CCJ but company no longer trading

[katykitten]

I had a CCJ issued around a year ago against a company which is no longer trading, they have now set up a new company and have never paid the money owed to me, what are my options now?

[Amethyst]

Has the original company been dissolved or just ceased trading ( so showing as Dormant at Companies House ) ?
Did they dissolve/stop trading before or after you obtained the Judgment ?

[katykitten]

Has the original company been dissolved or just ceased trading ( so showing as Dormant at Companies House ) ?
Did they dissolve/stop trading before or after you obtained the Judgment ?

they dissolved the company after the CCJ

[Amethyst]

How much approx is the CCJ for ? ( and what is it for ? )
Were they aware of the CCJ ?
You can ( within 3 months of the dissolution I believe) ask for the company to be restored ( it costs - https://www.gov.uk/claiming-money-or...ny-court-order )

[katykitten]

How much approx is the CCJ for ? ( and what is it for ? )
Were they aware of the CCJ ?
You can ( within 3 months of the dissolution I believe) ask for the company to be restored ( it costs - https://www.gov.uk/claiming-money-or...ny-court-order )

it was for around £500 for non-return of holding deposit for rental of a flat which my son never occupied, they were in court when the judgement was issued and failed to pay by the deadline, they left to go travelling for a year after this (we have tracked them on facebook) and have failed to respond to any requests for payment

[Amethyst]

Ahh probably not worth the effort and expense - sadly. How did you pay the deposit? ( cash / cheque / bank transfer / credit card / debit card ) If card you might be able to use section 75. If not you're probably going to continue banging your head against a brick wall. Guessing it wasn't kept in a deposit protection scheme either.

[katykitten]

Ahh probably not worth the effort and expense - sadly. How did you pay the deposit? ( cash / cheque / bank transfer / credit card / debit card ) If card you might be able to use section 75. If not you're probably going to continue banging your head against a brick wall. Guessing it wasn't kept in a deposit protection scheme either.

hi it was a holding deposit so scheme didnt reply, we paid by debit card - it makes me so angry that he has just started up another company and ignored the CCJ and been travelling with our money! Is it worth getting the sheriffs to pay him a visit?

[MIKE770]

wonder debit card section 75 reclaim back thru bank ,,@AMETHYST might know?

[jaguarsuk]

hi it was a holding deposit so scheme didnt reply, we paid by debit card - it makes me so angry that he has just started up another company and ignored the CCJ and been travelling with our money! Is it worth getting the sheriffs to pay him a visit?

You are required to have a judgement at the county court of £600 or greater to transfer the judgement to the High Court for enforcement. "The sheriffs" or High Court Enforcement Officers require a Writ of Control from the High Court commanding them to enforce the judgement to be able to pay a visit to your defendant if that's what you mean?

You could apply for a Warrant of Control for enforcement by the bailiffs, but as you have said the company has ceased trading you'll be throwing good money after bad as there is nothing to recover from the company because it doesn't trade anymore.

If it were a judgement personally against the directors or a sole trader it's different.

[jaguarsuk]

wonder debit card section 75 reclaim back thru bank ,,@AMETHYST might know?

Debit Cards aren't credit and so the Consumer Credit Act is not applicable.

At the time asking the bank to do a charge back would have been my advice instead of taking court action, but as the company no longer trades their accounts will be closed and their bankers will refuse a charge back.

[ploddertom]

Is this a Scottish case?