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CCJ awarded, but don't know their home address, and they not paid via PAYE - Enforce?

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  • CCJ awarded, but don't know their home address, and they not paid via PAYE - Enforce?

    Hello I hope someone on this forum will be able to provide me with some help on which enforcement route will be best and most effective for me-

    An individual stole just under £1,500 from me 2months ago, via embezzlement.
    This individual works for a large TV channel, but due to the nature of the channel she normally only conducts all her business under her 'performer name'.
    She did at one point when she worked for me tell me what her real name is, however as she's a thief, well she could easily also be a liar too.

    But so the information that I do know about this individual is the name which they are known by & conduct all their business under, their bank account sortcode & account number, and the name of the company (TV channel) which they work for.
    *The TV channel do not disclose their address, merely a PO Box address, however the channel is owned by Cellcast Group PLC (which do have a business address listed on their website).

    But so based on the information that I have I filed a MoneyClaim against this individual, against both the name which they conduct business under & the name which they told me is their real name,
    and served to the PO Box address of the comapny which they work for (as that's a servicable postal address for all people who work for the channel).


    The individual never responded to the claim, and so a CCJ was awarded against them by default 3weeks ago now, ordering them to pay me over £1,500.
    They are ignoring that too though, but so I now need to selection which options I use to enforce this.

    I had initially planned to have an Attachment of Earnings Order served against them, submitted directly to the company which employs them, however I have been told by someone else who works for that channel that all the girls who work there are classed as ''Sub-Contractors'' rather than ''Employees'', and are paid their wages at the end of each month via direct bank-transfer, not via PAYE.
    But so my understanding is that an AEO would not be enforceable due to this, as the TV channel would simply state that the individual is merely a sub-contractor who works for them, but not an official employee of theirs?

    But so if that is the case, the only 3 options I now have are-
    1. To use court-form N39 (posted to the head-office of the company which owns the TV channel which they work for).
    2. To use court-form N316 (posted to the head-office of the company which owns the TV channel which they work for).
    3. To use court-form N349 (posted to the head-office of the company which owns the TV channel which they work for), with the company freezing the money being either their bank account, or requesting that the TV channel freeze any payments owed to that individual.

    My concerns with the 1st 2 options though are that if they need to be served physically to the defendant in person, that would not be viable as she would not be sat at the head-office of Cellcast Group PLC.
    And my concern regarding option 3 is that if the name which she told me is her real name, is infact fake, the bank may reject freezing the account if the name on the order doesn't match the name on the account?

    Ideally I need the court to write to Cellcast Group PLC and demand that they disclose to the court the true name & home-address of the person who works for them under that name,
    however these is no such form to achieve that as far as I'm aware?


    But so if anyone has any advice or guidance on which option would be best that would be much appreciated?



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  • #2
    Who did you make the £1500 payments to originally ?

    Was that a bank transfer to the bank account of the individual ?

    Did it have anything at all to do with the employing company ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Originally posted by Amethyst View Post
      Who did you make the £1500 payments to originally ?

      Was that a bank transfer to the bank account of the individual ?

      Did it have anything at all to do with the employing company ?

      Hello, I originally made the payment to the debtor.
      It was a bank-to-bank transfer to the debtor yes (and so I know their bank sortcode & account number).
      But no it did not involve their employer in any way, was instead a payment from me to the debtor to employ them to carry-out some work for me.


      My current plan is to serve a '3rd Party Debt' order against the bank account to which I made the payment to,
      and so hopefully to recover the full sum of £1,500 if they have that sum of money in there at the time which the bank recieves the order from the court.

      If however the full sum of money isn't in that bank account, my plan would to then serve a 2nd '3rd party debt' order against the company who employs the individual (or rather pays her wages on the basis of her being a sub-contractor), as they would hold money 'owed to her' (her wages).


      Are there any errors in my judgement with that course of action though please?

      Comment

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