Fastest and best way to enforce CCJ?

[avocados]

Hi

 

What is the fastest way to enforce a CCJ?

 

The company I am claiming against time is running out to respond to my claim so I should be able to apply for a CCJ shortly. If they do not acknowledge my claim and I request judgement then what is the fastest and most effective way to proceed and make them pay?

[Desperate Daniella]

Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

[steampowered]

Depends entirely what assets you can identify. If they have a shop, sending bailiffs is the fastest. If you know their bank account, a third party debt order could be fastest. If the company does not have any assets then enforcement becomes very difficult.

 

The only true 'fastest' way is to convince them to pay up without having to take further enforcement action.

[Ganymede]

Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

 

 

 

 

You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

[dx100uk]

yep HCEO's

£60 I think

 

dx

[Desperate Daniella]

You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

 

You are right, of course. I meant that they may delay payment after the CCJ because if they pay within 28 days it can be removed from the Register so won't be there for six years. Sorry, I didn't put that very well.

[avocados]

Thanks people.

 

I have tried to be reasonable but all they have done is mess me about so I just want to end this asap

 

Yes they have a high street commercial premises with plenty of assets. I'll enforce judgement straight away through hceo

[avocados]

Should I apply for a ccj against the High Street shop address that screwed me over or the Address registered at companies house?

[Desperate Daniella]

Who did you put on the original claim form? The CCJ will be in that name.

[avocados]

I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

[avocados]

I phoned mcol and they were no help saying they could not give advice only that the ccj will be in the claim name and they can send me forms if I would like to amend it. I asked them to email them me and I now have them but I still dont know if to change the name. Name and address or neither? Its going to cost 40 pound to amend

[Ganymede]

I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

 

 

 

 

You may face some problems by not using the correct Defendant's name. Without the "Ltd" bit at the end of the name on the judgment technically it is invalid as there is no legal entity stated.

 

You could risk it and hope nobody notices but you could end up wasting £60.00.

 

If you do decide to go for it us the business address, not the HO address.

[avocados]

Not prepared to take risks. I have waited 6 months to get paid so a few extra weeks and for £40 amendment wont matter.

 

So I should change the company name then keep the high street shop address? Yes?

[Ganymede]

Not prepared to take risks. I have waited 6 months to get paid so a few extra weeks and for £40 amendment wont matter.

 

So I should change the company name then keep the high street shop address? Yes?

 

 

 

 

You don't need to change address on the CCJ just state the shop address in the Writ of Fifa.

 

Applying to amend the name can open a can of worms regarding service etc and alert the Defendant to apply to set aside the judgment. You may also have to pay the Defendant's costs of the application.

 

Seek legal advice ftima qualified and insured professional is my advice.

[avocados]

,.

[avocados]

So I should request judgement now?

 

The stage I am at is claim issued. their time to acknowledge service is up and I can request judgement

 

There time has passed to reply. My only concern was that they did not reply because I had not put limited after the company name so they knew I had messes up?

Edited January 9, 2014 by avocados

[Desperate Daniella]

Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

[Desperate Daniella]

It won't cost you anything to apply for judgment but you could have problems enforcing it if the name is wrong.

[avocados]

Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

 

Had a little longer to think on it. I am going for the name change. Can't see it be allowed to be thrown out of court for that. Surely any judge with an ounce of common sense would see that I am just an average member of the public with zero legal knowledge and mistakes like this happen. For £40 I would prefer to guarantee to be able to enforce the CCJ.

 

No reason for not paying me. All that I have had is you will be paid next week, then sorry you will be paid the week after then more lies and delaying tactics. There is zero chance that they have any defence with the amount of evidence I have saved up.

 

No idea on their reputation but I am going to make sure that I totally destroy it if I don't get paid

[avocados]

On the N244 form there is two questions which I am not 100% about

 

3. What order are you asking the court to make and why?

...I know to put I would like to amend the defendants name from: xxxx. To: xxxxx Limited.

but why? Would " xxxx is not the full name of the defendant. The full name of the defendant is xxxx limited" be ok

 

And..

10.What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below

...Should I tick evidence below? Then Is this ok... I was employed by a xxx called xxxx,

xxxx is owned by xxxx limited.

The money claimed is owed by xxxx limited

Edited January 9, 2014 by avocados

[avocados]

I have done a name change and sent it

[Desperate Daniella]

Sorry, I was out for a bit.

 

Have you sent it?

[avocados]

Ok update.

 

The name change was accepted by the court unchallenged by the defending company

 

I served the amended papers on them and they ignored again.

 

So I have now been able to request Judgement and I have received an email confirmation that it has been awarded.

 

Where to next?

Do I have to give the defendant reasonable time to pay the CCJ or am I able to push to enforce the debt straight away?

[Desperate Daniella]

Morning avocados,

 

I would send them a recorded delivery letter enclosing a copy of the Judgment and ask for immediate payment. Tell them that if you do not receive payment within seven days you will be instructing a High Court Enforcement Officer to visit them.

 

DD

[AndyOrch]

Morning avocados,

 

I would send them a recorded delivery letter enclosing a copy of the Judgment and ask for immediate payment. Tell them that if you do not receive payment within seven days you will be instructing a High Court Enforcement Officer to visit them.

 

DD

 

Why give them advance warning?.....Wait for the judgment (N24) and check the payment order (forthwith/7/24/28 days)