CCJ Enforcement against Ltd Company 2 January at 11:30AM in Consumer rights 3 replies 171 views

hawnit

Hi, looking for some advice on how to enforce a CCJ against a LTD company. I have had a CCJ issued against a contractor for ~£1500 last March. The issue is that the LTD company’s registered address is a Registered Office Service and not in fact the physical location of the company - they operate out of a residential address and have no commercial premises. I have had a warrant issued by the County Court but this could not be enforced because of this issue. I also attempted to get a charging order against this residential property asserting that as the individual was the sole director of the LTD company and also the sole owner of this residential property they should be considered the same - but his was discharged by the judge as they should still be considered separate legal entities. I am unsure about what to do next - would an Application for order that officer of the debtor company attend court for questioning be useful as the next step with a view to a third party debt order eventually?

Or should I check for other unenforced CCJs against the LTD company with a view to demonstrating their solvency with a view to progress to Winding Up Proceedings? Thanks for any help

HillStreetBlues

Sorry just reread your thread,  so my previous post (deleted) is redundant.

DullGreyGuy

The whole point of a limited company was to cap the liability of its shareholders and so absolutely you cannot go after the assets of the company's owner just because they happen to also be the director. 

The residential address will be their trading address however an Enforcement Officer (aka Bailiff) that goes there can only cease items owned by the company and not the directors/shareholder's personal assets (I am assuming you had no personal guarantee from the director).  Depending what sort of "contractor" they are they may have very few physical assets to cease... most IT contractors you'd be talking a laptop if you're lucky. 

Your options could be to get a third party debt order to have their bank pay you directly or a statutory demand as the first step of winding up. 

The issue with all of these can be you end up spending more and more money but never get anything back because the company has no cash or assets. 

hawnit

Thanks for the response - am I right in assuming that the next step (before third party order or statutory demand) is an order for information be made to identify what assets they have etc?