Court Enforcement Services

[nunners]

Hi all,

We are trying to claim, via the courts (Court Enforcement Services have tried but seem to not get hold of our client), for some money which is owed.

It seems the limited company has no assets.... yet!

Once the CES have tried all methods, can we just wait for the company to get assets and then instruct them to go again.

We are sure the business will at some point have assets, as they appear to be gearing up on socials.

Anyone got any advice on where to go from here?

Thanks

[Simpo Two]

Did you get a CCJ against them?

[nunners]

Yes and have tried to visit them twice. But to no avail.

[Simpo Two]

Seems that CES are High Court bailiffs so I'm not sure where you go after that. Maybe ask their advice, or try another HC enforcement company?

[Peter911]

Never bother suing a man of straw

[StevieBee]

nunners said:

Once the CES have tried all methods, can we just wait for the company to get assets and then instruct them to go again.

Yes. A CCJ remains in place for six years. So sit on it until they have sufficient assets and then enforce. The risk is that they liquidate the company and start again, rendering the CCJ useless.

[Simpo Two]

StevieBee said:

nunners said:

Once the CES have tried all methods, can we just wait for the company to get assets and then instruct them to go again.

Yes. A CCJ remains in place for six years. So sit on it until they have sufficient assets and then enforce. The risk is that they liquidate the company and start again, rendering the CCJ useless.

There must be some way they can go after the directors personally, no?: A limited company can't be a 100% bomb-proof defence can it?

[StevieBee]

Simpo Two said:

StevieBee said:

nunners said:

Once the CES have tried all methods, can we just wait for the company to get assets and then instruct them to go again.

Yes. A CCJ remains in place for six years. So sit on it until they have sufficient assets and then enforce. The risk is that they liquidate the company and start again, rendering the CCJ useless.

There must be some way they can go after the directors personally, no?: A limited company can't be a 100% bomb-proof defence can it?

Unfortunately, there's isn't.

If the Directors have provided personal guarantees, Ltd status won't afford them any protection although in such scenarios, the creditors will be banks. And if the Directors have acted illegally there may be some recourse to recover debts from them directly.

Other than that, a Ltd is pretty much 100% bomb-proof. Even HMRC can't pursue Directors for outstanding corporation tax.

Often, the only way to get Directors to settle debts owed by their company is via the services of 'Bermondsey Dave', often found residing at your nearest Flat-Roof pub!

[Simpo Two]

Hmm. How would the the OP know if they had provided personal guarantees?

[StevieBee]

Simpo Two said:

Hmm. How would the the OP know if they had provided personal guarantees?

The only time would be in the case of liquidation where such arrangements would be included within the disclosure documents. In any case, that would only relate to any borrowing they have in place or if they have a large credit limit with a supplier where a PG was required.

[nunners]

Hi all,

Many thanks for your replys, this has certainly cleared up some questions I had.

May just play the waiting game.....

Thanks

[sgrimshaw]

Many moons ago, in a former life, I was sent on a debt collection course.

The most powerful tool is to apply for a winding-up petition.

Used it several times and in each case we had the money within a week.

https://www.gov.uk/protecting-company-from-compuls...

Very satisfying when a director has said to you ... "just f**ing sue us then"