Enforcement officer charges to claimant?

[disappointed_london]

Hi,

 

I want to enforce a CCJ against someone using the transfer up service and then Marston group (which I am told are a leading enforcement agency). They say the transfer up service is free but they will charge if the recovery process is unsuccessful.

 

1) How/who/when decides the process is unsuccessful? And how can I be sure that they have used all means at their disposal to recover my money before coming back to charge me? How much can they charge me - the claimant?

 

2) In case they are unsuccessful, can I go back to the county court to use another method - attachment of earnings order, etc? Or do similar things exist in the high court?

 

Thanks in advance!

[chris600uk]

I think it depends on how much the ccj is for

[disappointed_london]

The amount is 1500 pounds. Is it high enough for them to keep trying for a reasonable amount of time?

[letsmakeamark]

Hi,

 

I want to enforce a CCJ against someone using the transfer up service and then Marston group (which I am told are a leading enforcement agency). They say the transfer up service is free but they will charge if the recovery process is unsuccessful.

 

1) How/who/when decides the process is unsuccessful? And how can I be sure that they have used all means at their disposal to recover my money before coming back to charge me? How much can they charge me - the claimant?

 

2) In case they are unsuccessful, can I go back to the county court to use another method - attachment of earnings order, etc? Or do similar things exist in the high court?

 

Thanks in advance!

 

The company will agree with you how many visits they will make and what the charges are. This i know from personal experience.

[Oh Boy!]

OK

 

Have you taken leave of your sense's? if YES then GOODLUCK.

 

If NO, then

 

What the hell is wrong with the County Court Bailiffs,

 

Give us more information on the type of debt, and the debtor private or company etc.

 

EO will stitch for max amount of money if he cannot enforce.

 

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

[disappointed_london]

i was told that EO is more aggressive in going after the debtor. debtor is my ex-landlord who has not paid back deposit. He is a professional landlord and I think with the market downturn he is having financial troubles and probably a lot of people after him...

[chris600uk]

i was told that EO is more aggressive in going after the debtor. debtor is my ex-landlord who has not paid back deposit. He is a professional landlord and I think with the market downturn he is having financial troubles and probably a lot of people after him...

 

The landlord should have your deposit in a separate account

 

I agree with Oh Boy's post, the correct route is the county court who as I understand it, because of the sum you are chasing, the county court would hand the debt to the High Court Enforcement Officer (HCEO for short). I'm sure Oh Boy will correct me if I'm wrong

 

I think that you take a great risk with private bailiffs.

[disappointed_london]

This was tenancy before sep06 so its not in a separate account. With EO I meant HCEO only - i.e. transferring up to High court from county court. Aren't Marston group HCEO?

[Oh Boy!]

Yep,

 

There are many many enforcement options open to you, to use a private bailiff is a big risk Marstons being Drakes, this debt is tiny and not worth the hassle for them, they'll sit on it for a while and then turn to you for the money, they are in win win situation, your not, your debts will rise, lets face it, where is the landlord? what can be seized by the EO at the place, bugger all if you ask me.

 

I would go and get a Third Party Debt order and seize his bank account, or get an N61a issued from the court order for questioning etc, there are other enforcement procedures and options, stick a chrge on the house and then get a forced sale order, I hate landlords like that I once got done for £400.00 bloody thieves

[disappointed_london]

Thanks for the candid response!

The landlord hasn't bothered to respond to court's summons before the order was made. So I am not sure if more summons from the court would budge him. If I issue a third-party order is the bank obliged to dig out all the accounts that the bank has for him? I ask because the account I used to pay rent in was closed and he changed it to a joint account later. (Smart move I guess since I cannot ask for an order against a joint account?)

I was tempted to use the HCEO option since I know he is working out of commericial premises of which he is the managing director. Perhaps the HCEO can sieze computers, etc? Perhaps I am being too naive so please do guide me. Also is the sherriff's office same as HCEO?

[letsmakeamark]

You could always go for a charging order on his property can you not ?

[disappointed_london]

The property I used to live in is already in receivership.

[palomino]

It doesn't have to be that property as it could be any property he owns. Don't forget that commercial leases count as property - you could make things difficult for him by getting a charging order on the lease where he runs his business. Depends on the term of the lease of course.

[disappointed_london]

Thanks! Thats a really good idea. Can you please guide me how to go about it?

I am trying to find out what all he owns. I downloaded the title from land registry of the property where he operates his business but it is owned by some company - which i have no info about (perhaps it is owned by him/relatives?) Is there a way to get more details?

[disappointed_london]

HI all, I checked the land registry for another of his properties and there is a "Bankruptcy notice" entered in the register. Seems I've lost my money after all

Can anyone advice what is the next step now for me? Or should I just forget about my money?

[jimmyj123]

Hi,

 

I am in a very similar situation to disappointed_london who started this thread, only I have already gone ahead and used the transfer up service with Marstons before reading this thread and finding out how likely it is they will just come back to me for the money.

 

So far have just paid the £60 cheque and got the letter from them confirming they have received the writ.

 

Is it possible to cancel at this point, and would you recommend it if it is?

 

Would be grateful for any advice.

[ploddertom]

Hi,

 

I am in a very similar situation to disappointed_london who started this thread, only I have already gone ahead and used the transfer up service with Marstons before reading this thread and finding out how likely it is they will just come back to me for the money.

 

So far have just paid the £60 cheque and got the letter from them confirming they have received the writ.

 

Is it possible to cancel at this point, and would you recommend it if it is?

 

Would be grateful for any advice.

 

You'd be better off starting your own thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

[Oracle-500]

What is this infactuation with HCEOs these people are Council Tax and HMRC Tax collectors they are not interested in your pennys, Get over to the Local County court, the court officers there have their own local intelligence about the people they deal with, geeeez