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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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I have submitted a county court judgement using money claim

Resolved Question:

I have submitted a county court judgement using money claim online for an outstanding debt of less than £5000 from a limited company. They haven't paid, what can I do next?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.

Alex J. :

Hi, Thank you for your question and welcome my name is ***** ***** I will assist you.. Have you been given a judgment in your favour from the court?

Customer:

Hi Alex, The judgement entered was done through money claim online and I have heard nothing since. I spoke to one of their support staf who suggested waiting 30 days to allow them time to pay and still be able to clear the CCJ from the register. I have done this and the 30th day is today. I informed the defendant of the proceedings. The defendant has not opposed the claim and I have emails suggesting payment dates to pay the money

Alex J. :

Hi, Thank you. You have various enforcement options:

Alex J. :

1. You could seek an execution order and send the bailiffs around; or

Alex J. :

2. You could issue the company with a Statutory Demand. This would give them a penal notice of 21 days in order to pay the money owed. If they did not pay you would be entitled to issue winding up proceedings against the company. This would obviously put huge pressure on the company to pay.

Alex J. :
https://www.gov.uk/statutory-demands/overview

Alex J. :

I look forward to hearing from you.

Customer:

Thank you for your response. I've looked at the the companies house listing and they appear to have a Voluntary Arrangement in place. My latest check (this morning) on duedil.com shows them as in receivership. This is news to me, and may mean I've already lost my money. Based on this new information, would it be worth issuing a statutory demand?

Alex J. :

Hi, Thank you. Probably not if they are in an insolvency procedure (administration or liquidation) then you should contact the administrator or liquidator and submit your proof of debt. You may then at least get some of your money back.

Alex J. :

Kind regards AJ

Customer:

Thanks Alex. I've spoke to the administrators and they appear to be trading as normal. The Voluntary Arrangement was in place up until Sept 2013 so I may still be able to pursue my claim by issuing a Statutory Demand.

Customer:

Thanks for your help, it's helped me get one step closer.

Alex J. :

Hi, Thank you. I would recommend that you check first with the administrator whether it is likely that your debt will be paid. Kind regards AJ

Customer:

Hi, they have passed my details on to the case executive. I believe they may contact the defendant in relation to my claim, which may prompt payment if I'm lucky. I will contact them again later this week to see if there has been any change in circumstance and to ask if the defendant is able to pay their debts. Kind regards PL

Alex J. :

Hi, Please let me know if you have any follow up questions. I would be careful about spending too much time and money chasing a company in administration, generally companies in administration only take one exit which is liquidation. I would be most grateful if you have a moment to rate my answers. Kind regards AJ

Customer:

Hi Alex, Yes I understand the need to not throw too much time/money at this, but it's a large amount for a small company so needs must. I shall be better prepared in the future. Thanks for all your help. Kind regards, PL

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