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Obstacles to enforcement

  • Help & Support
Not sure what to do
  • Introduction
  • Does your debtor own a car?
  • Does your debtor have a job?
  • Does your debtor own plant machinery?
  • Does your debtor own a business?
  • Does your debtor own
    their own house?
  • Does your debtor have
    a bank or building society account?
Obstacles to enforcement
  • Obstacles To Enforcement
    - Be Prepared!
  • My debtor has ceased trading
    - what can I do?
  • My debtor has gone away
    - what can I do?
  • My debtor is a company and claims Insolvency
    - what can I do?
  • My debtor is an individual person and claims bankruptcy
    - what can I do?
  • My debtor's goods belong
    to a third party
    - what can I do?
  • My debtors goods are claimed by a landlord
    - what can I do ?
How to transfer your CCJ
  • Enforce your Money Judgment - CC or HCJ
  • Apply for a Charging Order
  • Apply for an Attachment of Earnings Application
  • Apply for an Order to Obtain information
  • Apply for a Third Party Debt Order
  • Prepare and Serve a Statutory Demand
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My Debtor Has "Gone Away" - What Can I Do?

Look at the Status/Credit Reference Report

If you received a Status/Credit Reference report when opening the account this may give you alternative addresses. In the case of a limited company, you are entitled to contact the directors, particularly the Company Secretary, who has an obligation to inform any interested party of the status of the limited company. You can contact these individuals at their home address or address lodged with Companies House but you cannot make them individually liable for any debt. A polite question should help you establish whether, for example, the company has entered liquidation, or a voluntary arrangement. If this is the case, you may need to seek professional advice about your rights as an unsecured creditor to a limited company.

If all else fails!:

If these simple and cost effective efforts fail then you should seek the help of a professional Collection/Tracing company who may quote costs usually from £50 to £60. For further information on debt collection and tracing agents, visit the Credit Services Association at www.csa-uk.com

Remember that directors of limited companies can be summoned to come to Court to be questioned about the whereabouts of the company's assets using the Order To Obtain Information procedure under Part 71 of the Civil Procedure Rules. There is even a tailor made questionnaire for that purpose,.

Finally we have our own brand of trace and investigation in our brand "SHERLOCK" where trained staff can take steps to locate debtors on your behalf. Use the home key to go back to the main Shergroup page, and then select "Sherlock". From there choose the Trace Track Form, fill it in and send it to the Sherlock team who will be more than pleased to help you find your debtor.

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