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... am I right in thinking that if I get a Warrant of Execution against a business, a visiting bailiff can force entry? - I think it's private homes that they need to be invited in???

 

The business is a garage.

 

cheers

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... am I right in thinking that if I get a Warrant of Execution against a business, a visiting bailiff can force entry? - I think it's private homes that they need to be invited in???

 

The business is a garage.

 

In that case they won't have to force entry, they can just walk in and thus gain peaceable entry.

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... as the title ... does having a WofE hanging over a company cause it any issues such as credit rating, etc...... just interested as i'm assuming a long drawn out affair with my WorE with a garage and I'm looking to see if this causes them unforseen issues other than paying me...

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As I understand it, a warrant of execution is just permission for the bailiffs to go in and seize goods. It doesn't cause any more credit damage than the judgement you've (presumably) already obtained

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... thanks, so it's more the judgement than warrant that could cause more of these sort of problems for the company?

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More of what sort of problems? The CCJ will have a similar affect on the company's ability to raise finance that a CCJ against a person has. How much of an impact that has will depend on the company concerned's need to borrow money.

 

If you're wanting them to suffer, and reading between the lines it seems you are, then the warrant of execution will probably cause them most grief because the bailiffs will potentially take away plant and machinery thereby preventing them from trading. I doubt that it'll get that far though. how much do they owe you and what is it for?

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cheers. They now owe ~£1400 due to a mis-sold car description (lots listed, little done!). Getting a little frustrated as this is dragging on and they show no signs of doing anything ... yet..

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Hi All

I have a Warrant of execution against a cowboy car outfit and the Bailiff has made an unsuccessful call last week (nobody there). It's a county court bailiff and I'm just wondering how many times they will attempt to call??

 

plus presume he would have left a letetr or something? - not much info given to me on this process!

 

any help appreciated!

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County court bailiffs are teethless.

 

I have just had a ccj against a cowboy car outfit as well and won, so we paid the £50 to escalate it to High Court Enforcement Officers. We used Marstons for this and got a letter to say that they had finally made contact (they gave them 2 weeks to make contact after sending a letter) and that payment was forthwith!

 

The problem with county court bailiffs is that they are employed by the court, and as such are paid a salary. High Court Enforcement Officers are paid by the job, so its in their interest to keep going, and they do. Just read some of the horror stories on here about what they are like!

 

So in summary, i would suggest getting a high court writ (marstons tell you how on their website) and then they go after him. The company then pays the bailiffs charges so you get all your money back.

 

Hope this helps.

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thanks ... good info.

 

one other thing, the business is in one country, but the guy lives in another - does this restrict court bailiffs from visiting the next county, and if so does this also apply to Marstens?

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Hi, the warrant will be passed to the court nearest the debtor. CC bailiffs usually call three or four times. There's one who operates out of my local court who has called on an employee of mine at 6.45 am - to make sure she was in !


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interesting..... how do Marstens get their payment - do they add it onto my amount that I'm claiming for?

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There is a scale of charges consisting of fixed fees plus a percentage for levying execution, daily walking possession charges, plus the jackpot prize if they call with a removal van they have an extra large fee.

 

This normally starts out at around 10% of the judgement and gets bigger.

 

They scare debtors by using terms like "High Court" and such like and claiming to possess extra powers over County Court bailiffs, which they don't actually have.

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There is a scale of charges consisting of fixed fees plus a percentage for levying execution, daily walking possession charges, plus the jackpot prize if they call with a removal van they have an extra large fee.

 

This normally starts out at around 10% of the judgement and gets bigger.

 

They scare debtors by using terms like "High Court" and such like and claiming to possess extra powers over County Court bailiffs, which they don't actually have.

 

so would they initially add 10% to my claim and take that if the debtor pays up? - not sure how i pay for this....

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Unless the process has changed from the days of Sheriff's Officers they only get these charges if the judgement debtors makes payment, and will remit the judgement debt and interest to you without even advising what they received in charges - where the execution is unsuccessful the Sheriff's Officer would send a bill for nominal charges in the region of £40 to £60.

 

I had a friend who was a Sheriff's bailiff, and his stories from the field were quite colourful, such as misplacing warrants for a few weeks for £50 in cash, breaking in to private homes, allowing attractive females to 'work off' their debt with him personally shall we say....all totally illegal and unethical - but ask yourself what kind of person would do the job to begin with?

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interesting..... how do Marstens get their payment - do they add it onto my amount that I'm claiming for?

 

Marstons claim their money from the debtor.

 

I.e. if you are owed £1200 by the company, then they collect £1500 from the company, so their charges are added on.

 

If you read Marstons website (i am not promoting them, its just who i used) they explain all the steps in detail.

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Background is I won in court and got a CCJ against a cowboy car dealer. To date county court bailiffs have not been successful and I'm wondering is it ok for me to contact him to let him be aware I will keep persuing this case through Marstons etc if he continues to ignore the CCJ ???

 

Would this be considered harrasment or ok to do???? just really advice that his costs would shoot up if this occured etc.... getting impatient and frustrated I have to pay continually to enforce the law which he is ignoring seemingly without any fear or the law/consequences etc........

 

thanks!!!

Edited by robtheplod

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If your CCJ is for £600 or more you could - writer now takes deep breath - get one of the High Court Enforcement companies to take it on eg Marstons, Sherforce.

 

Wouldn't bother contacting him previous to this action. If of course he gets shaf**d by the HCEO he could always come back here asking for help! The costs for this are loaded on to his bill.

 

PT

ps - now need to lie down after giving this out.


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Forgot to say that if the HCEO is unsuccessful then cost to you will be approx £60 +VAT

 

PT


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many thanks, I realise most posts on here are from the other side of things, but hey, I'm a victim too! ;-)

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There are full details on how to transfer up from CCJ to High Court on Marston's Website.

 

They ask for a cheque of £50 payable to HMCS to cover the transfer up fee

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sorry that should read 'suspend!'

 

Hi All

 

Brief history, we were missold a car, took the seller (one man band) to small claims and won. He did'nt pay so we got the county bailiffs in - nothing heard for several months. Just now heard he has applied to suspend the warrant of execution and has offered £100 a month payment (total amount is ~£1,400).

 

I'm tempted to accept the offer as it seems like progress but i'm concerned if I do and he defaults (more than likely) then this will really delay the process of getting this resolved.

 

If I decided to not accept this and ask for the warrant to remain, would a judge think this is not reasonable and overule? - I've now been waiting for a resolution for almost a year and would like payment in full...

 

I spoke to the court and the chap there advised me to accept and get what I can .... seems that i should just accept that the CCJ ruling is not enforceable for the full amount if the defend decides not to pay - ie the law seems to be optional here??

 

thanks in advance!!!

Edited by robtheplod

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I think you have to go with court official.

 

If you want to go the warrant route then you will have to explain to the judge your reasons why. 'I think the chap is a toerag' doesn't quite cut the mustard in this respect.

If you have good grounds for believing the chap might default and can justify this to the judge then you can consider enforcing the warrant.


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Hi all

Can anyone help me here I'm at my whits end. Short story is one man band garage ripped me off over a car, took him to small claims (for £1475). All upheld - he refused to pay so got Warrant of Execution and got county court bailiffs in, still nothing. He then offered to pay £100 a month which i was told to accept by an advisor. Still failed to pay a penny so have now just filled in N445 to re-issue the warrant.... is there anything I can do 'more beafy' to get whats due, this has dragged on for over a year and it's getting frustrating... any suggestions appreciated!!!

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