Enforcement action after CCJ issued

MakeCowboysPay

Defendant aka Cowboy builder has been ordered to pay debt by the County Court but has not paid. Company still active as per Companies House. Any attempts to start enforcement action against registered office will be pointless as now vacant however another address is listed for the correspondence address of shareholders. Can I commence enforcement action (charge on the property or bailiffs) against this address instead eventhough the CCJ was issued against the business premises? Both addresses are linked to the Company on Companies House. I naively paid a lot of money upfront, trusted a builder and am now a victim of unfinished work. I know what I need to avoid in the future so please no lectures on that but I am determined to make this builder not walk away with my money so easily so would appreciate any experience anyone has had please with enforcement. The building industry needs regulation and so many people are being exploited. I'm sure the same Director will continue working under a different Company name too and won't have had to find a huge sum of money from various sources and sacrifices.

user1977

A CCJ isn't issued against premises, it's issued against a debtor. It doesn't matter whether the registered office is "vacant" or not (and it's pretty commonplace for even legitimate companies merely to use their registered office as a mailbox), you can pursue the company's assets wherever they are. But do you know what assets the company has?

MakeCowboysPay

Thank you. I don't think they have much left as they have emptied their offices and showroom. Thinking my best option would be to put a charge against the other address listed so that if ever sold I would then get my money back.

user1977

MakeCowboysPay said:

Thinking my best option would be to put a charge against the other address listed

Does the company own it?

bris

You can go after company assets even if they moved them.

The bailiffs can seek out those assets wherever they are.

They need to be linked to the company though.

usual company assets are tools and machinery, vehicles, stock, property and office equipment.

Builders usually have a lot of money tied up in tools. 

Just appoint a bailiff and let them get on with it. The Bailiff gets paid even if you don't though so think about cost of recovery via reward. The Bailiff costs can be added to the debt, they get paid first you  get whats left if anything.

MakeCowboysPay

@user1977 correspondence address for shareholders is their residential home which they own.

@bris yes weighing up the costs of bailiffs v potential return needs thought, this person has dissolved a few companies before so I think they know how to play the game. Suspect vehicle is leased too.

user1977

MakeCowboysPay said:

@user1977 correspondence address for shareholders is their residential home which they own.

@bris yes weighing up the costs of bailiffs v potential return needs thought, this person has dissolved a few companies before so I think they know how to play the game. Suspect vehicle is leased too.

If your CCJ is against the company then it’s the company you pursue. You don’t have any rights against someone just because they’re a shareholder - that’s the whole point of limited liability.

MakeCowboysPay

Thank you. Does it change anything if the Officers and Shareholders are the same people? Can't it be linked?

MakeCowboysPay

The CCJ states Company name and the individual name too.

Ectophile

MakeCowboysPay said:

The CCJ states Company name and the individual name too.

If the CCJ names a particular person, then you can persue that particular person.  But not anyone else associated with the company.

user1977

MakeCowboysPay said:

Thank you. Does it change anything if the Officers and Shareholders are the same people? Can't it be linked?

No, you can't just decide to chase directors either. The company is the debtor, you can only pursue the company (without going into the complications of what might happen if you actually had evidence of unlawful trading etc, but it doesn't sound like you do or that it would be worthwhile thinking about).