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Enforcing the County Court Order

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  • Enforcing the County Court Order

    Hi, I am a claimant and obtained a County Court Oder for a dissolved Ltd company registered in the UK and was wondering how do I enforce it to recover sums of money? I understand that I have to make an application to the County Court for an enforcement order within six (6) months after the order was issued. But the fact that the company is no longer there, how am I going to enforce it and get my money back? The Official Receiver who dealt with the company in question has, since I took the case to court stopped responding to neither myself nor the Court. The Official receiver must have received the Court papers served to the Company and the Court Order was again sent recorded and Royal mail records shows it was received and signed for. But there has been no response whatsoever. I also understand that the claim I made to the Court couldn't have been made against the Official Receiver; so I correctly made it against the company, but now that the Court Order has been issued, would I be able to enforce it to the official receiver who doesn't want to respond? Any leads/suggestions are welcome.
    Please help.
    Tags: None

  • #2
    Re: Enforcing the County Court Order

    Does the company have any assets?If the company has no assets or money the OR wont pay anyone

    Comment


    • #3
      Re: Enforcing the County Court Order

      Originally posted by Mr Kangaroo View Post
      Hi, I am a claimant and obtained a County Court Oder for a dissolved Ltd company registered in the UK and was wondering how do I enforce it to recover sums of money? I understand that I have to make an application to the County Court for an enforcement order within six (6) months after the order was issued. But the fact that the company is no longer there, how am I going to enforce it and get my money back? The Official Receiver who dealt with the company in question has, since I took the case to court stopped responding to neither myself nor the Court. The Official receiver must have received the Court papers served to the Company and the Court Order was again sent recorded and Royal mail records shows it was received and signed for. But there has been no response whatsoever. I also understand that the claim I made to the Court couldn't have been made against the Official Receiver; so I correctly made it against the company, but now that the Court Order has been issued, would I be able to enforce it to the official receiver who doesn't want to respond? Any leads/suggestions are welcome.
      Please help.
      Does the company have any assets?

      If it does then the HCEO may be the best way to go, send in the Sherriffs
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Re: Enforcing the County Court Order

        is it not wise to see if there are any assets before paying more fees

        Comment


        • #5
          Re: Enforcing the County Court Order

          There will be no way of you getting your money back, if a ltd company is dissolved, then they have no assets, cut your losses don't spend any money trying to get it enforced
          None of the beliefs held by "Freemen on the land" have ever been supported by any judgments or verdicts in any criminal or civil court cases

          Comment


          • #6
            Re: Enforcing the County Court Order

            Originally posted by josephbloggs View Post
            There will be no way of you getting your money back, if a ltd company is dissolved, then they have no assets, cut your losses don't spend any money trying to get it enforced
            Exactly so, dissolved company+ no assets = Zilch to enforce against.

            Comment


            • #7
              Re: Enforcing the County Court Order

              You can always ask the Official Receiver to send you a copy of the dissolution financial statement, if any % was paid to creditors and you got nothing then the OR is responsible for your loss, you can take them to Court, if the amount you have lost is worth spending more money......however I would not throw good money after bad....that's my two cents
              The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

              A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

              A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



              It's a dirty job, but someone got to do it!

              My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

              Comment


              • #8
                Re: Enforcing the County Court Order

                Hi all, thank you for your replies/help. I am told that the dissolved company's high priority creditors were the ones who benefited and me, being a customer was not in a priority list. However, the OR and the Liquidator of the dissolved company have not provided me with the details of the Underwriters/insurers of the dissolved company and was wondering if somebody can tell me to what extent and how significant would the underwriter/insurer got involved with the OR/Liquidator during the insolvency process and what can I do in order to get them disclose that information to me ? The DPA request to the liquidator has failed. This whole thing is in relation to a PPI misselling where the sale took place pre2005 and the seller is out of business. The amount involved in significant and therefore I would like to explore every option available to me as a consumer in order to get my money (which I paid in full) back. Please help.

                Comment


                • #9
                  Re: Enforcing the County Court Order

                  This whole thing is in relation to a PPI misselling where the sale took place pre2005 and the seller is out of business.
                  Can you give a bit more info ? Is this fees you have paid to a company to reclaim your PPI for you ? or you're claiming PPI misselling against a company pre 2005 ?

                  What did you take them to court for and did you obtain a judgment in default ?
                  #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

                  Comment


                  • #10
                    Re: Enforcing the County Court Order

                    Hi, I am claiming PPI misselling against a company pre 2005. No CMC is involved. It is a default CC Judgement.I do not have underwriters/Insurers details hence tried to get them from the Liquidator/OR but they said they have destroyed the details.With the Court Order in my possession I thought I could get OR/Liquidator to help but have since gone quiet and never responded to any Court correspondence. It would have been easier if the Liquidator/OR provided me with the Insurer/Underwriter details but they haven't. Hence I am still determined to get them give that information so that If I fail to get my Court Order reinforced, I can pursue the Underwriter. Any advice is welcome.

                    Comment

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