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randm

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  1. Sorry link above missed out: https://www.stepchange.org/debt-info/debt-collection/high-court-enforcement-officers.aspx
  2. OK actually doing a search on HCEO's and not the keywords I was using has brought up some very good explanations of the differences. I did not realise this. One great link is here: Particularly useful sentence about businesses, where these guys can break in and seize goods even on the first visit. Questions: 1. Can I stop the bailiff process at any time and just hand collecting to the HCEO's or do I have to let the bailiffs now run their course? 2. Can HCEO's go to business owner/director properties and seize goods there if they struggle with the main business address?
  3. I was told to use these by the courts, I was trying to get advice here but I was getting no response. They have a scheme here that use telephone people whch has a good rate of success, but i think they're just getting the run-around like everyone else on this case. So what powers do HCEO's have that the bailiffs don't and why would I use them over the bailiff's process? They seem to be hellishly more expensive, like £1000 v £100. When the amount you are collecting is £2500, £ 1000 is a lot of money to also invest when you never get any kind of g'tee it will work.
  4. Aha Thank-you, so I believe these would be what are called sherrifs, is that right? At the moment the bailiff support team is calling for the agreed payment but they are not responding and past the date of the first payment. This way it's going to be years before we get anywhere. Bailiffs are yet to go in, however they have told me already that they don;t think they will get any, knowing their territory etc. About a 30% chance of getting paid with them. This is why I am thinking we cancel the agreement, get the bailiffs in, let them fail 3 times and then I wanted to work out other options now.
  5. Actually yes iot is but I was getting no responses on that any more. I thought maybe because the case is now requiring different expertise? I would like to keep this thread if possible, as I think the other thread is dead.
  6. Hi There So I won a judgement in the small claims court almost a year ago. There was an elongated appeal process that to date left me stumped. However the case is now in the hands of the bailiffs. This is a business to business case, both the claimant and defendant are LTD companies. Currently the bailiffs are trying to collect over 3 months using a new telephone service which has a higher rate of collection, and i'm happy to try that. However the date of the first payment has already been missed and they cannot get hold of the main contact to get the payment over the phone. They call every day, but of course office staff are probably clued up on this. This company is still running, it is banging on about how well it's doing on social media, tweeting about all the training their staff are going on etc etc. However for me the £2500 they owe me, seems to be a matter of life and death to them. I have been warned that bailiffs in this case are not usually successful, so I am left aghast at having gone through all of this and nothing will potentially happen. Does anyone have any ideas or any advice or services that I can use that are stronger and guarantee a bit more success. Ideally in a more timely manner? Any help is much appreciated.
  7. Hi there So I finally got a reply from the Judge on the issue of these extra costs, his response is: ‘these kind of matters cannot be dealt with by emailed correspondence. If Mr XXX seeks his costs he must make an on notice application with supporting evidence and payment of the appropriate fee. The application will have to be served on his opponent and will be dealt with by judicial process in due course. This will undoubtedly involve a direction that the Defendant responds to the application and maybe listed for hearing if not dealt with on papers.’ I attach a form N244 for completion. The fee is £100 and on receipt will be referred to a judge to consider. So, it seems that, whilst it took a long time to get to this, the judge has indeed stated that you can't just write a letter to him. It has to be done with Form N244. I would really appreciate someone just getting back to me and helping with closing this down for me. This costs thing was advised on this post by you guys so I am a little confused by it now and whether carrying on is worth bothering with? Also how do I now move to collect?
  8. So I have finally got a response back from the judge, however the response simply states in 1 line that the date has now passed where the appellant was given to provide something so the appeal is over. 4 times I have sent in an application under CPR 27.14(2), and including 27.14(2)(g) , to have consideration of my costs to be paid and I have still not got any kind of response what-so-ever on this question. Some questions I need some help with: 1. Should I move to collection on the original award and then continue to push for the extra costs to be claimed and then collect those if I get them. 2. Should I wait for the judge to actually respond to the CPR 27.14(2), and including 27.14(2)(g) letter I wrote and then only collect when this is finalised? 3. How do I get the judge to respond to me. It seems there's a 3 month turn around if i'm lucky and then they don't even respond to the question I ask. Is there another way I can do this? Complain maybe? Any help is gratefully received. We are so close to getting this done now.
  9. Thought I would update the thread. I have basically been waiting on a decision on this letter about costs for months now. The appeal was refused on 3 /4 counts but with a confusion about the date in June given to come back on point 4, which has now passed but without any letter or comment. I call up every 2 weeks and the file is always still with the judge, so at this stage I have nothing that says "you won, appeal refused...go ahead and collect" with a " your costs have been awarded or not". I have in effect no closure at all. I have tried every angle on getting this moved on, escalation process (doesn't exist), complaint (Same person as I am dealing with now). Can I talk to the judge (No!!). There seems nothing I can do. Is this normal? The appeal was refused, I wrote in about getting further costs as advised on here, and now I have been waiting since June to get any kind of answer at all. I can't collect because the case is not yet closed, I can't collect until I know I have the extra costs awarded or not. How can i get closure and move to collections?
  10. Thank-you for that So I have sent in a letter today outlining these points and also asking humbly for clarification on the missing transcript and June dates. I also updated my costs to include interest lost and also the extra time it has taken to read an enormous transcript. I will get back here when I know more.
  11. Hi There TY for the reply. I agree with the 7 day thing, I understand that is the final part of the process and also how unlikely it should be to get that accepted, so that doesn't worry. The most confusing thing is that the whole transcript has been sent in to the judge. He asked for the hearing and judgement and that has been sent in. This was in fact what all the delays were originally about. So I am confused as to why the judge is asking for more transcript and then giving them until 09/06 to provide it? The judgement was the only place where the award amount was discussed. Ground 4 was them stating that the amount of the award was not correct. So they have somehow got original invoices from my supplier for what they believe is my 2 machines and they are using this to state that the award should be a lot lower. What they do not realise is that i'm not so sure that these are the invoices anyway and the pricing I got was also very low because I got a special deal due to other business I did with the supplier. Also does it not count that they have clearly been underhanded in obtaining these invoices from my supplier when they are effectively private between me and my supplier? I am happy to spend whatever I need to get the highest level of collection service I can. However do I get this back from the other side?
  12. I have had the judges decision back and it is not clear cut. Here's the actual letter from the Judge. My questions are: 1. The only place we talked about the amount of the award was in the judgement part of the hearing. It does not make any sense that the judge is asking for more transcript because the was sent both parts. 2. Can I go for collection of the money now or do I have to wait 2 more months? 3. Surely if the appeal has failed, why is the Judge saying part of it can still be presented further? Seems really unfair. Any help is appreciated as usual. At least we are making progress now!!! Appeal_Decisioon.pdf
  13. Something we have just found out is that they have now produced 2 of my original invoices from where I purchased the printers from. I think this is what they are using to try and get the pricing down, because I got a good deal on them, actually because I buy a lot of stuff from them. Question here is that the supplier has given them invoices that are nothing to do with them. I also have a witness statement from this supplier who said they were deceived by the appellant into getting information about me but they later wrote a statement to put the record straight on how info was being twisted to reach a pricing for the printers. They basically want me to be paid based on refurbished prices. It's all really weird.
  14. Well, at the end of the day they have gotten their knickers in a twist here because in their appeal, they are mixing up the 2 printers. So printer 1 had no glass, I never said it had and by their own appeal, they are kind of relinquishing this one. Printer 2 had glass in it, i also brought it back via another courier, which is what their "intervening" point is about. However you said and the judge concurred at the original hearing that this made no difference to the claim as it happened after the issue occurred. As I had a witness and proof in the way of photos, and the made a point about the fact their terms did not cover this anyway, how can they use this without discrediting me, my proof and my witnesses. So the glass is only in this one printer. To be honest I have been told by a partner her, that this appeal looks like they are just trying to get the cost down, rather than appealing against a decision. They will have to pay the costs anyway as the 3rd item in the claim that was just another item for £50 I also claimed for they did not defend. I cannot see how any of this is applicable to the first printer, and the 2nd printer WRT the glass, the intervening event and anything else has been considered by the judge already. My concern is that the judge was simply wrong about this, but my research and you guys say otherwise.
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