Transfer up a judgment to the High Court for enforcement

Hi, I'm not sure this is under the correct forum.

I recently won a court case which I instigated, the defender didn't turn up to court, however I still had to plea my case, I did this and won a judgement of just under £3000.
The other side had 14 days to pay this money, and on the 12th day they contacted me for the courts phone number and the claim ref because they had thrown it away (this is a limited company).

Not surprisingly they failed to make the payment, I am sure they have no intention however I want to move this to the High Court for collection because I have been advised they have more clout than the local salaried bailiffs.

My question is - is this something I can instigate or do I need to go through a solicitor, when I spoke to the court the lady advised I needed to put this to a solicitor, however it is just costing me more money and I'm not getting anything back.

Thanks in advance.
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Comments

  • Let me know what episode of "Can't pay, we'll take it away" you will be on :beer:
  • cono1717
    cono1717 Posts: 762
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    Have a look at https://thesheriffsoffice.com/articles/transferring_up_-_a_guide

    Alternatively if you'd like to use the people in Can't pay we'll take it away, https://dcbltd.com/high-court-enforcement/money-order-judgement-ccj/
  • karxlee
    karxlee Posts: 31 Forumite
    Hi

    So I instructed the company off the TV to uplift this to the high court, which they did. They went round to the unit to recover assets however no-one was in, they contacted the owner at 9am who was drunk, and became hostile. Once they calmed him down the owner of the business advised he has wound his company up and re-open it in a new name, which is basically a slight amendment to his original name.
    So it looks like I wont be getting anything, which is really unfair. It seems this is something this business man has done before.

    Basically don't pay what you owe, change your name instead.
  • hollydays
    hollydays Posts: 19,812
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    Time to name and shame here perhaps
  • BoGoF
    BoGoF Posts: 6,965
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    Was it a Ltd company?
  • If it is simply a case of assets being moved from one company to another to avoid payment, the answer is very simple.

    You simply sue the director personally, and send the bailiffs round to his home address once you get a judgment.

    The Insolvency Act allows you to do that. See http://www.legislation.gov.uk/ukpga/1986/45/section/423.
  • karxlee
    karxlee Posts: 31 Forumite
    Hi

    Well he's done it, he has dissolved his company ECLIPSE TINTING AND VEHICLE WRAPPING LIMITED - based in Blackpool as of the 19th Dec.

    He is still using his old website which is using the name above, however his facebook page has changed to Eclipse Window Tinting, Wrapping & Tuning Ltd.

    His home address was his Dad's house who has just sold, so he's now moved into his girlfriends house, which means he has no assets and no intention of paying a penny he owes.

    It seems so unfair that people can just close companies down to dodge paying CCJ's. So it's clear the CCJ he got under his old company won't follow him to his new company.
  • karxlee wrote: »
    It seems so unfair that people can just close companies down to dodge paying CCJ's. So it's clear the CCJ he got under his old company won't follow him to his new company.

    The fact that companies have limited liability is the whole purpose of companies existing in the first place.

    However, when companies are wound up, the law requires that company assets are used to pay creditors.

    If company assets were not used to pay creditors in blatant disregard for insolvency law, you simply bring a new claim against the director personally.

    It is very easy to do. Simply bring a new claim against the director personally based on the old CCJ, stating that he moved assets out of the old company to avoid paying creditors, and refer to s423 of the Insolvency Act 1986.

    Getting a CCJ against this person is probably going to be easy enough. But if he is living at his girlfriend's and doesn't have any money enforcing the CCJ would still be a challenge. Even HCEOs can't get blood out of a stone.
  • karxlee
    karxlee Posts: 31 Forumite
    Thanks for the quick reply,

    You're right "HCEOs can't get blood out of a stone"

    I think he will have gotten rid of all his assets -if he had any in the first place - he hasn't got his own property.

    It's just so wrong, other than asking him on his facebook page why he wont pay his debt for poor workmanship there's nothing much I can do.
    I came across a really poor review 'after' I had the misfortune of paying him to do a poor job.

    Hindsight is a great thing, and just hope nobody else loses out like I have.
  • Hi, I’ve been given a default judgement against a tradesman who did a bad job, blamed it on somebody else,then disspapeared leaving my house in a complete mess. I emailed my concerns and asked him to resolve. I posted letter before action. No response. Claim was issued. No response. Now I have the judgment. Today I drove past the address he is linked to through disssolved businesses on companies house, but saw his vehicle parked at house on the opposite side of the road (literally less than a minutes walk away). Further digging today and discover he now lives at the address on other side of road. So, my two questions are:
    1) Can I send a HCEO to the newly discovered address or do I need to start the claim again?
    2) I know that he either contracts or is directly employed by another business now (but the work he did for me was just in his name). So, would I have more succcess requesting a third party debt order against this other business, or better to go down the HCEO route? Thanks for any advice.
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