Third Party order > Personal assets next?

LeBronTHYP

Hi,

I've had a tradesman (with good reviews) give me the run-around, Take £2.4k up front for materials (landscaping), turn up for 2 days work clearing.. no materials delivered then fob me off. Claimed illness, offered a refund and stopped replying to messages. I gave them time etc then applied online (they did not defend) and was awarded £2k CCJ.

They are a sole director of a LTD company. Next, I want to try and claim back from the account paid through a third-party debt order from their bank account.

Now I have the the N349 form, completed (properly I think) but there is no guidance in the portal how to complete the form and where to send it to....I could find. Shocked as the first part was very straightforward. Can anyone advise on this bit.

After that if they don't have the money if they paid it to themselves! can I go after their personal assets? As a limited company doesn't protect your own assets in a situation like this?

I know this is civil, but could be technically fraud if they do this to multiple people, so would you get the police involved.

Thanks!

LeBronTHYP

I know bailiffs could be a waste of time, could I sell the debt for 75% .....any companies that would be recommended?

DullGreyGuy

Was the CCJ issued against the company or the person?

Is the bank account for the company or the person?

What difficulty are you having with N349 as its generally a fairly straightforward form?

Creating a personal liability for a director isn't straightforward unless your contract did that for you. Assuming it didnt then it will depend on how money has been taken out of the firm, on what basis they felt it appropriate, what advices they received from whom etc. In certain circumstances it can be shown they have failed in the fiduciary duty to the firm and create a personal liability but that would be to the firm not you

LeBronTHYP

Hi @DullGreyGuy it was the company.

The bank account is for the company.

I don't know where to send the N349 and if there is a fee?.

Do you know the time frame for this take place?

I did contact my local court on email who said its an online claim so Online CC has to deal with it. If the bulk of money is materials and he didn't buy them, can he just pull the money out of the company to pay himself.

Weighing up if I should use a high court enforcement agent if this fails, is it worth dragging them to court to prove income etc?

Lomast

LeBronTHYP said:

I know bailiffs could be a waste of time, could I sell the debt for 75% .....any companies that would be recommended?

You might be able to sell it to a debt collectors but it will not be 75% moreclikely 5%

DullGreyGuy

LeBronTHYP said:

I don't know where to send the N349 and if there is a fee?.

Do you know the time frame for this take place?

I did contact my local court on email who said its an online claim so Online CC has to deal with it. If the bulk of money is materials and he didn't buy them, can he just pull the money out of the company to pay himself.

Weighing up if I should use a high court enforcement agent if this fails, is it worth dragging them to court to prove income etc?

The guidance is https://www.gov.uk/government/publications/third-party-debt-orders-and-charging-orders-ex325/apply-for-a-third-party-debt-order 

I believe the application fee is £131 but wouldn't want to be quoted on it... the form gets sent to the county court closest to the defendant's address. You can use https://www.find-court-tribunal.service.gov.uk/search-option and their registered post code to find the right court. 

Shortly after the court receives it they should issue an interim order which freezes the defendant's asset until the hearing can be scheduled to decide if the order should be made or not. How long that takes depends on how busy the particular court is. 

LeBronTHYP

And it's the county court, @DullGreyGuy. The nearest court is a combined court with quite a few courts, family courts, etc., in the same building. Thanks.

DullGreyGuy

LeBronTHYP said:

And it's the county court, DullGreyGuy. The nearest court is a combined court with quite a few courts, family courts, etc., in the same building. Thanks.

It will be the Civil Court within the County Court

LeBronTHYP

Do you post it or email it in, how do you make payment - phone and pay?

Thanks

@DullGreyGuy

DullGreyGuy

Payment can be a cheque enclosed with it payable to HM Courts and Tribunals Service else enclose a letter asking them to call you (which may be easier given I'm not positive on the charge)  to make payment by card over the phone. 

I've always submitted filings physically, dont know what the courts will accept digitally when not going via MCOL and the other portals. 

LeBronTHYP

Hi Thank you, i emailed the court with the filled PDF and they phoned back and took payment.

Thanks for the advice, fingers are crossed funds are in the account.