Help and advice on enforcing a warrant with a county court bailiff.

[dr_damo]

Hi: I think i'm in the right section, I hope I am.

I've been having problems with a trader, http://www.consumeractiongroup.co.uk/forum/showthread.php?285722-SOGA-Advice-Second-Hand-Laptop&highlight=

 

I'd like to nail the trader and get my money back. The county court bailiff manager has been rather unhelpful, and each time I've asked a question has thought I was attacking them.

I thought that all the information from the claim would be forwarded on. The bailiffs went to the place of business, the trader said "i'm not trading anymore" the bailiff believed them and returned the warrant.

 

I know the business is still active, in the original name, I made the original claim against the name of the business registered at companies house. I have the names of the directors (limited company, so not sure what that will do).

 

I would like the bailiffs to be fully informed and get my money back. Should I:

A) reissue the warrant in the name of the Registered company

B) As I don't know the name of the "trading as" (the trader answers the phone in the original name, and the shop signage is the same) what do I put?

 

Help?

[Fair-Parking]

If the debt is more than £700 or whatever the lower limit is nowadays, send the trader a notice of intended bankruptcy proceedings.

 

That tends to focus their minds on the issue.

 

If nothing happens issue a bankruptcy notice.

 

He'll start hopping about.

[Thegreenpimpernel]

I am confused.

 

Did you issue the claim against the directors or the Ltd company?

 

You should have issued the claim and warrant against the entity which sold you the goods, as marked on the invoice.

 

You can't put a different name on the warrant to the claim, otherwise someone could put your name on a claim they made against someone else!

[dr_damo]

I issued the claim against *name removed* UK Ltd. Which is the name on the website and the companies house record.

The bailiffs visited the address, listened to his side of the story. He showed them headed notepaper and a vat number.

Took it on face value and said they couldn't enforce the warrant.

 

They suggested I find out his VAT number (I can't, data protected). And also suggested it was my fault for not providing more information.

Even though they have all the information they need?

[Thegreenpimpernel]

"They suggested I find out his VAT number (I can't, data protected)."

 

The VAT number MUST be shown on any invoice issued by the trader, so it should be on your invoice, if not you can report them to HMRC.

 

Have you got your invoice?

 

Why do you want the vat number?

 

Is it the case that the directors are claiming a 'new' company with a new vat number are trading from that address?

[dr_damo]

Ah. Excellent point about the VAT number. I shall check the invoice I have.

 

He, according to the bailiffs, has shown a vat number and claimed that he is no longer trading as X Uk Ltd.

 

I want to reissue the warrant, through my local county court, in the name of X UK ltd which I think is still trading (actively).

 

To make this easier for the bailiff:

Provide original VAT number

Provide Companies house records

Provide name of Directors

Provide addresses of Directors.

 

Should I direct them to the store address or the registered office address (next door). Should I say X Uk Ltd and all it's associated trading names? How do I best capture X Uk Ltd and all it's potential to trade as a new name?

[dr_damo]

Oh dear. There's no VAT number on the invoice. Or the business card.

What do I do?

"Hello HMRC?"

[ploddertom]

How much was the CCJ for, not being sarcastic but the Court bailiff is waste of time. If your judgment is for more than £600 have it transferred through the High Court, their enforcement officers are much more tenacious.

 

PT

[dr_damo]

Re issuing the warrant will take it from £581 to £606 pounds.

 

Total noob: How do I transfer to High Court?

[ploddertom]

http://www.thesheriffsoffice.com/services/judgment_enforcement/

 

Have a read of the above and some of the associated links on the page. You should also search this forum for HCEO and have a read of some of the things that may happen. There are other companies apart from that listed above but please bear in mind biggest is not always best. In my view it will be £60 well spent.

 

PT

[Thegreenpimpernel]

The court bailiff has been rather easily deceived. My partner and me, for example, have no less than three VAT numbers registered to one address. I don't understand the VAT No's relevance to identifying the occupant.

 

A HCEO will just seize what's there and wait for the alleged debtor to prove the goods are now owned by a new 'phoenix' firm.

[GamekeeperToPoacher]

If you have ever received payments and have details of the debtors bank account and know when it is likely to have some money in you could try a garnishee order. It is, I understand, a very powerful, elegant and little used tactic.

 

GKTP

[dr_damo]

I called the Sheriff's office people. They have given me the contact details for a firm they recommend in my area, Kings Ransom, they will be calling me back tomorrow. It's amazing the difference in customer service between County Court Staff and HCEO staff.

 

Kings Ransom will be calling me back tomorrow. If this doesn't work, the debt is below £600 at the moment, my thinking is this:

1) Reissue warrant = £25

2) Transfer to Sheriff's office = £60

3) Add this to charges already = >600

4) get money back

 

Does this seem logical?

 

Thanks for all your advice on here.