Recovery Of HB OP from a Company – CCJ

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  • #43926
    MissMoody
    Participant

    Good afternoon,

     

    I am currently looking at recovering an HB OP through the County Court Process.  Most of the overpayments which I pursue in this way are individuals as in customers or landlords but in this case I have a lettings agency who is liable and has not repaid.

     

    We have exhausted all methods available up to this point but I am aware I could look to wind up or apply for a CCJ on the company.

     

    I am unaware if the N322a form allows for making an application to enforce an award on a company, it would not appear so to me but I wonder if anybody does know if there is a specific form I would use for this.  I have telephoned my local court who were not very helpful on this occasion and the OP guide does not mention Orders to Enforce Awards on Ltd companies.

     

    Any advice would be greatly received!

     

    Regards

     

     

     

    #124750
    nick dearnley
    Participant

    The N322a is for applying to enforce a debt against a debtor. I think that in your case you can use that, as it doesn’t make a distinction between individuals and companies as debtors – it’s just that the debtor is a company. The current version of the form asks what legislation allows you to recover money from the debtor, and the HB regs include agents in the role of landlords as they are a payee.

    I’ve not used it this way myself, as agents usually appeal and get told there whether they have to pay up.

    #124755
    peterdelamothe
    Keymaster

    Many well-known companies have lots of CCJ’s registered against them. It can be almost impossible to enforce a judgement against them; most remedies just do not work.

    Also you need to be very careful about whom you issue the CCJ against. It might be that you have paid “Best Estate Agents” ….but that is just a trademark name (or a franchise) and the company name is very different. The company path may be long and start outside the UK for instance.

    It is not impossible of course by any means….just be careful that you dont spend lots of money getting a judgement against the wrong company or against something that does not actually exist.

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