Enforcing CCJ

RBS

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Jul 13, 2009
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I have been awarded today with CCJ for £1200. Its car showroom located in London, they even sell £40k cars, so there is stuff to recover costs. They have 3 weeks to pay, but 99% they won`t even bother to communicate with me. They didn`t turn up to court hearing, never replied to my letters.

Questions is - what`s better options - use county court baillifs or transfer to 3rd party enforcement company? Which got more respect/power/success rate?
 
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RBS

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enforcement company. Make sure its one of those companies that stick on 200% of the cost so they cough when they get the bill :)

I believe there is a cap on costs for recovery action. They cannot just slam 100% on top because they just want to :| £2400 is harder to recover than £1200, so its not in my interest to find such a company :D
 
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daniel.benson

I would recommend the using the services of a High Court Enforcement officer as the debt is over £600. A HCEO can force entry to commercial premises (so long as it does not from part of a dwelling) and also do not need to inform the debtor of the intended visit giving them the element of surprise.

County Court Bailiffs have limited powers compared to a HCEO and it's more expensive using a County Court Bailiff.

We can offer this service for you. If your interested drop me a pm,

Good Luck...
Daniel
 
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daniel.benson

I love it - they have formed a new company with slightly different name, same address, same business. Do I have any chance of enforcing CCJ?

Standard Practice of a company director who's playing the game.

If they have assets then you could enforce the judgment via the use of bailiffs other than that I'm not sure if any other orders will benefit you.

You have to weigh it up, Do I send another £60 on sending in the bailiffs or another £100+ quid on an order or do I writ the debt off. :|

You need to make your mind up asap before they close down the old company and move on
 
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Here's a direct action idea I saw one guy carry out to another car showroom. He parked, legally, a van right outside the forecourt with a huge sign setting out his complaint and walked away leaving it all day. Obviously people publicising complaints in this way have to be careful what they say is not defamatory, ie they can prove it to be truthful and also not malicious. In your case you can just show a copy of the CCJ and say the company have not paid the debt underneath a large title saying something like "PLEASE READ if you are about to do business with X". Walking away avoids them calling the police to allege a breach of the peace.
 
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RBS

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If they have assets then you could enforce the judgment via the use of bailiffs other than that I'm not sure if any other orders will benefit you.

I don`t really know if they own all those cars in their showroom. If they do, what happened to ownership after they formed a new company on 23rd of March 2011 - no idea.
 
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My Office Accountant

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Apr 27, 2011
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Hi

The best advice is to go to company house and buy their last final account. The account should able to show the cumulative assets and liabilities they own at that time. If they company is less then 12 month since they file their account, you can apply for bankruptcy for the company as you are now legally a creditor. (Note- if the liabilities are more than the assets, then just write it off)

All their assets will be accounted for and you should able to get some of your money back.


If you need any more help, please contact us.


MyOfficeAccountant.co.uk

Tel: 0800 988 2656
 
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daniel.benson

The old company only has 1 director which he's not appointed on the new company nor a share holder also the new companies status is this:

Directors not appointed :|

How do you know all the vehicles don't belong to him? seems very strange a car garage does't own the cars he's selling?

If your going to do something I would get it done now mate before he clears up that company.
 
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Alan R Price

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Jul 5, 2010
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It feels so sad that companies can get away so easy by just forming a new company. Debt should be secured against company director/owner.

It may be they are acting illegally: a company cannot just shut down and transfer its assets to another company, leaving all its debts behind. The best thing is to instruct a HCEO, who will at least visit the premises and get the story from the people curently operating there. You can then check up to see if what they are saying makes sense. You will then have to decide whether you need/want to spend further money chasing the debt owed to you.
 
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RBS

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Got reply from HCEO`s. Well, as I suspected :(

They attended premises, commercial building. Spoke to a director who claimed they were a new ownership and had just changed the name. They showed officer proof that all cars had been bought by XXXX Ltd. Receipts were shown.

What an easy way to escape CCJ - just change the name of company and carry on - same premises, same people, same scam.
 
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Alan R Price

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Jul 5, 2010
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Got reply from HCEO`s. Well, as I suspected :(

They attended premises, commercial building. Spoke to a director who claimed they were a new ownership and had just changed the name. They showed officer proof that all cars had been bought by XXXX Ltd. Receipts were shown.

What an easy way to escape CCJ - just change the name of company and carry on - same premises, same people, same scam.

Do you know if "oldco" is in liquidation? If so you could contact the liquidator to find out more although prospects don't sound encouraging.
 
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J123

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I also bought a car from A1 or A6 Performance Solutions and the moment I drove it home the car started producing excessive smoke and dripping oil/petrol. Called dealer who asked me to bring the car back to him, which I did and he informed me that the turbo had gone and it would be repaired or he would give a refund. When I bought the car I was informed the car was in excellent condition including the engine and a new turbo had been fitted. I later found out that service documentation supplied for this car turned out to be fraudulent and not for this car. The car was left with the dealer for repair During the weeks that passed there was one excuse after another as to why the car had not been repaired (I had to telephone them as they hardly ever contacted me with an update). He told me he was still waiting for the turbo. After a number of weeks of hearing this excuse I contacted Mercedes who said it was in stock. When I relayed this back to A1 Performance Solutions I was informed that they had ordered it from Germany to save on costs and once replaced the car would be as new. He told me on one occasion to stop wasting his time as he had other customers to deal with and he was repairing the car out the goodness of his heart. On another occasion that he had seen the Turbo been replaced but only later for me to find out it had still not been done. On another occasion that the computer was being reset. And on another occasion he also told me that the gearbox, head, cooling pipes and headlamp have all had to be replaced. Eventually he very nicely told me to F*** OFF. Finally after months of chasing the dealer I threatened legal action and then A1 Performance Solutions goes out of business only to setup as A6 Performance Solutions. They had the car for nearly 3 months I had to get the car towed as the dealer has removed the original Turbo and refused to return it. I am facing a massive repair bill to put right what should have been done by the dealer. Please be careful when dealing with this dealer.

If you paid for the car or even the deposit using a credit card it may be possible to pursue the credit card company under section 75.

 
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kaido

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Aug 17, 2011
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I have been awarded today with CCJ for £1200. Its car showroom located in London, they even sell £40k cars, so there is stuff to recover costs. They have 3 weeks to pay, but 99% they won`t even bother to communicate with me. They didn`t turn up to court hearing, never replied to my letters.

Questions is - what`s better options - use county court baillifs or transfer to 3rd party enforcement company? Which got more respect/power/success rate?
I would rcommend you pass it on to a decent debt Collection Agency who can inforce and get your money. This is least stressful and you may not even have to pay them as they may be able to add the their fees and collect from th debtor.


Good luck
 
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RBS

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RBS

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Avoid Daniels Silverman as they are bunch of scammers who make their money from clients paying an admin cost and doing nothing apart from sending letters and emails with idol threats and threats they cannot follow up on.

I have used used them once and WILL NEVER USE THEM AGAIN. Just google "Daniels Silverman Scam"

i had used daniels Silverman (based in Liverpool) in the past and they proved good though I did have to pay 500GBP joining fee (which I found rather excessive). I paid since I had many bad clients that needed tough chasing. They got me results, so it wasnt too bad.

i suggest you shop around and find one that suits.
 
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RBS

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phoneboxproductions

I too won ccj against a production company back in march sent the HCO (start sher...)around in may and the company disappeared but while digging on the companies house website found out that the company is still active and more over another company emerge around the same time on the same address. they owe me around £4000 + interest. is there anything that i can do? it's getting really fustrating
 
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daniel.benson

I too won ccj against a production company back in march sent the HCO (start sher...)around in may and the company disappeared but while digging on the companies house website found out that the company is still active and more over another company emerge around the same time on the same address. they owe me around £4000 + interest. is there anything that i can do? it's getting really fustrating

Send me over the debtor's company details I'll have a look around for you and see if I can give you some advice on what other options you have.

Regards
Daniel
 
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