Recovering a Debt

Discussion in 'Legal' started by alig31, Dec 7, 2018 at 3:46 PM.

  1. alig31

    alig31 UKBF Newcomer Free Member

    26 0
    Hi all,

    trying to recover a debt that has been through the County Court and the debtor has still refused to pay. (CCJ). I applied for the director to be questioned in court as to why the debt hadn't been paid. I had to serve the notice on 'the person' but after I found out his home address, his wife told me he was out the country. Other than camping outside his house, has anyone any suggestions on how I can serve notice. The court was no use as they said they were unable to give legal advice.

    Let me know if you need any more detail in order to answer.

    Thanks in advance
    Allan
     
    Posted: Dec 7, 2018 at 3:46 PM By: alig31 Member since: May 30, 2010
    #1
  2. Blaby Loyal

    Blaby Loyal UKBF Enthusiast Free Member

    549 107
    Is the debt enough (> £5k) to threaten bankruptcy proceedings?

    Do a Land Registry search on the address and see who the Registered Proprietor(s) are?

    If it's him or him and wife then there is a risk of loss to them.

    If it's not him then a tent and a sleeping bag is likely to be your best bet I'm afraid and even then they'll probably lie in court.
     
    Posted: Dec 7, 2018 at 3:54 PM By: Blaby Loyal Member since: Jun 12, 2018
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    10,554 1,106

    Debt owed by the company or debt owed by an individual who also happens to be the director of a company too?
     
    Posted: Dec 7, 2018 at 3:55 PM By: Mr D Member since: Feb 12, 2017
    #3
  4. Blaby Loyal

    Blaby Loyal UKBF Enthusiast Free Member

    549 107
    Indeed, I misread the original post.

    I'm not aware you have to serve the notice on them physically or in person.

    See how much a process server would charge you to serve it or you could serve it yourself and then file a Certificate of Service (Form N215) in court. I'd recommend sending a covering letter with the notice to confirm the day and date of service and that an N215 will be lodged with the court as evidence.

    All the director has to say at the hearing is that the company is insolvent and a whole new avenue of obfuscation will open up. Prepare yourself for that happening and have some questions to establish precisely why the company is insolvent.
     
    Posted: Dec 7, 2018 at 4:17 PM By: Blaby Loyal Member since: Jun 12, 2018
    #4
  5. Lovetts Solicitors

    Lovetts Solicitors UKBF Regular Full Member

    112 18
    What's the size of debt? Any particular reason why you went for an Order to Obtain Information rather than enforcing with the bailiff (or if the debt was over £600 transferring up to the High Court for enforcement by the High Court Enforcement Officer?)

    I'm assuming you got the Judgment by default because the debtor didn't respond to your Claim? In that case threatening bankruptcy would certainly be an option if the debt is over £5k as Blaby suggested above - it's amazing how receiving a winding up petition in the post sharpens the mind!
     
    Posted: Dec 8, 2018 at 3:17 PM By: Lovetts Solicitors Member since: Oct 14, 2015
    #5