Small Claims judgement for 25 pounds

[dc5c]

Hi, my online shopping went wrong, I paid money but never saw the purchased item. Cutting the story short, I used the Money Claim Online court to recover the money. The seller (a limited company in England) didn't respond to the claim and the court issued a judgement as I requested.

 

The judgement is for 25 pounds. I cannot request a warrant online and send bailiffs as the minimum amount for a warrant is 50 pounds. Is the money unrecoverable if it's below 50?

 

I'm assuming the seller is able but not willing to pay. I don't know where they have a bank account so a third party debt order is out of question.

Please advice if there is anything I can do to enforce the judgement?

Edited January 23, 2013 by dc5c

[Andyorch]

Surely your court fee puts it over £50 (£30)

 

Regards

 

Andy

[Ganymede]

Hi, my online shopping went wrong, I paid money but never saw the purchased item. Cutting the story short, I used the Money Claim Online court to recover the money. The seller (a limited company in England) didn't respond to the claim and the court issued a judgement as I requested.

 

The judgement is for 25 pounds. I cannot request a warrant online and send bailiffs as the minimum amount for a warrant is 50 pounds. Is the money unrecoverable if it's below 50?

 

I'm assuming the seller is able but not willing to pay. I don't know where they have a bank account so a third party debt order is out of question.

Please advice if there is anything I can do to enforce the judgement?

 

 

Is the Defendant aware of the CCJ? Send them a copy and ask for the monies. For the sake of £25.00 I think they will pay to get rid of the CCJ.

[Andyorch]

If the time limit to pay has already expired Gany they already have one.

[dc5c]

Hi,

the whole outstanding 25 pounds were court fees as the defendant paid the rest in the meantime.

[dc5c]

Is the Defendant aware of the CCJ? Send them a copy and ask for the monies. For the sake of £25.00 I think they will pay to get rid of the CCJ.

 

Thanks. They actually paid the day after I posted on this forum.

If they hadn't done so what options would have been available? Bailiff option was unavailable (amount too small), 3rd party debtors tricky (don't know details of the company's bank account). You said they would pay to get rid of the CCJ. why they would be bothered about about unenforced ccj?

[steampowered]

Applying to wind-up the company possibly.

[dc5c]

Applying to wind-up the company possibly.

 

you cannot apply for a wind-up for less than 750 pounds, pls correct me if I'm wrong

[Andyorch]

you cannot apply for a wind-up for less than 750 pounds, pls correct me if I'm wrong

 

 

 

You can apply to the court to ‘wind up’ a company if it can’t pay its debts of more than £750.

 

Regards

 

Andy

[steampowered]

you cannot apply for a wind-up for less than 750 pounds, pls correct me if I'm wrong

 

There are actually a number of different grounds you can rely on to wind-up a company, these are set out in s122 Insolvency Act 1986. One of the grounds involves the company not paying a debt of more than £750 for three weeks after being served with a statutory demand - this is the easiest way but it is not the only way.

 

For a debt of less than £750 you could use the ground "the court is of the opinion that it is just and equitable that the company should be wound up". If a company persistently refuses to pay a debt and you have exhausted other options, then I think a court would be inclined to wind-up a company on this ground if the debt still doesn't get paid.

[Andyorch]

You can apply to wind-up a company on a number of different grounds as set out in s122 Insolvency Act 1986. One of those grounds is that the company owes a debt of more than £750 and the creditor has served a statory demand. This is the simplest ground.

 

However, it is not the only ground you can use. For a debt of less than £750 you could use the ground "the court is of the opinion that it is just and equitable that the company should be wound up". If a company persistently refuses to pay a debt and you have exhausted other options, then I think a court would be inclined to wind-up the company if the debt still doesn't get paid.

 

But not for £25 so irrelevant.

 

Regards

 

Andy