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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. The form N225 was submitted to both first and second

Resolved Question:

Hello. The form N225 was submitted to both first and second defendants on 01/12/14. The second defendant (Limited Company) now has a CCJ recorded as being issued on 10/12/2014. The value of the claim is for £13,907.
I have received no communication from the defendants.
Could you please advise on the course of action.
Kind regards
Pete
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for the question.

Alex Watts :

Have you entered Judgment for the First Defendant also?

Customer:

yes

Alex Watts : Ok. Do you know if they have any assets or property?
Customer:

First defendant. An accountant who rents and has an old car, but can holiday in Tobago every year as divulged by him to me and also by his Facebook pages. Assets unknown.

Second defendant. A limited company which the first defendant is director of. The limited company presented several months ago a very ‘Micky mouse’ P&L to me which from memory purports that the company is worth something in the region of £35,000, of which some £16,000 or so is associated with the purchase of a piece of land. I am dubious about the validity of this P&L and also as the first defendant would certainly have seen what is coming the likelihood is that he would have embarked on an asset stripping exercise of the second defendant.

Alex Watts : Ok. You have 2 choices. Transfer the matter to the high court which is about £60 and send in high court bailiffs.
Alex Watts : or you could make or one of them bankrupt.
Alex Watts : This is more costly and may cost you around £1500 or so for the court fee and official receiver deposit.
Alex Watts : First I would transfer to the high court and send in bailiffs.
Alex Watts : If that does not work I would consider making bankrupt.
Alex Watts : You can also get an order to obtain information, so they have to go to court and are meant to disclose all assets and income
Alex Watts : The cost of that is £100 if I remember
Alex Watts : Can I clarify anything for you about this today please?
Customer:

With regards ***** ***** first option - bailiffs. Is this £60 per defendant? Is this a physical activity of removing goods? If so I doubt that either defendant would have anything of significant value in order to cover the claim.

Customer:

With regards ***** ***** court order to obtain information on assets / income. You say that they are meant to disclose such information. What if they do not disclose this ie savings or indeed lie about this.?.

Alex Watts : Yes £60 per D. Bailiffs go along and seize goods.
Alex Watts : if they don't disclose information it's potentially contempt of court.
Customer:

The Bailiffs would be a 'nuisance' option for me. Is there not some rule where the amount of my claim is over a financial threshold to allow the bailiff route?

Customer:

I presume that the bailiff will only seize high value items as it wouldn't be allowed to strip the defendants of everything?

Alex Watts : Yes £600 for high court bailiffs
Customer:

The defendants have stolen this money from an aged lady and I want him/them exposed.

Alex Watts : The bailifds have rules about what they can and cannot take.
Customer:

so for £120 I may be able to obtain £600 is that right?

Alex Watts : No, for £120 the bailiffs will attempt to recover the full amount
Alex Watts : Its £600 minimum debt to transfer to the high court
Customer:

If the defendant(s) are potentially in contempt of court this would never be proven unless there is a mechanism for researching the defendants 'real' financial / asset position. Is this something that can be done?

Alex Watts : Yes and then make the court aware
Customer:

sorry, what does "Its £600 minimum debt to transfer to the high court" mean?

Alex Watts : If it's for £550 you can't get high court bailiffs involved. It has to be a minimum of £600
Customer:

So I pay £120 and the bailiffs within their guidance rules go to each defendant and seize goods as much as they can to the value of the claim? So if a defendant is living with a partner and claims that the item to be seized is owned by the partner or jointly owned then the bailiff will presumably not touch that? Is that right?

Alex Watts : Correct
Alex Watts : but they will have to prove ownership
Customer:

So how does one officially go about investigating the private finances of someone? Presumably through the courts?

Customer:

With regards ***** ***** bankruptcy route, does the cost of this exercise get added onto the claim amount?

Alex Watts : yes cost gets added for bankruptcy
Alex Watts : save for an order to obtain information that is all you can do
Customer:

so unless there is police investigation to investigate financial worth it is whatever the defendant is prepared to divulge?

Alex Watts : yes.
Alex Watts : or you have evidence of other property or bank accounts
Customer:

Ref proving ownership. So say there is a TV, its a couple of years old and they don't have a receipt. The partner is adamant that it belongs to her (she brought it with her) She cant prove it is hers. she says it will be on a bank statement that she will have to get from her bank. So will the bailiff definitely take it or give her the benefit of the doubt?

Alex Watts : I can't say, I am not a bailiff
Customer:

ok what are the guidance rules that they need to comply with regarding seizure of goods. is there a document you can point me to?

Alex Watts : https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits
Customer:

regarding assets. The defendant shared with me on a P&L (in writing) that the defendant owned a piece of Land (this would cover the claim). I am dubious that this is actually the case. So I go down the bankruptcy route and this proves to be non existent or indeed the land together with other financial assets has been stripped. So presumably the defendant is made bankrupt and the claimant has a moral victory. What is the outcome of bankruptcy is there an order for the defendant to pay £x per month back.

Customer:

Accepting that the money will not be retrievable to any great extent, my objective is to stop him doing this to other vulnerable individuals.

Customer:

I guess its whether I want to sink another £1500 into this to see him pay up or become bankrupt, most likely the latter will happen.

Alex Watts : Sadly I can't answer that fir you, this is a commercial decision only you can make.
Customer:

When the court issue the defendants with the paperwork that the court found in favour of the claimant what would they receive. Should I have a copy? What is the format does it tell the defendant(s) to pay the amount due and give them a specific date to do this by?

Alex Watts :

They will get a Judgment which sets how much they are to pay and when by

Customer:

so how do I know when the deadline is? I submitted the N255s on the 01/12/14

Alex Watts :

You will get a copy of the Judgment

Customer:

Think I have that, which then invited me to submit N255s. but how long do the defendants have to pay up after this. Has a reasonable time now passed so that I can take my next step?

Alex Watts :

It depends on what the Judgment says. If you have selected immediately then you can take enforcement action straight away

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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