MoneyClaim process

Diagro said:
Hi

Yea its for Immediate Payment.

I think i will wait 7 days to see if anything happens, if nowt does i will use the High court process.

As far as i can see its a £70* fee to start it off and they add any further fee's to the final bill the defendants have to pay.
Will the Enforcement officers allow myself to tag along at the same time they enforce a writ? As the traders are on a farm which is gated and you need to ask the Farm owner to allow you access or have an appointment to view a car set up. I don't think they would take to kindly to opening the gate to some enforcement officers... but to a potential Customer is a different matter.
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no, and you wouldn't want to go. Visits are not always nice things and can turn heated incredibly quickly. Your presence would likely make things harder for the HCEO to do their job.

As to entrance, if the traders are a business then HCEO's have the right of entry onto any land or building of the business. They can force entry into the business premises and its an offence to obstruct them carrying out their duties.

That's why you use HECO's and not County Court Bailiffs (who are very professional but do not have the same powers)
 
Diagro said:
I don't think they would take to kindly to opening the gate to some enforcement officers...
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Enforcement officers (the clue's in the name) won't just knock politely and say "hello, can we have some money please"... the business owner doesn't have to "take kindly" to them :)
 
hey

Left this for a bit to stew on their minds.

Turns out over the last few days the company has pulled their website and pulled all their car listings!

Looks like they are trying to do the vanishing act.

Where do I stand now? I know who the directors are and I have their address. Can i apply for a Judgement against them personally now?
I Don't want them to get away with it.
 
Your judgement is against the company, not the individual(s). The only people who would be liable to get anything from the individuals would be someone who had security via any personal guarantee / asset
 
Diagro said:
hey

Left this for a bit to stew on their minds.

Turns out over the last few days the company has pulled their website and pulled all their car listings!

Looks like they are trying to do the vanishing act.

Where do I stand now? I know who the directors are and I have their address. Can i apply for a Judgement against them personally now?
I Don't want them to get away with it.
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Unfortunately leaving it to "stew on their minds" was a mistake - it just gave them time to vanish.

Assuming your judgment/case was against a limited company there is little that can be done. If I were you I would pass this to an enforcement agent asap and hope that they can track down where the company has gone and hope they've been shoddy in their paperwork in their attempts to phoenix the company.

If you're lucky enough to have a judgment against individuals "trading as" then you can enforce against the individual - just pass it to a HCEO.

You gave them plenty of time to answer before you took court action and the court action also took time, I don't get why you waited to be honest.
 
Why what r u claiming for? Is this that Clio u bought and had to shell out loads of £'s straight away for as it needed something major doing :confused:
 
I could be completely wrong but even if they are a business you still might be able to go after the individuals assuming they're Directors and owners at the same time which is likely in a private limited company.

Basically if courts chose to do so they 'lift the veil of incorporation' (i.e. removing the barrier between company and shareholder identity to identify the reality of the situation). If these are both the same then the Directors / Shareholders have knowingly benefited from selling up or renaming the company and not paying their liabilities I assume they might be able to be chased.

But it is pretty limited in how that is used and I don't know if it would apply here.

Once again to stress, I am not a lawyer.
 
I doubt it to be honest. Had they been hiding from tax Liability or an award due to something like a HSE related claim for serious injury / death there would be cause to do so.

For a couple of grand that may or may not have been awarded after the company was dissolved it's highly unlikely the court will be interested.
 
rodenal said:
I doubt it to be honest. Had they been hiding from tax Liability or an award due to something like a HSE related claim for serious injury / death there would be cause to do so.

For a couple of grand that may or may not have been awarded after the company was dissolved it's highly unlikely the court will be interested.
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It was awarded before they vanished. and according to companies house and other sites the company is still active.

Although it seems this dealer is trading under the name of a separate company... hmm
 
acemastr said:
So how much is this for? I can't see them shutting down a company simply because of your single claim.
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I was just thinking this, either they've been ripping off a lot of people recently, or it's just coincidence. Surely it would cost them more than the ~£5k or so they owe you to "vanish" all their stock and disappear?
 
They ow me With court fee's £1105 if they had simply paid me when they were supposed to it was £250 :D

Not much at all in the long run, But from what they told me when i bought the car they were having money issues due to Card fraud.

I drove past the location today, their unit looks deserted (used to have cars parked in front), but the large shutters are down so possibly have stuff in there still. Its based on a farm, i aim to ask the farm owner next week if they are in if the company has gone.
May have possibly become gone bankrupt, with how they acted it wouldn't surprise me what so ever.
 
Oh my god...

They are back trading under AT THE SAME LOCATION.
They used to be called "jrc autos" and now they called "jac autos"

The cheeky sods changed their name to get out of the debt.

is there anything I can do? They are the same people with the same bloody logo.
 
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