Hugh Problem with Warrent unable to recover Money

[Rachee]

HELP PLEASE

This is my first post.

I had been through all the steps with HBOS credit card and then put a cliam in through MCOL I won as they did not acknowledge. I contacted HBOS on many occasions and still did not get my money so I issued a Warrant.

Today on my MCOL it say:

"The Bailiff has been unable to recover the amount shown on the warrant. You are unable to take any further action online on this warrant.

If you have a joint judgment against two defendants you can try to re-issue the warrant against the second defendant, this cannot be done by using Money Claim Online."

Does this mean even though I won they do not have to pay? If it does it means I have lost even more money.

I have got another claim for £3100 with Barclays and I am very worried that the same is going to happen with this and that I will get nothing back
Has this happened to anybody else is there any way I can get the money I won even though the Balliffs cant?

[MARTIN3030]

You need to find out why the warrant has been returned as unsatisfied.
Re-issue costs 25.00.
One of the most common reasons that a warrant is returned is wrong address.
Only when you are in receipt of the facts for its return can you start to identify what needs to be included in the re-issue.
Call Northampton for this information.
This is obviously one of the advantages of filing claims at your local court.You actually fill out the request yourself and therefore are able to check that all the details are correct.
In addition there is provisions there to include contact numbers for you should the baliffs need to contact you this is quite important.
Northampton will give you advice.
If you want to do further reading then look on the HMCS site and click on form EX322

If judgement has been given its also worth considering using an enforcement officer although the fees are higher.

benefits are good though.
Many work outside Mon-Fri hours
They do not advise prior to their visit that they will be attending
They make multiple trips to other addresses in the area for no extra fee.
They remain in contact at all times with the claimant for instructions should there be problems.
They have powers to use forced entry to commercial property

forget the county court bailiffs, they are rubbish.

Use these guys Elliott Davies - High Court Enforcement Officers they will get your money for you, I have suggested a few members use them and they collected in full for them all.

And if this should fail, wind them up as insolvent, I will do it for you for free.

in fact if you want to serve a statutory demand I will draw one up for you (free), if after 21 days they have not replied you will be able to windup HBOS.

[MARTIN3030]

Ha Ha.........Ash you have a way with words- and something tells me this claimant will be getting sorted SOONER rather than LATER

[Rooster-UK]

Originally Posted by Zooman

in fact if you want to serve a statutory demand I will draw one up for you (free), if after 21 days they have not replied you will be able to windup HBOS.

Ash, I would pay for a ticket to see that.

Thanks to everyone who has responded to this thread.

Rooster.

[Rachee]

Hi there

Thank you very very very much for responding to me.

If you would do that for me I would really appreciate it. I also contacted MCOL who replied with this

Dear Sirs
You will need to seek legal advice as to how to proceed from here, as I am not legally trained.

I would recommend you seek legal advice from a Solicitor, Citizens Advice or visit www.clsdirect.org.uk for further information.


Regards
Shalama Khanom
Money Claim Online
Northampton

I was very scared that this was going to get even more expensive for me, so I really would love your help. Let me know what you will need off me and I will get it to you ASAP.

thank you very much again

[Josamolly]

Rachee, i don't think you realise how many CAG 'big guns' you have helping you here, and i don't just mean the Mods and SH's.....

I am going to sit back and watch this and see what fun you guys have with this one...

[Rachee]

Cheers.

I really hope it works I feel alot better now than I did yesterday when I realised.

[jwp001]

The answer to your problem thankfully is quite simple.... all you need to do is begin insolvency action against them... then they'll pay!!! probably so fast that the notes will still have damp ink.
Goto your local county court they will furnish you with the correct form

it just got a lot more fun rachee may share later

[Gingerheid]

Rachee... please share!!! Please please please!!!

[demon_x_slash]

Awaiting (and subscribing)

[Rachee]

I will let you know what I am doing later, Zooman is going to run me through exactly what I will be doing when we speak.

I will let you all know then (Im even getting excited now!)

[babyboo23]

Hi
I have a feeling I may soon face the same problem. I have issued a warrant for bailiffs against a motor parts company because I won my court case but they are refusing to pay the amount they were ordered to pay me. I have a feeling that they may not have enough goods at the address I gave the bailiffs. If I am right and the warrant comes back as syaing that they cant recover the money how do I take further action against this company....I would love to see them out of buisiness before they cause someone else the troubles they have caused me.

thanks

[Rachee]

Hello again

Just got off the phone and the action I am going to take is to use Elliott Davies High Court ENforcement Officers to try and recover the money owed to me. I will keep you all posted as to how things are proceeding.

Thanks again Ashley & everyone for replying

[Rachee]

Hi all

This is very strange but the day I was going to phone Elliot Davies I got a phone call off Halifax Bank of Scotland to say that they would be paying the money back into my credit card account that day. It was the next day it arrived but I am over the moon to have it back.

Thanks to everyone for the help.

I don't know yet what made them suddenly pay (maybe they seen the thread!)