Got awarded CCJ, defendant not paid but still trading. How to enforce?

[lisalegal]

Hi everyone,

Won a judgment and got a CCJ against a company.

They have not paid.

Have changed the Company Name slightly, but still trading.

(I have changed the details below slightly, but they still follow the exact same differences)

However, I was careful with the CCJ claim and had it served as City Wide Cars.

They traded, mainly online, as citywidecarsltd.co.uk (they were not a Ltd company)

Now they trade as citywidecarsuk.com (but still call themselves City Wide Cars on all advertisements, and stationery)

Still trading from the same office, same address, same owner trading.

What is my best course of action now to get this CCJ enforced? Warrant of Execution? High Court writ?

Any advice appreciated.

thanks, Lisa

Now, the CCJ is simply in the name of City Wide Cars

[labman]

Re: Got awarded CCJ, defendant not paid but still trading. How to enforce?

If the debt is over £600, the most effective way would be to instruct High Court Enforcement Officers to attempt to recover the monies owing to you. I know their fee is £60.00 if they don't manage to recover the money, I am unsure of the process to instruct them, but a Google should tell you - I'd look it up, but have got to go the vets.

[FlamingParrot]

Re: Got awarded CCJ, defendant not paid but still trading. How to enforce?

If the debt is over £600, the most effective way would be to instruct High Court Enforcement Officers to attempt to recover the monies owing to you. I know their fee is £60.00 if they don't manage to recover the money, I am unsure of the process to instruct them, but a Google should tell you - I'd look it up, but have got to go the vets.

http://www.hceoa.org.uk/faq/do-you-n...t-officer.html

How do I transfer my County Court Judgment to the High Court for enforcement?

If you decide to issue a Writ, there is a process in which you will need to seek a 'certificate of judgment' from the County Court, which confirms the amount you are owed in your judgment.

If you want to do the paperwork yourself, you will need to request this certificate on Court Form N293a, which is a combined certificate of judgment to enforce the judgment by a Writ of ‘Fi Fa’ (Fi Fa is the name for a Writ of Execution in the High Court). You can get Form N293a from Her Majesty’s Court Service website at www.hmcs.gov.uk or from any County Court office.

When issuing a Writ, you will need to either name the Authorised High Court Enforcement Officer, or address it to the “Authorised High Court Enforcement Officers of England and Wales” and the Writ will be assigned to a High Court Enforcement Officer through the cab rank system called NICE Sheriffs.

If you want to take advantage of any transfer-up service offered by High Court Enforcement Officers, then just ring the High Court Enforcement Officer's office of your choice and they will help you on what paperwork is needed. Use the section on our website called “Directory” to find the High Court Enforcement Officer you want to use. Usually, all the High Court Enforcement Officer will need is the form of judgment from the Court and they will convert this into a Writ for you.

If you want to prepare the paperwork yourself, when you get form N293a you must complete parts 1 and 3, and send these to the Court where the judgment was made. If you do not complete it fully, the Court may have to return it to you. You must state the date of judgment and the amount the Order was made for, including any additional costs allowed by the Court since judgment; the total of any interest that has accrued on the judgment and, if appropriate, the daily rate. There are notes on both sides of the form, which you need to read to ensure you have completed the form correctly.

Once you have your sealed form N293a, you may then issue your Writ of Fi Fa (form 53 downloadable from the HM Courts service website), which is sent to a District Registry of the High Court with the sealed N293a, Writ of Fi Fa and Court Fee for sealing.

Once you have received the sealed Writ, the original sealed Writ should then be sent to your chosen High Court Enforcement Officer.

If you want any advice on how to complete the paperwork you can speak to any High Court Enforcement Officer's office; ask the Court staff for assistance in either the Court where the judgment was obtained; or seek advice from a Solicitor, Law Centre or Citizens Advice Bureau. Some County Courts are also district registries of the High Court: staff there or at the High Court in London can tell you more about High Court Enforcement Officers.

Before you decide how to go ahead, you always need to consider whether you are likely to get back the money owed and the Court fee from the Defendant. Remember, a High Court Enforcement Officer cannot guarantee that you will get your money back, but he or she can ensure you have the best chance of doing so – and you will receive information about the Defendant which may help you if you need to take further enforcement action.

Note the bit highlighted above. :thumb: