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LegalNinja
LegalNinja, Solicitor
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Experience:  Solicitor
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I wanted advice on next steps of an unpaid CCJ Assistant:

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I wanted advice on next steps of an unpaid CCJ
Assistant: Where are you? It matters because laws vary by location.
Customer: north London Enfield
Assistant: What steps have you taken so far?
Customer: So I received the CCJ, I hen sent court bailiffs to the defendants house, that didn’t work so I sent a bailiff company to the defendants house No result
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nope

Hi there

I will be assisting you.

Customer: replied 18 days ago.
Creditor

Thank you for confirming.

So are you looking to know the various other options available to you?

Customer: replied 18 days ago.
I am
Customer: replied 18 days ago.
Just to add that he CCJ is actually in the defendants company name. So the bailiffs explained there was no assets to seize as they were in his personal name

OK sure,

You have a county court judgment for costs so you have a legal right to enforce it. You would need to fill out one of the forms below with details of your costs order.

The enforcement methods are as follows :

1. Apply to court to order they attend and confirm what they can pay. You do this by filling in and sending form N316 with fee of £55 payable to HMCTS:

(https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning)

2. Instruct court bailiffs to attend and collect. Fill in and send form N323 (https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control)

A fee of £77 is payable to HMCTS.

Alternatively you can apply to transfer the CCJ to the High Court so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

3. Apply to freeze the Company's bank account and the court orders the funds to repay the CCJ :

(https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order).

£110 fee payable.

4. Apply for a charging order on a property so the money is repaid when the house sells:

(https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73).

£110 fee payable.

I see, does the company have a registered office?

Customer: replied 18 days ago.
Yeah I did get him court enforcement officers to execute the warren
Customer: replied 18 days ago.
No it was a small family business
Customer: replied 18 days ago.
They did advise to change the CCJ to his name however I have incurred a massive amount of costs sending bailiffs. I want to know if it is worth going back to court

Why don't you try option 3. This will probably be the better option as surely the business will have business accounts.

OK, well the Court will not transfer the Judgement without a good reason. If the agreement was with the Company, the Court will be likely to refuse such a request.

Simply because you are unable to enforce the debt due to the Company having no assets is insufficient.

Customer: replied 18 days ago.
I don’t actually think the company is even registered. I’ve tried to google it and I get nothing.

What is the name, I will try find it for you.

Customer: replied 18 days ago.
Xpert motors

Where are they based?

And the name of the chap?

Customer: replied 18 days ago.
It was at is house in edmonton,london

Whats the name of the guy from the business? He may be a Director.

Customer: replied 18 days ago.
Sheikh Abdur Rahim
Customer: replied 18 days ago.
He said it’s as a family business that sold cars
Customer: replied 18 days ago.
He provided a receipt etc. Which is why I was able to take it to court. Instead of it being a private car sale

Is this it:

 

https://beta.companieshouse.gov.uk/company/11976088

Customer: replied 18 days ago.
I have his driving license. The bailiff sent me a picture of it

OK, did you see the link I have sent?

Customer: replied 18 days ago.
That person has the same date of birth as him. It’s listed 14/09/1991 on the license
Customer: replied 18 days ago.
Yes I did

Well that is a good find...

Customer: replied 18 days ago.
I think he has changed the company
Customer: replied 18 days ago.
That address isn’t the same on his license but from what he told me, it was his parents family home. Not far from the address online

Yes, you may wish to investigate this further.

Customer: replied 18 days ago.
How would I go about that ? Booking an appointment to view a car

This may be the actual company he is trading from but using Xpert motors as another name.

Yeah that would be a clever option.

Customer: replied 18 days ago.
So if the case is that he has changed companies.
Customer: replied 18 days ago.
What are my options ?

Bare in mind, bought this car 5 years ago.

I don't think so because it is not recorded at Companies House. He may just be using this name generally.

What information is on the invoice? Does it just say Xpert motors?

Customer: replied 18 days ago.
Yes

It appears that he may be a sole trader thus personally liable.

You would either need to issue new proceedings or make an application to Court to change the Defendant.

Customer: replied 18 days ago.
Yes I thought I’d might have to go back

There is no other company registered under his name.

Customer: replied 18 days ago.
But

Yes, that may have to be the case.

Customer: replied 18 days ago.
Okay so SAR cars ltd, is under his name
Customer: replied 18 days ago.
Could I take him personally to court as he is a sole trader ?

It's under his name but he may not have sold you the car under this company. You should check the invoice if there is any mention of SAR Cars Ltd anywhere.

For the avoidance of doubt, you can make an application to Court for him to give information under oath.

Customer: replied 18 days ago.
Ok I will check the invoice. If here is no mention of SAR cars ltd, then I can ask for information under oath
Customer: replied 18 days ago.
what would I need from the information

Here is guidance on this:

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

It will clarify your query.

Customer: replied 18 days ago.
Ok thanks
Customer: replied 18 days ago.
So in the event he provides the information

Sorry one moment.

Customer: replied 18 days ago.
im still upset at the amount of money I have spent trying to get the money back in the first place. Could I then go through court proceeding again ?

Please accept my apologies, I sent the wrong link, this is the correct one:

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71

You can do this. I do appreciate the financial strain but this is the process you must follow. You will be entitled to recover costs but if your case is valued under £10,000, then please be advised that neither party is entitled to recover their Solicitor's costs if they use a solicitor, no matter if they win or lose.

Is there anything else I can help with today?

Customer: replied 18 days ago.
That is fine regarding solicitor costs but with reards to money spent receiving the money. As it is not stated on the original CCJ. He wouldn’t have to pay this
Customer: replied 18 days ago.
So is it worth getting another CCJ

It would be added to the judgement debt but only against the Defendant company which they may not even pay.

To make sure you are doing everything correctly, I would advise a personal appointment with a solicitor, hence, why a local solicitor is ideal, to allow you to see the solicitor in person and to explain all the intricacies of your case. I would ask for a free interview with your local solicitor and also to see if they are prepared to work on a "fixed fee basis" to help you. Fixed Fees we will at least give you certainty in terms of cost and also allow you to budget for the litigation.

It may be the case. I would first investigate the company information I sent to see if that is the same guy then take it from there.

Customer: replied 18 days ago.
Yes. That sounds like a good idea
Customer: replied 18 days ago.
Thanks so much

It's a pleasure.

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time. All the best. -LN
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