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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am seeking to enforce 2 CCJs against a limited company (total

Customer Question

I am seeking to enforce 2 CCJ's against a limited company (total value £17,000). I am pursuing 2 actions at present (get an officer of debtor into court for questioning and a third party debt order).

The third action I am considering is instructing the sheriff but as the 2 trading offices of the company have little value in the way of furniture or computers (construction company and plant hire business) that there might be greater value in the contents of the paperwork rather than the filing cabinet itself. The sheriff state that this is possible but they would need a specific court order.

Question - is there a specific court form or does this have to be drafted bespoke? and if drafted bespoke, can you please provide a suggested wording?

Look forward to hearing from you

John Bristow
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Are you using the High Court Bailiffs?

Kind regards

AJ
Customer: replied 2 years ago.
No instruction given yet, considering all options, it is called the sheriffs office and I understand that they apply to lift Cajun to high court status.
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Do you have any idea what is in these papers that has any value?

Also is the company still trading?

Kind regards

AJ
Customer: replied 2 years ago.
The company has a strike off application pending which is started by companies house for failure to submit accounts which show a £150k trading profit.

The 2 premises one is owned by father with extensive plant hire equipment but eh bank roles business but is not a director. The son runs business but is not a director and is an investor. The other premises is owned by the son. Both premises are freehold worth excess £1m plus each.

The paperwork will have details of work undertaken and money due etc, yes it is a bit of a fishing exercise, but if an unpaid invoice can be identified then a third party debt order can be applied.
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The first thing you need to do is write to companies house and stop the strike off procedure.

What you are talking about is seeking to seize information regarding the book debts is that correct? If you are seeking a third party debt order this would have the effect of having the book debts be paid to you potentially anyway.

Is this not information that you can obtain by examining the direct of the company.

I look forward to hearing from you.

Kind regards

AJ

Customer: replied 2 years ago.
I have written to companies house and maintaining correspondence with them.

I have had the officer in court previously where he failed to produce any documents but did produce very selective documents and for short periods of time (3 months bank account and draft accounts which were not filed).

The purpose of the file seizure is to get the truth from the company as they will not provide this and cannot be believed, it will disrupt their business and might cause them some problems. This is the aim.

The third party debt order is a subsequent action if there is something to go after.

Regards

John
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Do they have any assets please?

Customer: replied 2 years ago.
The simple answer is I do not know. I am aware from their bank statement that there was a sale of a property (deposit was received) but the statements of when completion took place were not included.

If there were assets then I would prefer to attach a charge upon it/them, the take paperwork is the only route that I can think of that would allow be to acces the true position, and be a pain in the backside to them!

The more I consider the sheriff route the more I like it, as it is direct. If you could let me have a guide or wording for a court order?
Expert:  Ash replied 2 years ago.
Its not a matter for you.

The Sheriff can seek to charge any and all assets. You can't ask for specific items. It is just a general charge.

It is then a matter for the Sheriffs on what to place a charge. You can write in a covering letter that you want them to charge the contents. If the contents are seized then you be able to 'buy' those contents.

But the contents dont automatically become yours.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

I am sorry I do not believe that you have addressed the issue here. I have spoken with the Sheriffs office who have informed me that they require a specific court order to act upon. They tell me that I require an 'Order of Delivery' to be converted into a Writ of Control. Please confirm.


 


If so, what I require is a wording for the Order of Delivery.


 


What I am seeking from the Judgment Debtor is that they either deliver or the Sheriff seizes from there various trading addresses all relevant documents. Such documents would include bank statements, invoices issued (paid and outstanding), contracts undertaken and payments due etc.


 


Regards


 


John

Expert:  Ash replied 2 years ago.
Any specific paperwork?

Customer: replied 2 years ago.

That is the problem, if i knew specific and that it had value I would have pursued third party debt order. It is ALL paperwork that relates to client works undertaken by judgment debtor - including bank statements, contracts of work, invoices paid and submitted and to be submitted. I do not have any specific contract as the debtor has withheld that information.


 


regards


 


john

Expert:  Ash replied 2 years ago.
You are asking for an order that the debtor do deliver up any and all paperwork that relates to any and all works undertaken by the judgment debtor.

That is the wording.

Does that help?

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.

Hi Alex Watt

I have submitted application to court so waiting on response before I know if I have finished or not.

Regards

John

Expert:  Ash replied 2 years ago.
Ok,

Alex

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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