Small claims court
Discussion
I had a company fit granite worktops in my kitchen, after a year of them messing me around I got another company to replace the bodged job and took the original company to the small claims court. The small claims court issued a judgement agaist the original company however a few months have gone by and I have still not received my cash. What is the best way to go from here - are there companies who will chase this up causing maximum hardship in the process (all within the law of course!)?
The court won't do anything of its own motion to pursue the judgment - that's up to you.
The most obvious option is issue a warrant of execution and get the county court bailiff to attend and try to seize goods. THey're as much use as a chocolate fireguard though so don't hold your breath.
If you know the debtor has assets and/or the means to pay, you may be better transferring the judgment to the High Court for enforcement purposes. Private High Court enforcement officers are rather more effective....
Or send the debtor a statutory demand threatening to make them bankrupt/have the company wound up (as appopriate) if the debt isn't settled within 21 days.
The most obvious option is issue a warrant of execution and get the county court bailiff to attend and try to seize goods. THey're as much use as a chocolate fireguard though so don't hold your breath.
If you know the debtor has assets and/or the means to pay, you may be better transferring the judgment to the High Court for enforcement purposes. Private High Court enforcement officers are rather more effective....
Or send the debtor a statutory demand threatening to make them bankrupt/have the company wound up (as appopriate) if the debt isn't settled within 21 days.
STOP! DO NOT ISSUE A WARRANT OF EXECUTION UNDER ANY CIRCUMSTANCES !
If you do you are wasting £50, because county court enforcement officers are muppets.
You need to issue a writ of Fi Fa and uprgrade the judgement to High Court Status, High court enforcement officers can then be instructed.
A stat demand is another route but can be very expensive if you see it through to the end, ie winding up petition / Bankruptcy.
There are loads of options available depending on the circumstances. IE a charging order over the debtors property or shares, third party debt order or attachment of earnings or Receiver for an equitable execution
Feel free to give me a call on 0800 412 5262 (Gemini Debt Recovery) for some free advice, if you want us to act for you after that then fine, if you don't no problem.
http://www.geminidebtrecovery.com or http://www.letterbeforeaction.co.uk
If you do you are wasting £50, because county court enforcement officers are muppets.
You need to issue a writ of Fi Fa and uprgrade the judgement to High Court Status, High court enforcement officers can then be instructed.
A stat demand is another route but can be very expensive if you see it through to the end, ie winding up petition / Bankruptcy.
There are loads of options available depending on the circumstances. IE a charging order over the debtors property or shares, third party debt order or attachment of earnings or Receiver for an equitable execution
Feel free to give me a call on 0800 412 5262 (Gemini Debt Recovery) for some free advice, if you want us to act for you after that then fine, if you don't no problem.
http://www.geminidebtrecovery.com or http://www.letterbeforeaction.co.uk
Edited by jamesuk28 on Wednesday 5th November 22:11
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