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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a court order on a small company and I think they

Resolved Question:

I have a court order on a small company and I think they just to not believe they should pay the debt and are just not cooperating. Letters to the registered address are just being returned 'gone away' but I see the director has another address at Companies House which is the 'address for service'.
How should I proceed?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long has the money been owed to you?

Customer: replied 11 months ago.

The order was issued at the end of June 2016, for £960.

When I emailed a scan of the order to the director all I got was abuse. But that indicates they (now at least) know of the order. SA

Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. Assuming that this was a limited company then your rights are against the company itself, as it is its own separate legal entity. In other words you cannot pursue the directors personally for this debt. Now that you have formal court judgment in your favour, you can consider taking enforcement action against them to try and pursue them for payment of the debt.

There are various options open to you, a list of these can be found here:

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

If you have had no luck with the original correspondence address and you know of another address where those in charge of the company receive correspondence then you may indeed try and use that for future letters. You may also try and deliver these personally or use a process server to deliver them to the individuals on your behalf, although that would be for a fee.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.

Yes, I suppose the question was more about how do we get the company to update its actual address (at companies house) or get the court to use a more practical address?

Expert:  Ben Jones replied 11 months ago.

Ah ok sorry for any misunderstanding. A director has a legal responsibility to keep up to date information about the company they are a director of, such as when their registered office address changes. If you have evidence that this has not been done you can ring this to the attention of Companies House. If they do not comply with their requirements as a director then CH can take further action if needed. As to the court, you can write to them to point out the issues with the current address and provide evidence that shows the correspondence is not getting through there. If you then have other addresses, again with proof that they can be linked to the company, you can write to the court to bring these issues to their attention and see if they are willing to change the service address. Hope this clarifies?

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