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County Court Judgment (CCJ) in my favour - what next?

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  • County Court Judgment (CCJ) in my favour - what next?

    Hi everyone!

    New user here looking for some advice, all and any welcome. I'll give you the back story first...

    I set up a Limited Company in April 2017 with another person that i'll call Jack for now. We were a design and marketing agency.

    We went pretty steady for a while and started to make some money.

    Then suddenly in May 2018 my business partner cleaned out the business bank account (Close to £9,000) and disappeared and I mean he really disappeared. No reason, no excuses, no answer. Just gone.

    Anyway, this left me in a pretty deep hole and I start to borrow money from friends and family, as well as losing existing clients in the process.

    I filed a County Court Judgement against Jack (with a letter before claim) and gave him 14 days to respond but he chose not to acknowledge it. This is was ruled in my favour (I am pursuing this on behalf of the business, not myself) and he now owes the business £9,795.61.

    I have removed Jack from Companies House, which was no quick process and taken away his banking privileges. By the way, im pretty peeved at HSBC for allowing a transaction of this nature without at least checking in with both directors.

    Now that the CCJ has been ruled in my favour, what is the best course of action for me to start retrieving this money? Jack has no assets, he doesn't drive and lives with his parents despite being 26 years of age.

    I am a real novice on this so entry-level advice would be very welcome. More the merrier.

    Thank you for reading this and any help that you can pass on.

    Tags: None

  • #2
    Bump

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    • #3
      If he's working then attachment of earnings?

      honestly chance of recovery is low

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      • #4
        From the information I’ve been able to gather he left the country with the money but I think he may have returned.

        I don’t this money being drop fed back to me but I would like to get something in place. It’s just what...

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        • #5
          I would apply for transfer to the High Court for enforcement and seek a Writ of Control (cost £66). The High Court Enforcement Officers would then attend his address with a view to removal of goods if he cannot pay to settle the debt.

          If his parents can't evidence with receipts to prove ownership of goods, anything in the house is up for grabs for the HCEO's and so Jack would be very wise to make an initial payment, then set up a payment plan or borrow the money to pay in full there and then, possibly from his parents.

          The route with the most leverage is the best one in my opinion. It might seem harsh, but Jack's parents aren't your concern and Jack didn't care about your family or friends when he ran off with the cash.

          You could attach his earnings, but to do that you need to find out where he's working and what happens when he changes job? It's just a pain for you having to keep track of this toerags life for however long.

          As with everything in court there is a risk, if the HCEO's can't recover the debt (along with their fees) there is a compliance fee payable by you of £75.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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