Tracing a debtor
by David Carter on 01 February 2010
In an earlier article on how to make your case enforceable, I talked about the importance of having all the correct details about your debtor so that your judgment can be enforced.
An important part of the process may be actually locating the defendant, either an individual, a sole trader or a company director.
Before you start the trace, try to gather as much information about the person as you can – name, last known address, telephone number, vehicle registration, date of birth.
Probably the most useful of these is the date of birth, as this allows a trace with a high degree of accuracy, as 90% of the records we have access to hold a precise date of birth. A vehicle registration and telephone number (personal and business numbers) also help in tracing people.
The sources of data that can be searched are quite wide-ranging. They are all Data Protection compliant of course, and include:
- Land Registry
- Birth, death and marriage records for England & Wales from 1984-2005
- BT database (updated daily)
- UK Directory Enquiry database
- Electoral RegisterDVLA - registered vehicle keeper details are only available if the case is being enforced by an HCEO
- HPI database - giving details of any financial interest, number-plate changes and insurance write off information of a vehicle
- Companies House
You can also make some preliminary checks yourself to find out whether it is worth your while to try to enforce the case. You can check whether an individual or sole trader is insolvent by checking the Insolvency Register, or find out if a company is still trading at Companies House.
A trace is a fast process with a low fee - we currently only charge £45 plus VAT per person for a positive trace, and nothing for a negative one. A trace can therefore be a worthwhile small investment to improve the chances of your case being enforced.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
