CCJ against Ltd Company

hawnit

Hi,

looking for a bit of advice about the best method to obtain payment from a Limited Company. I understand that sometimes it’s impossible to recover this money but would appreciate any advice (the amount is about £2k).

I have a CCJ against a Limited company. Under a Record of Examination (EX141) they agreed to a monthly payment plan however they never made a payment. After a few months of missed payments I applied for a third party debt order against the details they provided, however they only had a small amount of money in the account at the time the order was made final (just enough to cover the TPO fee). Could I keep applying for TPOs in the hope that at any time they may have more cash resting in their account or should I explore another avenue?

In their record of examination they listed assets as 0, debtors as 0, creditors as 0, but in their most recent accounts they had listed assets as £1k, debtors as £16k, creditors as £20k. Their new accounts are due in a few weeks so should I wait and see what state those are in before deciding what route to pursue?

MattMattMattUK

hawnit said:

Hi,

looking for a bit of advice about the best method to obtain payment from a Limited Company. I understand that sometimes it’s impossible to recover this money but would appreciate any advice (the amount is about £2k).

I have a CCJ against a Limited company. Under a Record of Examination (EX141) they agreed to a monthly payment plan however they never made a payment. After a few months of missed payments I applied for a third party debt order against the details they provided, however they only had a small amount of money in the account at the time the order was made final (just enough to cover the TPO fee). Could I keep applying for TPOs in the hope that at any time they may have more cash resting in their account or should I explore another avenue?

In their record of examination they listed assets as 0, debtors as 0, creditors as 0, but in their most recent accounts they had listed assets as £1k, debtors as £16k, creditors as £20k. Their new accounts are due in a few weeks so should I wait and see what state those are in before deciding what route to pursue?

Their accounts, if submitted as due, will still be nine months out of date, they are not really an accurate representation of the current position, but of a historical position. 

In reality I would expect that this money is unrecoverable. On the basis that the business has no funds and they are unlikely to add funds to the business or retain any funds within it and it will most likely just be left to die, unless you wish to pay to liquidate it, which would be pointless as it has no assets. 

It might be a long shot, but did you pay them by credit card?

hawnit

Thanks for your response. Unfortunately didn't pay them by credit card. My thinking with the accounts is that they are due to reflect their business state as it was just 30 days before the date they provided information under Record of Examination. My instinct tells me that they did not provide full details at this hearing but obviously this is hard to prove. 

The business is still trading and undertaking projects and (presumably) receiving payments into their bank account provided (although they may be redirecting funds out of that account pretty swiftly by the looks of things) I could also explore High Court bailiffs as an option...?