Court Bailiff Costs

Pav123

I am finding it difficult to find the real cost of enforcing a CCJ. Claim is small and I want to conclude holding the company accountable for its wrong doing. I just need to make sure I budget for costs in case court bailiffs are unsuccessful.

CCJ is less than £200.

As I understand it from gov website first step is a N323 writ of control fee £77. I pay this and add it to claim.

Enforcement £255. This is the stage I do not understand. Do I pay this or is it just added to the claim by the bailiff to collect?

Sale of goods £110. Same question. Do I pay this or is it just added to claim by the bailiff to
collect?

If court bailiff is unsuccessful I am unsure if I am £77 down or  £442?

Thank you.

Pav123

I am finding it difficult to find the correct information for enforcing a CCJ with a ltd company. 

Would I start with a N316? It seems that the the associated EX140 is more appropriate for an individual rather than a ltd company.

The owner runs the business from an industrial unit.

The company is under “suspended compulsory strike off action” but this is something thats been issued and resolved several times when you check company house and I think is down to poor book keeping rather than a plan to strike off. Only recently has the owner expanded the company with an additional employee and van.

What are the stages I should follow with a ltd company and cost? I think I read that the creditor only pays a compliance fee and the other costs are collected from the debtor. I don’t particularly want to be picking up fees if at the bailiff stage the debt isn’t collected but I do have a budget for this.

I am a little confused that bailiffs cannot take certain goods associated with the persons business? Surely with a ltd company that would be everything at the business property?

This is driven by accountability and not money owed. I feel the person in question behaves like he does as his experience is customers will not pursue. We have successfully got this past the CCJ stage and a poor Set Aside attempt and would now like to conclude with the settlement of the CCJ.

Thank you for your experience / advice / support.

Alderbank

Pav123 said:

I am a little confused that bailiffs cannot take certain goods associated with the persons business? Surely with a ltd company that would be everything at the business property?

No.

They can take certain goods owned by the business. Big difference.

For tax reasons most of the items of value such as plant, buildings, vehicles, etc. will be leased rather than owned.

Stock, raw materials and so on might be owned by the suppliers.

ArbitraryRandom

I'm not sure what stage you're at (if you have the CCJ but you might want to consider what/where the company has assets and the best way to actually get what you're owed.

I'm going off the top of my head, but I think the court will reject a request for bailiffs if the debt is less than £500(?) so it could be a third party debt order (basically you freeze their business bank account until they pay you) is a better option? 

And you have to pay, but the cost of enforcement is added to the amount owed. 

Hoenir

No reputable company will want a CCJ registered against it. You need to weigh up whether there is a realistic possibility of recovering the money expended if you pursue the matter further. Have you looked up the Company up on Companies House register? May provide some insight. Companies in financial difficulty are normally very apparent. 

fatbelly

Pav123 said:

I am finding it difficult to find the real cost of enforcing a CCJ. Claim is small and I want to conclude holding the company accountable for its wrong doing. I just need to make sure I budget for costs in case court bailiffs are unsuccessful.

CCJ is less than £200.

As I understand it from gov website first step is a N323 writ of control fee £77. I pay this and add it to claim.

Enforcement £255. This is the stage I do not understand. Do I pay this or is it just added to the claim by the bailiff to collect?

Sale of goods £110. Same question. Do I pay this or is it just added to claim by the bailiff to
collect?

If court bailiff is unsuccessful I am unsure if I am £77 down or  £442?

Thank you.

If you go the county court bailiff route it will cost you £83 to issue a warrant.

As things stand you cannot escalate a debt of under £600 to High Court bailiffs

Pav123

fatbelly said:

If you go the county court bailiff route it will cost you £83 to issue a warrant.

As things stand you cannot escalate a debt of under £600 to High Court bailiffs

So I can issue a warrant and then they can ignore? Is there any value to sending a warrant? Not really understanding the process.

Pav123

ArbitraryRandom said:

I'm not sure what stage you're at (if you have the CCJ but you might want to consider what/where the company has assets and the best way to actually get what you're owed.

I'm going off the top of my head, but I think the court will reject a request for bailiffs if the debt is less than £500(?) so it could be a third party debt order (basically you freeze their business bank account until they pay you) is a better option? 

And you have to pay, but the cost of enforcement is added to the amount owed. 

I see. So the risk there is do they have credit or debit in the account you choose. 

ArbitraryRandom

Pav123 said:

ArbitraryRandom said:

I'm not sure what stage you're at (if you have the CCJ but you might want to consider what/where the company has assets and the best way to actually get what you're owed.

I'm going off the top of my head, but I think the court will reject a request for bailiffs if the debt is less than £500(?) so it could be a third party debt order (basically you freeze their business bank account until they pay you) is a better option? 

And you have to pay, but the cost of enforcement is added to the amount owed. 

I see. So the risk there is do they have credit or debit in the account you choose. 

You can ask the court to order a representative of the business to attend and give an account before deciding. 

I'm wondering if you have seen/read this? 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment 

Pav123

Hoenir said:

No reputable company will want a CCJ registered against it. You need to weight up whether there is a realistic possibility of recovering the money expended if you pursue the matter further. Have you looked up the Company up on Companies House register? May provide some insight. Companies in financial difficulty are normally very apparent. 

Thanks. That is what I thought! They did take it to a Set Aside hearing but that was dismissed. It would have been cheaper to just pay the CCJ as its only £170 so it obviously is a worry for them moving forwards.

Company house have it listed as compulsory strike of action (suspended by us) but I think that’s just poor admin as they have literally just been expanding buying extra vans and employing new staff 🤔. We just have to keep renewing the objection.

Our focus is holding the director accountable.
One of his professional associations have already removed him as a member following a disciplinary review. We have a complaint in with HSE and also local MP due to him being a parish councillor and a conservative candidate in last local elections. We feel in those roles you should at respect the legal system.

I have written to Companies house to see if I can get a better understanding of the company as no accounts submitted since 2020.

fatbelly

If the company has easily identifiable assets then it's a slam dunk for the bailiff

The warrant is the legal instrument that allows the bailiff to seize goods to the value of the debt. So if there's a computer on the desk when he walks into reception then it's a case of pay up or it goes.

You mention that it owns vans. Most bailiffs carry a clamp with them