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CCJ against Ltd Company

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  • CCJ against Ltd Company

    Hi,

    looking for a bit of advice about the best method to obtain payment from a Limited Company. I understand that sometimes it’s impossible to recover this money but would appreciate any advice (the amount is about £2k).

    I have a CCJ against a Limited company. Under a Record of Examination (EX141) they agreed to a monthly payment plan however they never made a payment. After a few months of missed payments I applied for a third party debt order against the details they provided, however they only had a small amount of money in the account at the time the order was made final (just enough to cover the TPO fee). Could I keep applying for TPOs in the hope that at any time they may have more cash resting in their account or should I explore another avenue?

    In their record of examination they listed assets as 0, debtors as 0, creditors as 0, but in their most recent accounts they had listed assets as £1k, debtors as £16k, creditors as £20k. Their new accounts are due in a few weeks so should I wait and see what state those are in before deciding what route to pursue?
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  • #2
    Unfortunately, it is what it is with limited companies, either they have the money or they don't. Out of curiosity, is there any reason why you decided to go down the TPO route and record of examination rather than just sending in the bailiffs? If they have a physical address, I presume there would be assets there that could be taken and sold off regardless of what was said on the form.

    Personally I think its a waste of time you waiting for the accounts to be published, they may never be published or they may be late. Where companies are involved, usually bailiffs can be effective since they have additional rights over individual debtor enforcement such as forcing entry to commercial premises on the first visit.

    However, you may also need to be mindful about throwing more money at enforcement or making sure you use the most effective one as that money may not be reclaimed if the company decides to go insolvent.
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    • #3
      Thanks for your response, Rob! Appreciate you sharing your advice. I did send in the CC Bailiffs initially - they said they were unable to access the property as it was "a private house and the company has no saleable goods there". The address is their registered business address though, and being a limited company i understand bailiffs are able to take goods related to their work - eg tools, van etc.

      My thinking regarding the accounts is that they are due to reflect their business state as it was just 30 days before the date they provided information under Record of Examination. My instinct tells me that they did not provide full details at this hearing but obviously this is hard to prove.

      The business is still trading and undertaking projects and (presumably) receiving payments into their bank account provided (although they may be redirecting funds out of that account pretty swiftly by the looks of things) I could also explore High Court bailiffs as an option...?

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