High Court Enforcer
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Everything posted by High Court Enforcer
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Providing the debtor is over 18, the Bailiffs have a right to enter peaceably. Oh and if it's any consilation, the BBC show is laughable from my side of the fence also. Not a true representation of the industry at all. You're probably wasting your time compalining though as the show finished several years ago.
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Yes, bailiffs can remove on a first visit. However, £600 sounds like a 3rd visit to me. Tools of the trade are hard to prove. They must be for the sole use of the debtor in his business. If someone else uses the equipemnt or car then it is definately not tools of the trade. If he's bang to rights then he should pay. However, I would ask the Bailiffs for proof of the previous visits, however if he's ignored it all already, he's only got himself to blame. And cash in hand for the driving lessons...... A tax cheat as well then....
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I cannot comment on the claims made above but would be surprised if it was as malicious as you make out. All HCEOs play an important part in recovering the monies owed to claimants that the defendants refuse to pay, even after judgment has been passed. However, I am willing to accept that, as with any industry, you do get a few people that spoil it. These individuals need to be brought to task and erradicated from the enforcement industry as a whole.
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It is purely a procedural decision but an understandable one. The debtor is given every chance to pay and/or make arrangements to resolve the debt. It is only when Bailiffs are instructed that it is taken seriously and they then try to take it back a step. That may sound harsh, but for the majority of cases I see, it's true. If the councils didnt farm out CT handling, nationally they would lose millions. Then the public are all to quick to bash them for cuts...
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A High Court Enforcement company is definately the way to go. Almost all HCEO's offer free transfer up but you will have to pay £50 for a Writ of Fi Fa. The defendant will have to pay their fees. You will get your judgement debt, your court costs and interest at 8% from the date of the Fi-Fa providing they are successful. If they are unsuccesful, you will be liable for £60 per address you have directed them to. Biut you've already confirmed he's there so should be a positive result. Make sure your defendant is not bankrupt (www.insolvency.gov.uk) and try to provide as much info as possible on any available assets (especially Cars etc). Good luck.
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Chriskoru, as above, Sherforce are HCEO's and were oprating under this authority and not as Bailiffs. If you really were in the industry, you should be aware of this. The figures you quote are also untrue. Higher sums have already been allowed by a Master, as quoted in ohitsonlyme's other post. Further, there is no provision that states the fees charged should not be more than the debt. If the debt is £600 and Sherforce have to visit several times and eventually remove then their charges would almost certainly be more than this amount. Hope this clarifies some of your points.
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I believe there is a District Registry in Croydon as there are in many courts. Theres a few near me. FYI: The High Court is based at the Royal Courts of Justice on The Strand, in central London. It has 'District Registries' all across England and Wales and virtually all proceedings in the High Court may be issued and heard at a district registry.
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