date payment has to be made before I can apply for any enforcement action?

Lack of a response suggests that you may end up throwing good money after bad. 

I'm 99% sure they are not receiving their mail promptly due to recent change to virtual mailbox. 

Once the ccj is in hand is there any disadvantage in letting the guy know before taking further action?

bermudianmark

oz0707 said:

When sending a letter before action to another business would I be right in assuming I should send it to the registered office address?

I ask because the business has recently (not a good sign I know) changed their registered address from their home to that of a sort of 'bulk' accountancy provider. Obviously found this out after doing a google search on the address.

Not sure that a "bulk" accountancy provider is a concern in itself, a good proportion of companies use their accountants as a registered office, there is more chance of the mail being dealt with that if a post box type of service is use when the mail doesn't get checked.  It is of course an indication of a smaller company type of setup.  There are many free business intelligence services around like https://www.reportingaccounts.com/advanced-search/ which you can use to check a business more carefully before you start dealing with them.

These days I am always a bit careful about using a service I am familar with, I do try for example to pay with paypal as I know they are more likely to side with the buyer.

oz0707

@bermudianmark that website was not as good as the normal companies house one. 
No extra information on there than anywhere else. 

oz0707

Does anyone have any advice regarding chasing again once in possession of ccj, or is it better to immediately apply for third party debt order/upgrade to high court if fee total allows over 600?
@Thrugelmir with the amount were talking I'm sure it's more of a case of won't pay as opposed to can't pay. We shall see how strong the courts powers are...