Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • karxlee
    • By karxlee 23rd Oct 17, 9:32 PM
    • 31Posts
    • 13Thanks
    karxlee
    Transfer up a judgment to the High Court for enforcement
    • #1
    • 23rd Oct 17, 9:32 PM
    Transfer up a judgment to the High Court for enforcement 23rd Oct 17 at 9:32 PM
    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.
Page 1
    • stuartJo1989
    • By stuartJo1989 23rd Oct 17, 9:54 PM
    • 446 Posts
    • 476 Thanks
    stuartJo1989
    • #2
    • 23rd Oct 17, 9:54 PM
    • #2
    • 23rd Oct 17, 9:54 PM
    Let me know what episode of "Can't pay, we'll take it away" you will be on
    • cono1717
    • By cono1717 24th Oct 17, 8:58 AM
    • 692 Posts
    • 488 Thanks
    cono1717
    • #3
    • 24th Oct 17, 8:58 AM
    • #3
    • 24th Oct 17, 8:58 AM
    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
    • By karxlee 29th Nov 17, 8:34 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    • #4
    • 29th Nov 17, 8:34 PM
    • #4
    • 29th Nov 17, 8:34 PM
    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
    • By hollydays 29th Nov 17, 8:40 PM
    • 16,165 Posts
    • 12,206 Thanks
    hollydays
    • #5
    • 29th Nov 17, 8:40 PM
    • #5
    • 29th Nov 17, 8:40 PM
    Time to name and shame here perhaps
    • BoGoF
    • By BoGoF 29th Nov 17, 9:01 PM
    • 3,273 Posts
    • 2,603 Thanks
    BoGoF
    • #6
    • 29th Nov 17, 9:01 PM
    • #6
    • 29th Nov 17, 9:01 PM
    Was it a Ltd company?
    • steampowered
    • By steampowered 29th Nov 17, 9:56 PM
    • 2,675 Posts
    • 2,608 Thanks
    steampowered
    • #7
    • 29th Nov 17, 9:56 PM
    • #7
    • 29th Nov 17, 9:56 PM
    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
    • By karxlee 18th Dec 17, 8:49 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    • #8
    • 18th Dec 17, 8:49 PM
    • #8
    • 18th Dec 17, 8:49 PM
    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.
    • steampowered
    • By steampowered 18th Dec 17, 8:57 PM
    • 2,675 Posts
    • 2,608 Thanks
    steampowered
    • #9
    • 18th Dec 17, 8:57 PM
    • #9
    • 18th Dec 17, 8:57 PM
    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.
    Originally posted by karxlee
    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
    • By karxlee 18th Dec 17, 9:13 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    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.
    • Slippers124
    • By Slippers124 28th Dec 17, 5:58 PM
    • 7 Posts
    • 0 Thanks
    Slippers124
    Hi, I!!!8217;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.
    • Greta Sharbo
    • By Greta Sharbo 28th Dec 17, 6:01 PM
    • 210 Posts
    • 214 Thanks
    Greta Sharbo
    You would be better off starting a new thread.


    Edit: I didn't necessarily mean on a different board. Consumer rights board would have been fine for it
    Last edited by Greta Sharbo; 28-12-2017 at 6:24 PM.
    • karxlee
    • By karxlee 29th Dec 17, 9:12 PM
    • 31 Posts
    • 13 Thanks
    karxlee
    Hi, I!!!8217;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.
    Originally posted by Slippers124
    Was he a sole trader or a Limited company? If he has dissolved the company then I'm afraid there is nothing you can do, you cannot make a claim against his new company (if he has one) because they didn't do the work on your house.


    When I took ECLIPSE TINTING AND VEHICLE WRAPPING LIMITED to court, I took the company not the address, however my issue was the owner has tried to dissolve the company without paying his debts, which the HCO advised this is something they do all the time and there should be a law against it.

    What I have done now is put a request in to stop him being allowed to dissolve his company. This was advise i was given from the HCO.

    I'm in the same boat as you, I came on here looking for advise as I don't have a legal background.

    I hope someone can help you more.
    • karxlee
    • By karxlee 28th Jan 18, 9:18 AM
    • 31 Posts
    • 13 Thanks
    karxlee
    Quick update:

    ECLIPSE TINTING AND VEHICLE WRAPPING LIMITED based in Blackpool submitted their request to dissolve their company, however I have successfully submitted my own request to stop them from doing this, as they did not follow the correct process, they should have notified me they were intending on closing the company own, because they owe me money - they didn't !

    So I filed an objection and it was agreed to place their request on hold for 3 months. Which if achieves nothing else but frustrate them then I'm fine with that, what it does for me is it allows the HCO to continue to chase him for the money they owe me.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

320Posts Today

3,790Users online

Martin's Twitter