Money Claim Advice

[roadsmash]

Hi all

I made a claim against a small business (as a consumer) using MCOL, this cost me a fixed fee which I paid through MCOL.

The company didn’t respond to my initial claim within the correct amount of time so I entered judgement against them. I believe this means I win automatically. This cost me another fixed fee (IIRC).

After another period of time without response I entered a warrant. This also cost me another fixed fee paid through MCOL.

I now know that in-between entering judgement and entering the warrant the company gave notice to be struck off the register. I chose not to bother objecting to this (although I may still have time to do so).

The local court has in the meantime written to me stating that despite best efforts the bailiffs have been unable to secure any payment, but will pass on to the bailiffs (another set of bailiffs?) for a *home* visit. This seems odd because I’m claiming against a business? I presume this is a generic response?

So what happens now? To be honest I was hoping for the MCOL process to prompt a response from the company, who by the way are 100% in the wrong (a very simple case), and encourage them to give me back what I’m owed to make it all go away for them, but due to the circumstances this appears to have failed (which I appreciate can happen).

It looks like I’m flogging a dead horse, so will I be charged for extra bailiffs costs while they continue pursuing the company, or am I only liable for what I’ve already paid?

If I’m not liable for extra costs shall I just let them keep pursuing?

To be honest either way I’m also happy to withdraw my claim but not sure how this is done, the MCOL website allows you to discontinue a claim but this can’t be done after a judgement is entered.

Essentially I wasn’t expecting it to pan out this way so would rather end all this in the easiest way, as I consider the money I’m owed completely gone for good.

Any advice would be much appreciated.

Cheers

[Jasandjules]

First question - was the Defendant a Limited Company?

[silentbrown]

Jasandjules said:

First question - was the Defendant a Limited Company?

OP said "the company gave notice to be struck off the register".

I think that answers it for you. Unless you're thinking they're an Unlimited company?

[roadsmash]

Limited company, correct.

[Countdown]

The bailiffs will go to the Company’s registered address and try to secure payment or assets. If that registered address is somebody’s home then they’ll go there (but afaik they can only seize assets belonging to the Company).

[kestral]

If it's a judgement in your favour for £600 or over it appears to be best to use high court enforement officers than regular court baliffs.

https://www.hceoa.org.uk/faqs/do-you-need-the-serv...

[kestral]

roadsmash said:

Hi all

I made a claim against a small business (as a consumer) using MCOL, this cost me a fixed fee which I paid through MCOL.

The company didn’t respond to my initial claim within the correct amount of time so I entered judgement against them. I believe this means I win automatically. This cost me another fixed fee (IIRC).

After another period of time without response I entered a warrant. This also cost me another fixed fee paid through MCOL.

I now know that in-between entering judgement and entering the warrant the company gave notice to be struck off the register. I chose not to bother objecting to this (although I may still have time to do so).

The local court has in the meantime written to me stating that despite best efforts the bailiffs have been unable to secure any payment, but will pass on to the bailiffs (another set of bailiffs?) for a *home* visit. This seems odd because I’m claiming against a business? I presume this is a generic response?

So what happens now? To be honest I was hoping for the MCOL process to prompt a response from the company, who by the way are 100% in the wrong (a very simple case), and encourage them to give me back what I’m owed to make it all go away for them, but due to the circumstances this appears to have failed (which I appreciate can happen).

It looks like I’m flogging a dead horse, so will I be charged for extra bailiffs costs while they continue pursuing the company, or am I only liable for what I’ve already paid?

If I’m not liable for extra costs shall I just let them keep pursuing?

To be honest either way I’m also happy to withdraw my claim but not sure how this is done, the MCOL website allows you to discontinue a claim but this can’t be done after a judgement is entered.

Essentially I wasn’t expecting it to pan out this way so would rather end all this in the easiest way, as I consider the money I’m owed completely gone for good.

Any advice would be much appreciated.

Cheers

To end it you just leave it, you don't do anything let the judgment sit on the register so payment can still be made at a later date as has happened in the past to me(when they find they have problems getting credit)

Don't withdraw the calim. And also object to their request that they should be struck of the register, otherwise they are away scot free.

To object all you do is say I object "because they have not paid me". They may have lied to the court and said they have paid you.That can be why the court ask you if you object to their name being removed.

You must leave them on the register so it is difficult for them to obtain any credit. Once they are on the register only you can confirm to the court that they have paid you.

The baliffs will not keep attending unless you tell them to.

[roadsmash]

Thanks all.

Very helpful indeed.

kestral said:

To end it you just leave it, you don't do anything let the judgment sit on the register so payment can still be made at a later date as has happened in the past to me(when they find they have problems getting credit)

Don't withdraw the calim. And also object to their request that they should be struck of the register, otherwise they are away scot free.

To object all you do is say I object "because they have not paid me". They may have lied to the court and said they have paid you.That can be why the court ask you if you object to their name being removed.

You must leave them on the register so it is difficult for them to obtain any credit. Once they are on the register only you can confirm to the court that they have paid you.

The baliffs will not keep attending unless you tell them to.

Thanks for the informative reply kestral. What about costs etc?

I just imagine these sorts of things snowballing into thousands and thousands of pounds.

[bad company]

roadsmash said:

Thanks for the informative reply kestral. What about costs etc?

I just imagine these sorts of things snowballing into thousands and thousands of pounds.

It sounds like you’re doing it yourself rather than involving lawyers so what costs are you concerned about?

[roadsmash]

bad company said:

It sounds like you’re doing it yourself rather than involving lawyers so what costs are you concerned about?

Apologies, I mean I’ve paid approx £90 to MCOL to date (IIRC), presumably bailiff costs will be higher than this now and continue to increase as they attempt more and more.

Will I be liable for these costs?

Perhaps it’s a stupid question. But I just don’t understand how anyone is going to get reimbursed if we are never getting our money back.

[ElectricPics]

roadsmash said:

bad company said:

It sounds like you’re doing it yourself rather than involving lawyers so what costs are you concerned about?

Apologies, I mean I’ve paid approx £90 to MCOL to date (IIRC), presumably bailiff costs will be higher than this now and continue to increase as they attempt more and more.

Will I be liable for these costs?

Perhaps it’s a stupid question. But I just don’t understand how anyone is going to get reimbursed if we are never getting our money back.

Recovery agencies carrying out high court enforcement take the risk on getting their attendance fees paid by the debtor which incentivises the recovery agents. There's a court fee of £66 to have a CCJ transferred to the high court which is recoverable from the debtor. To get County Court bailiffs to enforce a CCJ you have to pay the court fee of £110 for a Warrant of Execution which is recoverable from the debtor along with your other court fees.

How much is the debt because if it's £600 or more that gives you the option of at least having a discussion with a recovery agency to see if it's worth instructing their High Court Enforcement Officers.

[elanfan]

First job write to Companies House and show them the evidence that you are taking legal action against the company. They will delay the dissolution of the company for 6 months. You need to get the name exactly right and a company number will help. www.companycheck.co.uk is your friend here. I’m sure not being able to dissolve the company comes with some hassle for the debtor.

Escalate to the High Court and get Paul Bowhill on the case! You might even get recovery filmed which would be satisfying. How much is the debt, what sort of business is it and what makes you think there’s nothing to seize?

[kestral]

roadsmash said:

Thanks for the informative reply kestral. What about costs etc?

I just imagine these sorts of things snowballing into thousands and thousands of pounds.

No it will not snowball. Once you have judgemnet that's it the court are not interested unless you take action to recover the debit. Which you did by I assume paying Court Baliffs to try and recover. If they fail to recover they will tell you that they may attempt again but that to my knowledge is included with the inital fee you paid. If they want to keep attempting recovery(I don't know why they would as it takes time and money to do that) they would tell you something along the lines "we have tried to recover twice now and have been unsuccessful if you wish us to continue we would require a further payement of...

If you have had enough just leave it and let the debt lie on the register. But it looks like what the defendant has done is taken advice and they have been told "make an appliction to have the debt removed from the register the plaintiff may not object in which case the court will remove it" (you don't want that).

The court is working for you in this case. You stop they do.

If you want to carry on because you have judgment which is the key, you can really ramp it up by putting a charging order on property they own and just sit back until they sell then the solicitor selling the property on their behalf sends you the money you are owed. It's the only way they can sell the property.

If you have their bank details you can garnish(remove the money you are owed)from their account without them even knowing.

It depends on how much you want to chase the debt.

But whatever you do make sure you do not let them have the judgment removed from the register.

[kestral]

elanfan said:

First job write to Companies House and show them the evidence that you are taking legal action against the company. They will delay the dissolution of the company for 6 months. You need to get the name exactly right and a company number will help. www.companycheck.co.uk is your friend here. I’m sure not being able to dissolve the company comes with some hassle for the debtor.

Escalate to the High Court and get Paul Bowhill on the case! You might even get recovery filmed which would be satisfying. How much is the debt, what sort of business is it and what makes you think there’s nothing to seize?

In his case he already has judgment not just takeing legal action.

That's nice to know "delay the dissolution of the company for 6 months"