Warrant against an individual

[youlsey]

Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website.

 

I'm sorry if this is the wrong forum subject.

[AndyOrch]

Thread moved to General Legal Issues

 

Is it the same address you served the claim form/Notice of Judgment ?

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions

 

Regards

 

Andy

[youlsey]

No, it's a new address. I know i will have to fill out form n445 to re-issue to a new address.

 

But my question remains the same - Is it possible to issue a Warrant of Control against an individual at their business address?

 

Thanks

[AndyOrch]

Yes you can use form N316A where the debtor is a limited company (where the officer of the company would be questioned) if the warrant fails.

 

https://www.businessdebtline.org/EW/factsheets/Pages/BDL04%20BDL%20EW%20Claims%20in%20the%20county%20court/Page-08.aspx

[youlsey]

Maybe i need to explain further, as i don't want to start parting with cash for no good reason.

 

The person i'm trying to claim money from was originally located at a residential address. The bailiffs had no luck in locating this person at the address. The only address i can find is that which is connected to the business she is a director of.

 

As the original warrant is still live, as the court told me last week, would i only need the N445 or include the form you mentioned - N316A??

 

I've contacted the court but it takes so long for a reply.

 

Again, any help would be appreciated.

[AndyOrch]

You would only use the N316a should a Warrant fail and you wish the court to compel her attendance for questioning......

 

Now you have explained a little more...this is simply a change of address..so list that address on the N445.

Is the judgment in her own name or company name?

[youlsey]

The judgement is in her name.

 

Great - i can hopefully get her now, thanks for your help!!!!!

[AndyOrch]

The bailiff will have to write to the debtor at the new address, still allowing 7 working days to pay the original debt plus the Compliance fee, then, if the debtor does not pay it can go to enforcement.

[caledfwlch]

If this is a personal judgement against the individual, then the Bailiff's can turn up to their workplace if its the only contact, but they cannot seize any goods belonging to the business, unless they are personally owned by the named Debtor, and Equally, if its a personal judgement, they wont have any right to force entry to the business property. I think it depends what sort of company it is.

 

It's the same way that the bailiffs can visit a business owner at their residential address to speak to them, but they cannot enforce or take control on any personal goods at the address, they can only seize goods belonging to the business. You or the Bailiff's will need to make absolutely sure you know exactly what is what, as obviously, should the Bailiffs force entry into a commercial property, where all the goods are owned by a business to enforce a personal debt, it could get very expensive, and you as the Creditor/Instructor of the Bailiffs, are equally, jointly, civilly and criminally responsible for any mistakes they make and potentially catastrophic costs if they mess up big style, as in the infamous airline food supply business case, where Bailiff's ignored paperwork showing a new company was trading at the address, and ended up costing hundreds of thousands of pounds in damages - I wish I could remember the case name, but the enforcement company went sobbing to the high court to get "protection" from being sued, and were told to go away, that little rule was to protect bailiffs from genuine mistakes, not hundreds of thousands of pounds in damages caused by refusing to look at the documents providing this was a new company at the site, being waved at them by company solicitors.

[youlsey]

It is a personal judgement against an individual. The personal home address i had for her - the bailiffs had no luck there. The only address i have now is a registered business address i got from various company websites including Companies House.

 

If all it takes is for contact only then that's hopefully all i need. All previous correspondence has resulted in absolutely no contact, then for £30 then it's worth a shot!!! Maybe the pressure from other people in her ear will result in her paying back my money. I'm not even going for any interest just the original amount - i'm not selfish and greedy like a lot of other people in this world.

[caledfwlch]

It is a personal judgement against an individual. The personal home address i had for her - the bailiffs had no luck there. The only address i have now is a registered business address i got from various company websites including Companies House.

 

If all it takes is for contact only then that's hopefully all i need. All previous correspondence has resulted in absolutely no contact, then for £30 then it's worth a shot!!! Maybe the pressure from other people in her ear will result in her paying back my money. I'm not even going for any interest just the original amount - i'm not selfish and greedy like a lot of other people in this world.

 

Just be very careful then, no problem with them trying her at her workplace, within reason - but if they start threatening to remove business goods etc, and she is on the ball with her rights, or has CCTV, you could be opening yourself up for an expensive learning curve, especially if they actually did go and remove goods, and you get hit with a claim for stuff like loss of business. I would make it clear on all contact with the enforcement firm that the debt is personal, not business, and that her business goods have nothing to do with is, so if something does go wrong, you have a cause of action against the Bailiffs, rather than being left out of pocket by their actions, as obviously, you will be the last person to figure in their minds, their priority from the moment it is given to them, will to be to get their fees.

 

It might be worth putting a thread in the Bailiff section. There are worst case scenarios should a less reputable firm do the visit at a workplace, and obviously that is not what you need. If for example there is a car parked there, owned by someone else, but they take it, you are opening yourself to all sorts of potential problems.

 

As this is not a home address, but a workplace, I honestly think there are a lot of dangers in the approach for you. I doubt for example if a work address, the bailiffs letter could be classed as properly served. Is it County Court Bailiff's you used? They often work just 9-5, so may have missed her, a better option might be to upgrade it to HCEO and have them visit in the evening or early morning.

 

One of your queries is can a warrant of control be issued at her workplace - the answer is no, this is a personal debt, so nothing in the workplace would be controllable, the goods belong to someone/thing else, not the Debtor. Some of your earlier advice is based on the mistaken belief, before you clarified, that this was a Debt against the company, or the director as director of the company.

[Bailiff Advice]

Is it possible to issue a Warrant of Control against an individual at their business address? And by business address, they are the director of a company and i have found the registered business address on the Companies House website.

 

I'm sorry if this is the wrong forum subject.

 

Is the judgment one that is being enforced using a County Court bailiff or have you had it transferred up to a High Court Enforcement Officer?

[youlsey]

Lambeth County Court to be exact in London

[youlsey]

One of your queries is can a warrant of control be issued at her workplace - the answer is no, this is a personal debt, so nothing in the workplace would be controllable, the goods belong to someone/thing else, not the Debtor. Some of your earlier advice is based on the mistaken belief, before you clarified, that this was a Debt against the company, or the director as director of the company.

 

It's a personal debt. The only address i have left is the one associated with her business. One of her companies is now in liquidation and she has become a director of a new company. This the only address i have found as i think she is trying to evade me and the Court.

[youlsey]

Is the judgment one that is being enforced using a County Court bailiff or have you had it transferred up to a High Court Enforcement Officer?

 

High Court Enforcement Officer - does it cost me more?? It's only, well for some, £900 i'm trying to get back.

[youlsey]

Lambeth County Court and the bailifs will not enforce the warrant at the address - the only address i have for the defendant is a C/O address via her accountants for her business. And the previous company they are dissolving - it's clearly dodgy and avoiding the bailifs.

 

I'm trying to get her current location, but i cannot find anything. I have 2 mobile numbers and an email address, but since i revealed who i was in email, after pretending i was a potential client, she has no longer responded.

 

Surely there is something i can do???? A judgement was made against the defendant and yet they cannot do anything??? This is rubbish, allowing people to get away with stuff like this.

 

If anyone can shed any form of light on this, no matter how small, i'm ALL EARS.

 

THANK YOU

[steampowered]

try searching the electoral roll?

[youlsey]

Yes i have, but maybe i don;t know what i'm doing....

 

If you wish to have a go....

 

(removed ) please do not post personal details of the judgment debtor

Edited April 5, 2016 by Andyorch
Name & address removed

[liverpoolluke]

if you have an address for the person you are trying to pursue could you not visit the premises yourself and confirm it's the person your actually looking for ?

[AndyOrch]

Inappropriate posts unapproved......1st warning..keep it civil or I will close the thread.

[youlsey]

if anyone has that kind of time and money then be my guest.....

 

i cannot visit the address i have now - it's an address for the accountants for her business as she is trying to evade bailifs. previous address was home address - but that is now linked to the company now in liquidation. she has "moved" her directorship to this new company which only has accountant address.

 

stuck now.....never mind. open to any comments that are HELPFUL and not obvious and sarcastic.

[GrumpyToSayTheLeast]

Have you had a professional trace done? They will find financial links, registered mobiles, voters register etc. Its only 20-30 £ but may help you locate her.

The problem os, if she is switched on enough, then the bailiffs, either hceo or county, wont get anywhere even of you do find her.

You might be throwing good money after bad, but you never know.

[youlsey]

20-30 pounds......please can you let me know where to find a pro trace from please????

[Ganymede]

Just Google "Tracing Agents" and pick one.

 

The cost is like likely to be more like £35 or £40 plus VAT.