Enforce CCJ at third party premises

[abedegno]

Hi,

 

I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court.

 

I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please?

 

Thanks

[abedegno]

Actually,

 

I think I've found the necessary form - N244

http://formfinder.hmctsformfinder.justice.gov.uk/n244-eng.pdf

[BankFodder]

It's a form N244 for almost everything.

[AndyOrch]

Why are you enforcing the judgment at a third party premises ?

 

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

 

Andy

[abedegno]

Hi,

 

I have a CCJ against a builder I transferred to HCEO. They could not find assets of value at his home address and his vehicle had finance, but through surveillance I have discovered an industrial unit that he keeps tools, light plant etc. The HCEO have advised they "only attend at the defendant's company's trading address, registered office or a director's home address" and that they "would be unable to enforce against any other entities or at a third party address without Leave of Court."

 

What actually constitutes a trading address - could I argue this industrial unit constitutes this to avoid having to make the application?

 

Thanks

[AndyOrch]

Have you not considered a Third Party Debt Order ?

[abedegno]

Yes - just applied for one this morning.

 

Looking at other options should that not be successful.

[honeybee13]

Is it the same case as this thread, Abednego?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473216-Small-Claims-Court-Action-against-builder

 

It helps to keep the information together.

 

HB

[GrumpyToSayTheLeast]

Before the court would award an order, you MUST ensure you have the following information.

What assets are there. A description and or dvla checks is the norm.

How do you know the debtor keep assets there.

Why do you believe the assets there belong to the debtor.

A description of the building and how to gain access and how to subsequently secure the building.

 

Normally, the hceo office would do all this and the application for you. If you get it wrong, its likely you will lose the application and any court costs paid will also be lost.

[abedegno]

Hi,

 

Yes, this is the same thread as http://www.consumeractiongroup.co.uk/forum/showthread.php?473216-Small-Claims-Court-Action-against-builder - apologies for the confusion.

 

What actually constitutes a trading address - the location in question has:

- The judgement debtor makes multiple visits to this location

- The company name/logo is visible on assets is visible on assets located there in the yard

- Nearby business have confirmed the judgement debtor operates at this location

Would this meet the criteria?

 

I would have expected more help from the HCEO also - their advice is I should seek independent legal advice regarding this.

[GrumpyToSayTheLeast]

Yes, if they are there daily and going to and from jobs from that address, then I would class it as a trading address.

However, if it is just the storage of goods and they only pop there now and again, then its likely the court, and the hceo, would see it merely as storage, and as such, would need a 3pp order.

If it's a grey area, its likely the hceo is erring on the side of caution.

[abedegno]

Hi,

 

Just to close this thread off, the HCEO has agreed to enforce at the warehouse unit on the basis of the evidence I provided them. Unless the builder moves the goods elsewhere, I won't need a 3pp order (yet!).

 

Thanks

 

Abe