Retrieving Money From a Dodgy Company?

[SamUKsouth]

Hi

 

I trying to get back money back from a dodgy company by the name of Direct LGV.

 

direct LGV - Google Search

 

I used https://www.moneyclaim.gov.uk. So far it cost me £60.00 for MCOL to send this company a letter. Anyway the company did not respond to letter. So the next step with MCOL is to pay a further £100.00 and they send a warrant.

 

I spoke to a MCOL employee and asked if paying an extra £100.00 to issue a warrant. Would i definitely get my money back. NO! was the answer.

 

Turns out if this company still don't want to pay me they get bad credit rating. (Payments was made by direct debit and not using credit card)

 

Would a solicitor and small claims court be the only way?

 

Do i really need a solicitor?

 

Can someone please advise what would be best to do?

 

Thanks

 

Sam

[ploddertom]

My understanding of this is that because you believe someone owes you some money you have taken them to Court through MCOL for its return. MCOL have not received any communication from the Company concerned - this therefore gives you the right to ask for Judgment - have you done this. Dependent on the sum of money concerned could dictate your next course of action.

 

If it is for over £600 you could transfer up into the High Court and let one of the High Court Enforment Companies try to get your money back - usually have a reasonably high level of success - cost £50. If less than £600 then a Warrant of Execution is a course you could consider - this is the county Court Bailiff attending but they are not as successful - cost £100.

 

If you apply for Judgment then the other side get a CCJ and may find it harder to operate as credit may be more difficult to obtain. They could even cease trading - in which case you may not get anything back. They could apply to have the Judgment Set Aside or Varied if they believe they have a case.

 

Online Services

 

PT

[SamUKsouth]

Thanks for your advice.

 

I'm owed £1000.00 by Direct LGV.

 

MCOL have not received any communication from the Company concerned - this therefore gives you the right to ask for Judgment

Yes i have been granted Judgment. This will cost me another £100.00 to recover my money.

 

But paying this will not guarantee me getting my money! If Direct LGV don't want to pay me they get bad credit rating and i'm out of pocket another £160.00

 

If it is for over £600 you could transfer up into the High Court and let one of the High Court Enforment Companies try to get your money back

How would i go about transferring to the High Court?

 

Thanks for your help.

Edited May 19, 2010 by SamUKsouth

[ploddertom]

Thanks for your advice.

 

I'm owed £1000.00 by Direct LGV.

 

Yes i have been granted Judgment. This will cost me another £100.00 to recover my money.

 

If you have the Judgment that is fine. The £100 is to get a Warrant of Execution and send the County Court bailiff to see them - however no guarantee you will get paid as he will only make a couple of visits and probably believe anything they tell him.

 

But paying this will not guarantee me getting my money! If Direct LGV don't want to pay me they get bad credit rating and i'm out of pocket another £160.00How would i go about transferring to the High Court?

 

Applying to transfer up into the High Court is fairly straightforward procedure, a form to fill in and payment of £50. The High Court Enforcement Officer is a more tenacious form of Bailiff who actually has the power to force entry to commercial premises provided they are not adjoined to the debtors residence. See more below.

 

Thanks for your help.

 

To find out more about HCEO's Google High Court Enforcement Officer, it is no good me recommending one above another so you have to make your own choice. The most used and probably most successful are Sherrif's High Court Enforcement, Marston Group or Sherforce. You could also look in the Bailiff's Forum for details on some of these - in particular read this thread by someone in a similar position to yourself http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/238212-trying-get-whats-due.html

 

The Downsides

Yet again no guarantee of success. The Defendant could apply for Set Aside or a Variation. They could go bust. If the HCEO has no success then you do have to agree to pay an Abortive Fee of some £60/£80 +VAT.

 

All fees are added to the Defendant including all your costs and a debt of £1k can easily increase to £2k when the HCEO calls.

 

PT