CCJ Enforcement Against Customer

Ashers92

Hello, I'm hoping this is the best place for this query.

I run a vehicle storage business and have unfortunately got a couple of customers that have never paid an invoice, despite agreeing pricing and commiting to storage of the vehicle at the start of the term.

In both instances, non-payment has now been ongoing for over 12 months. Having been very patient, I have finally claimed CCJ against both parties, neither of which responded, so I have therefore had judgements in my favour, by deafult.

The next issue I face is actually enforcing the judgement.

With no response from either customer, I am in the predicament of not being able to recover the money owed. In my favour, I have possession of the vehicles still. The downside to this is that I feel I have a responsibility to reasonably maintain the vehicles and that invoices continue to acrue monthly for the ongoing storage charges of the vehicles. I cannot simply remove them from the facility and leave them on the street.

The only way I see I can recover these costs is now by selling the vehicles.

For the first customer, owing approx £8,300 as per the CCJ, they own two vehicles but the sale of either vehicle will cover the outstanding costs and more, leaving me with one vehicle still remaining (and ongoing charges) as well as a reasonable surplus of cash. The issue with this customer is that they appear to have abandonned their last known address with the landlord recently contacting me in response to my many letters stating that they no longer reside there and are now believed to be living in America. This is backed up by Royal Mail returning the most recent correspondence sent.

The second customer, owing approx. £4,200, has given zero contact since the original agreement. The charges owed are now, in my opinion, above that of the value of the vehicle and with charges ongoing monthly that will only become worse. If that were the case, I would plan to seek the remaining from the customer if the balance was still of reasonable amount.

With the busy period approaching, not only do I need the space, I could do without the ongoing hassle also.

I guess my questions are:

1. What is my legal position in being able to sell the vehicles to recover what is owed.
2. The hoops I'd need to jump through to enable the above so as to avoid any issues in the future should either customer get in touch looking for their car.
3. Am I better to enforce the CCJ through the court using debt recovery services, although incurring further cost to myself with no guarantees of receiving whats owed?

Any assistance on this would be greatly appreciated!

[Deleted User]

i think you need more than this forum for specifically tailored advice, your accountant and legals could start you off.

km1500

yes I agree rather than relying on what we say here it might be worth your while paying for half an hour with a solicitor or equivalent. maybe your first part of call could be the court and see if they can advise.

PRAISETHESUN

I agree that it'd be worth getting legal advice, but I suspect that you'll probably end up instructing bailiffs to seize the cars or something and then sell them to recoup some of the costs (assuming they legally belong to the customers). Otherwise you might need to make a decision about walking away, rather than throwing more money at the problem with no guarantee you'll get it back.