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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A portoguese company owes my company a large debt. If i gain

Resolved Question:

A portoguese company owes my company a large debt. If i gain control of their goods, could i legally use that to settle their debt to me. It seems they are not paying others, but have not declared bankruptcy. The stock is in the UK.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How much is owing please?Alex
Customer: replied 1 year ago.
Over 50000 gbp
Expert:  Ash replied 1 year ago.
You would need a Court order to obtain control of their goods. You cant just seize them, you are not a bailiff.Its not as if you would have lien, if you did then you could levy that. For example a garage that has supplied parts to be fitted to a car, if the parts are not paid for there is a legal lien.But you would need to apply for a Court order to seize control of the goods and the Court would only do that with a County Court Judgment.Therefore you need to get a valid CCJ against the company. Even though they are abroad you can do this by using form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfOnce you get Judgment then you can get a writ of control, which means a bailiff can seize goods to sell etc.Can I clarify anything for you about this today please?Alex
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