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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15409
Experience:  Senior Associate Solicitor
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Story short, referring to the previous advice You gave me, I

Customer Question

Hello again :)
Long story short, referring to the previous advice You gave me, I decided to make a small claim against that IT startup company that hasn't paid me (3600 £)
And I totally forgot about it till yesterday when I was cleaning my desk :)
So current status of the claim is as follows :Your judgment against TRIDENT WORLDWIDE LTD was issued on 20/10/2021 at 19:07:02Which I presume means that I won ? 'Issued' means that the judge has decided ? I am attaching that pdf for You to have a lookAnyway it doesn't change anything cause they still haven't paid me yet ...
So I've gone through some guide which I found on gov.uk with the next steps which refers to 'enforcing the judgment' and there are a few options to choose from.
My question is what would you advice to do now ?
I personally like the option when they block money on their account - seems the most reasonable but no idea how long it takes and if I can go for it ...Kind Regards
Aleksandra
Submitted: 8 days ago.
Category: Law
Customer: replied 8 days ago.
one more thing - bare in mind that they(that IT startup company) are dodgy as f, sneaky and probably have done it before many times ... so we don't really want to be nice either we our actions :P and they are about to close the whole thing as well ...
Expert:  Virtual-mod replied 7 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 7 days ago.
Hello
I am happy to wait for the same guy I was talking with previously (Ben Jones)
Cheers
Customer: replied 7 days ago.
I would rather wait for somebody who is fluent in small claims process (in UK law) and know it from experience, than have a superficial answer copy pasted from gov.uk or something similar that I can also read online :)
Expert:  JimLawyer replied 7 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 7 days ago.

Yes, the judgment being made by the court means you won either at a final hearing or by default - the latter would be if the defendant failed to respond to the court proceedings in time for whatever reason.
I would go with either a transfer to the high court which costs under £100 (so that you can use the high court enforcement officers - who have far greater powers than county court bailiffs - they can seize entry to premises, seize anything of value and sell at auction to repay you), or you could apply to wind up the limited company - which is useful if the company has assets (you would need to check their accounts on the companies house website).
At this stage I recommend the first option - you do have up to 6 years to enforce and I would try this company who simply adds their fee to the existing CCJ amount: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/
Your suggestion for a bank account freeze is a good one - but it only works if they have money in their account and they are not in an overdraft - it also only works on one day.

Expert:  JimLawyer replied 7 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,

Jim

Expert:  JimLawyer replied 7 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 7 days ago.
Hello :)
Thx for the replay - Ok so the company is an IT start-up but all employees were working remotely and most as contractors - i think only customer service (4 people ) were given normal employment contracts.
I am saying that casue that means that there is no real office and probably no company assets like laptops, monitors etc - I don't even know if their company address isn't just a sort of 'fake' one used only for receiving letters or setting up a company
Customer: replied 7 days ago.
how that High Court Enforcement people will deal with that case then ?
Expert:  JimLawyer replied 7 days ago.

Hi, they would attend the registered office address - please click this link :

https://find-and-update.company-information.service.gov.uk/company/10772380

Expert:  JimLawyer replied 7 days ago.

The other option to wind up the company would be an option too, thanks

Customer: replied 7 days ago.
ah so it's not just a 'mail box set up ' it is a real office ?
so I am curious what happens when if I choose option no 1 - how long does it take them to take any actions ?
also what will happened if lets say in a month they will go off the market (or declare bankruptcy) ?
Expert:  JimLawyer replied 7 days ago.

Yes, a limited company must have a registered office address. It depends on the court and how busy they are - I would say if you instruct them today they will send someone out in the next 14 days but you would have to ask the company.

The company can apply to dissolve but the Gazette gives 2 months notice to allow anyone the company owes money to, to object to the dissolution. So you would be fine.

Customer: replied 7 days ago.
oh that sounds almost too easy :P i think in that case i will do it even today
btw on their website they say they need a sealed judgment (CCJ) - is that something I can download from that money claim website ?
Expert:  JimLawyer replied 7 days ago.

Yes, it should be uploaded on there now or very soon. The court also posts a copy to you so you should receive it early next week

Expert:  JimLawyer replied 7 days ago.

I hope that helps, let me know if you have any other queries.
Have a good day,
Jim

Customer: replied 7 days ago.
how that document should look like ? I can show you the only one that I can download currently when i log in to money claim portal, which well doesn't say with big shiny letter that this is CCJ ....
Expert:  JimLawyer replied 7 days ago.

No, it would say "Judgment" and it will say the amount to be paid, by a certain date (14 days) - you would need to wait until the 14 days is up before you can enforce it.

Customer: replied 7 days ago.
but the judgment was issued month ago wasn't it ?
Customer: replied 7 days ago.
they say Issued but it means - 'wait a month longer' :P ?
Expert:  JimLawyer replied 7 days ago.

OK, in that case the court should send you a copy - you can call the court and ask them to send it by email if that helps

Customer: replied 7 days ago.
ok cool I'll do that :) it's just weird it's not in the portal ...
so which email address shall i use ? no contact details anywhere on that website ...
Expert:  JimLawyer replied 7 days ago.

The email address is on there - you can use both. In the subject line of the email if you put your name and the defendant's name, and the claim number.

Expert:  JimLawyer replied 7 days ago.

Hopefully I have answered the question about enforcement of the CCJ - let me know if you would like me to clarify anything and I would be happy to do so.
Thanks

Customer: replied 7 days ago.
great thx!
ok so summing it all up, I need to get that CCJ first, and then I am good to go to use
https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/
right ?
Customer: replied 7 days ago.
sounds like a plan :) I'll keep You updated :)
Expert:  JimLawyer replied 7 days ago.

Yes, that's it - they should succeed in getting the money back for you

Customer: replied 7 days ago.
sorry, could I have one more question :) - I am looking at that High Court transfer form
which transfer shall I use ?
Full transfer or
Partial transfer ?
Customer: replied 7 days ago.
hmm full transfer sounds good I guess
Expert:  JimLawyer replied 7 days ago.

Full, so they do all the forms for you, thanks

Customer: replied 7 days ago.
Perfect thanks :) Lovely talking to You btw :)
Expert:  JimLawyer replied 7 days ago.

My pleasure, and you too, thanks