How to execute warrant?

[endorfin]

Hi

 

Not sure this is the right section to post my query I'm a bit overwhelmed with the amount of categories here!

 

I've recently won a small claims court against an independant courier company. Briefly I used them to ship a large LCD tv that I sold on ebay to the winning bidder in 2007 & took out insurance. The TV arrived smashed & I put in a claim with the courier company but for some reason the claim was taking an extraordinarily long time to be settled each time I would ring & speak to the person dealing with the claim he would say that the insurance were still processing it, despite the insurers never having contacted me. This went on for months until one day I was told that the employee had left the company & they claimed no knowledge of my case. I entered into email correspondence with them whereby they promised to look into it but never got back to me. I had no option in the end but to initiate a small claims case against them which I eventually won, the director turned up at the 1st trial date claiming it had 'come out the blue' despite my having all the paperwork to show I had been in correspondence with the company he asked for an adjournment & then he didn't bother turning up at the 2nd trial so it was found in my favour.

 

I won the case on 7th July & they were given 7 days to pay by the court. I have heard absolutely nothing. I rang the company a couple of times and spoke to their secretary who said she would pass on my messages & ask the director to get back to me but still nothing.

 

I have now sent a letter saying I am giving them 7 days to pay or I will execute a warrant. They have until Thursday 20th August to send full payment.

 

What I'd like to know is how to go about executing a warrant if they don't pay up. I don't expect to hear from them as my experience with them is they seem to just ignore everything in the hope that it will go away. The judgement amount is £1759 and the company is a limited company registered with companies house, established in 1991. What are the bailiffs chances of getting this money back from them? I seem to recall reading somewhere that they cannot remove goods that are needed to run the business, which I presume could apply to practically everything in the business! Also do I address the warrant to the limited company or to the director?

 

My other concern is that I am going abroad in September for up to 6 months so if I execute the warrant now, will this cause problems for me?

 

Any advice appreciated! I've never been very lucky with regards to things like this, the only other court case that had a favourable result was when my ex neighbour pleaded guilty to vehicle theft of my van & its contents (he sold it for scrap when I went away on holiday!) and agreed to pay compensation in court...I received £30 in total before he was killed in a motorbike accident (also stolen!) and as far as I'm aware this would mean I am no longer entitled to anything? It'd be just my luck if this company went bust before I could recover the debt from them.

[seanamarts]

Have you been back intouch with the Courts, I am sure they would have a proceedure for this sort of thing happening... this link may help

Enforcement of Small Claims Judgments in the County Court :: Contractor UK

[pink_eeyore]

Do you have a ccj against them ? If yes, get it transferred to high court and pass it to Marston's to enforce !

[tomtubby]

Hi

 

Not sure this is the right section to post my query I'm a bit overwhelmed with the amount of categories here!

 

I've recently won a small claims court against an independant courier company. Briefly I used them to ship a large LCD tv that I sold on ebay to the winning bidder in 2007 & took out insurance. The TV arrived smashed & I put in a claim with the courier company but for some reason the claim was taking an extraordinarily long time to be settled each time I would ring & speak to the person dealing with the claim he would say that the insurance were still processing it, despite the insurers never having contacted me. This went on for months until one day I was told that the employee had left the company & they claimed no knowledge of my case. I entered into email correspondence with them whereby they promised to look into it but never got back to me. I had no option in the end but to initiate a small claims case against them which I eventually won, the director turned up at the 1st trial date claiming it had 'come out the blue' despite my having all the paperwork to show I had been in correspondence with the company he asked for an adjournment & then he didn't bother turning up at the 2nd trial so it was found in my favour.

 

I won the case on 7th July & they were given 7 days to pay by the court. I have heard absolutely nothing. I rang the company a couple of times and spoke to their secretary who said she would pass on my messages & ask the director to get back to me but still nothing.

 

I have now sent a letter saying I am giving them 7 days to pay or I will execute a warrant. They have until Thursday 20th August to send full payment.

 

What I'd like to know is how to go about executing a warrant if they don't pay up. I don't expect to hear from them as my experience with them is they seem to just ignore everything in the hope that it will go away. The judgement amount is £1759 and the company is a limited company registered with companies house, established in 1991. What are the bailiffs chances of getting this money back from them? I seem to recall reading somewhere that they cannot remove goods that are needed to run the business, which I presume could apply to practically everything in the business! Also do I address the warrant to the limited company or to the director?

 

My other concern is that I am going abroad in September for up to 6 months so if I execute the warrant now, will this cause problems for me?

 

Any advice appreciated! I've never been very lucky with regards to things like this, the only other court case that had a favourable result was when my ex neighbour pleaded guilty to vehicle theft of my van & its contents (he sold it for scrap when I went away on holiday!) and agreed to pay compensation in court...I received £30 in total before he was killed in a motorbike accident (also stolen!) and as far as I'm aware this would mean I am no longer entitled to anything? It'd be just my luck if this company went bust before I could recover the debt from them.

 

You will need to apply to the court for a Warrant of Execution but a speedy solution to getting payment would be for you to pay the small fee to have the case "transferred up" to the High Court for enforcement !!

 

You then need to choice a company to use to enforce the debt and this is where the likes of Sherforce Ltd or Marston Group will come in handy.

[pink_eeyore]

Full details of the process are on the Marston Group website