company i took to court ignoring the court order

[babyboo23]

Hi

I took a a company to court and I won. They were ordered to pay me by a set deadline and they havent. The small claim court has now said it is down to me where I go from here and have sent me forms about enforcement procedures. I am annoyed as I thought that by going through the right channels and winning my case I would get the money I was owed. The court has told me that the company is trying to appeal...so is it worth me waiting to see if they actually appeal or do I go forward with the enforcement proceedings. Am a bit worried about losing even more money as they already owe me enough and I have to pay a fee for enforcing the court order. Advice would be gratefully appreciated.

[LondonPam]

What do they mean by "the company is trying to appeal" ? Either the company has appealed or they haven't. If they are way past the deadline I personally would send the bailiffs in.

[blacksheep1979]

yup, send the bailiffs in or if the company is relatively solvent you can probably apply to have the funds seized from their accounts.

[babyboo23]

Hiya.

thanks for your replies guys.

well they told me they were appealing (i didnt they they could now as ithad gone to court and I had won..whats there to appeal about)...i checked with court and apparently they had sent an appeal form but it was the wrong form or something and it was returned to them.

I know they are still a trading company and are a ltd company so do you think if i send bailiffs in I have a good chance of getting my money? am a bit concerned because i can only get my bailiff fee back if they seize enought to cover the amount they owe me plus bailiff fee.

[blacksheep1979]

well what sort of stuff do the company do and how much are you owed? If its some company that holds stock of paper and has a couple of PC's and you're owed £50k then you might not get what you're owed, if its a company with lots of tangiable goods and they only owe a few £k then you should be fine. The bailiffs can visit more than once until the debt is settled as well.

[babyboo23]

Yeah the amount I am owed is less than £500 but its still a lot to me and its also the principle of the matter.

I am going to proceed with bailiffs and keep my fingers crossed.

 

thanks

[blacksheep1979]

you should be fine then, as long as there is a couple of PC's printers etc then it should more than cover what you're owed.

[Pscylo]

Post the Ltd company number (or name of company if you like), and I'll credit check them for you. I get 500 a year for free wit my own Ltd company, and only ever use about 20 reports a year.

 

You can sometimes find that there is little or no point in in trying to get your money, but without a credit check that's hard to tell. I come across this all the time. As a business I write off about 5000GBP each year in bad debts that I know I won't recover (that's ignoring the other 5000GBP I do recover).

[babyboo23]

they are W B U Ltd in Stoke On Trent. Thanks very much for doing that for me...its very generous of you and will be a great help! :)

[Pscylo]

can't find anythimg under that name. Have you got an invoice, or the full name. There shoudl be a limited company number somewhere on any official paperwork from them, that's the easiest way to do it.

[babyboo23]

its wbu parts ltd.

just found them on companieshouse.gov.uk

[babyboo23]

ltd company number for them is 05707128

[Isiris]

Post the Ltd company number (or name of company if you like), and I'll credit check them for you. I get 500 a year for free wit my own Ltd company, and only ever use about 20 reports a year.

 

You can sometimes find that there is little or no point in in trying to get your money, but without a credit check that's hard to tell. I come across this all the time. As a business I write off about 5000GBP each year in bad debts that I know I won't recover (that's ignoring the other 5000GBP I do recover).

 

 

How is it you can credit check a limited company with out there say so. Not doubting you just seems a complete breach of the DPA to me

[Pscylo]

@ Isiris - I'll give you a clue. The clue is the word "personal". Have a read of the act and you'll see what I mean.

 

@Babyboo

WBU PARTS Ltd.

UNIT 6 HANLEY BUSINESS PARK

COOPER STREET HANLEY

STOKE ON TRENT

STAFFORDSHIRE ST1 4DW

 

MD appears to be 22 years old.

 

Incorporated 13/2/2006

MD appointed 1/4/2006

 

So, a young company, with a recommendation that no credit be given without a director's guarantee. In short, it is a risk. There are no financials, it's unlikely they have a lot of money, though as the OP says, if there is some office furniture and the like you may get at least some of it back. Generally though at auction you only get 10-20% of the true value of the goods.

 

Realisitically, it's your choice, but it is a risk. Personally I would do it, if nothing else, it would be just to register this on the company's file. It's actually a big incentive to pay the debt, as he will find it extremely difficult to get credit with an unsatisfied (or uncancelled) CCJ against his name. Equally though, from my perspective, the additional cost is really not a lot.

 

I've taken companies to court over £15 before now, just on a principle.

[babyboo23]

22..thats 2 years younger than me then! haha i find that really amusing. With his complete arrogance I cant say I am at all suprised that he his young and inexperienced and its all a big 'front'.

 

I am 110% going to proceed because I am no quitter and I have told them that all along. they tried to scare me off by saying a judge would never rule in my favour etc etc... I hope that even if i dont get my money back at least it will have an effect on their company having a ccj against them and they dont sound like they have much going for them as it is!

 

I know they trade on a certain auction site as well as from the premises.

 

Thanks you so much for your help pscylo. Is there any way I can find out if they have any other ccjs against them? as i have a feeling they have been through all this before by the way they have worded their letters.

 

thanks

[Pscylo]

RTL Home

 

For judgements.

 

There's nothing showing on the credit report, which allegedly is updated on a daily basis, so I doubt you'll find anything there.

[babyboo23]

thanks for the link to that site. may be useful in future. as they are a young company i dont think il waste the £8 running a check because they have wasted enough of my money as it is. but thanks anyway.

[babyboo23]

ps. what did u mean when u said the clue is the word 'personal'??

[Movingon]

ps. what did u mean when u said the clue is the word 'personal'??

 

Isiris asked about whether the credit check was an infringement of the Data Protection Act 1998. However this was a credit check on a COMPANY, not a person. The Data Protection Act deals with the protection of the PERSONAL DATA of "Data Subjects". A "Data Subject" is generally a human being.

[aero]

Pscyo - any chance you could credit check this company - 05671210. I believe they have ripped off my uncle for £1600.

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/66497-need-advice-re-exploitation.html?highlight=uncle

 

 

The company director is only 26 and does not seem to be present in the office. The woman who claimed she was the director isn't mentioned anywhere in the co house info.

 

Also - if we went to the Small Claims Court with this (under Trades Descriptions Act, Sale of Goods Act) what would it cost if we lost? We've been on to Trading Standards - they haven't even 'phoned back yet after a week and a half.