CCJ 28 April 2021 at 7:01PM in Bankruptcy & living with it 10 replies 512 views

Ridge125

Hi,

I hope this is the right category.

I have obtained a CCJ against a Ltd company registered at a given address with companies house. This is a private residency (jointly owned) by the director of the business and his GF.

The debtor is refusing to pay the debt and I was wondering if I could obtain a charging order against his house for the money owed given this is the registered address for his business?

Any other advise much appreciated.

Flyright

You could only do this if the house belonged to the limited company.

Ridge125

The house is owned by the company director and is registered at the same address on companies house.

If this step wouldn't work, what other options will?

It seems that the law is very much stacked against obtaining money even when it has been shown to be owed by a judge.

It seems bailiffs are pretty ineffective as well, given they can take very little despite the hype behind their authority in TV programmes.

Flyright

You have the option to present a winding up petition against the company as long as the debt is over £750 but this will involve additional costs.

Minkym00

Flyright said:

You have the option to present a winding up petition against the company as long as the debt is over £750 but this will involve additional costs.

Not just additional costs, but the OP would need to be absolutely sure the company owned enough assets (and bare in mind that vehicles etc are always on lease hire) and that it had no other debts. If it does have other debts, then any assets, after the OR has taken their £11k admin fee and 15% asset realisation fee, would also be paid and the OP could end up with just pence in the pound, if they get anything at all. Plus the OP would have to shell out to wind the company up.

Ridge125

Surely you have missed the request against the companies accounts and bailiffs ?

Minkym00

Ridge125 said:

Surely you have missed the request against the companies accounts and bailiffs ?

Don't understand the question...

Ridge125

N349 and N379 can also be used.

Can a separate claim be taken against the director via small claims for not paying company debts, given the company has found to be owing the money, and he is the director?

Flyright

No, if the debts are owed by the company then the company is the entity that is liable to pay it.

Minkym00

You cannot pursue a director for payment of company debts. That's the entire point of a limited company - the director will not be personally liable for any financial debts or losses made by the business. The only way this can be transgressed is if, when the company is wound up, the director has been found to have committed a misconduct as per the Insolvency Act 1986. They then can be made personally liable and pursued to repay the funds into the liquidation. 

Your best best is still using bailiffs.

tiggerbodhi

From being someone who has chased a Ltd company for a debt, if they are no longer trading unless the money is a huge sum, walk away and chalk it up to experience,
But if the company is still trading you can instruct Bailiffs, they can enter the property uninvited as it is a registered company address and seize goods to the value of of the debt plus costs, but they would have to be company assets, if they are canny they will have personal receipts for the TV and other high value items and as previously mentioned the cars will no doubt be leased, but having said all that no Ltd company would want an unsettled CCJ on file, do they give a reason why they wont pay? are they winding the company up? what do the last set of accounts look like on Companies house?