Trying to get what's due..***WON***

[pink_eeyore]

look on Marston Group's website and get it transferred up to high court (will cost you £50 - it's payable to HMCS not Marston)

 

County Court bailiffs are notoriously useless

[ploddertom]

Agree High Court route is the one to follow, you can search Google for High Court Enforcement, it will throw up quite a lot of possibilities, unable to recommend one but some are mentioned in other threads.

 

PT

[High Court Enforcer]

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.

[Nintendo Pü]

Is this one man band car dealer a Ltd company? its common for work-from-home car traders to trade under a pretence he is a private seller.

 

Do a land registry lookup of his home address on the HMLR website (£4) and see if he owns his property.

 

Property Search - Land Registry

 

You could apply a charging order and an interim one being sent in the post might be enough to spur him to pay.

 

I feel that by employing HCEO's as your first choice enforcement measure could land you an expensive fees bill. Applying a Form CH1 charging order on his house at the Land registry is only £40.

[High Court Enforcer]

I feel that by employing HCEO's as your first choice enforcement measure could land you an expensive fees bill. Applying a Form CH1 charging order on his house at the Land registry is only £40.

 

Pu - Why would you think that?

 

Also, a charging order does not get you your money today. However, you could do that as well and get the costs added to the judgment.

 

If the defendant is a trading entity, it would help if it is named on the judgment also ie Joe Bloggs T/A Bloggs Sales.

[Nintendo Pü]

There are a lot of fee irregularity posts on this forum, HCEOs appear to abuse the 'reasonable costs' clause in the fee regs to make substantial gains for themselves.

A defendant with a savvy solicitor could have the fees revoked under Section 1 of the Unsolicited Goods & Services Act 1971 if it is shown the claimant unilaterally transferred up without consent of the defendant, or the originating county court has a bailiff service capable of performing the same task for a lower fee. This could land the OP with an unexpected bill and without his debt being recovered.

[robtheplod]

Sorry everyone but this is from the other side!!

 

In Brief, bought a car off a garage (owner run). It was misdescribed so went to small claims. I was awarded £1200+costs. Garage failed to pay so got warrant of execution. Six months have now gone since the CCJ was awarded. After a few unsuccesful visits by bailiffs garage applied to suspend warrant and pay £100 a month to which i agreed. His one and only cheque bounced and was also paid late.

 

I'm now fed up with the whole thing and contacted him to make a direct payment into my bank. I gave him two days to do this to which he gave lots of excuses, and also said he'd setup a direct debit. I now not longer believe anything he says and have just appointed Marstons to take this over.

 

This whole affair has taken 6 months with him not paying a penny or seemigly making any effort and i dont like doing this as i know Marstons reputation, but I need to get this sorted...

 

Am i being reasonable????

 

If the garage owner has found this thread, then I'm sorry, but I need to bring this to a close and you've had 6 months.....

Edited January 10, 2010 by robtheplod

[tomtubby]

Sorry everyone but this is from the other side!!

 

In Brief, bought a car off a garage (owner run). It was misdescribed so went to small claims. I was awarded £1200+costs. Garage failed to pay so got warrant of execution. Six months have now gone since the CCJ was awarded. After a few unsuccesful visits by bailiffs garage applied to suspend warrant and pay £100 a month to which i agreed. His first cheque bounced and was also paid late.

 

I'm now fed up with the whole thing and contacted him to make a direct payment into my bank. I gave him two days to do this to which he gave lots of excuses, and also said he'd setup a direct debit. I now not longer believe anything he says and have just appointed Marstons to take this over.

 

This whole affair has taken 6 months with him not paying a penny or seemigly making any effort and i dont like doing this as i know Marstons reputation, but I need to get this sorted...

 

Am i being reasonable????

 

If the garage owner has found this thread, then I'm sorry, but I need to bring this to a close and you've had 6 months.....

 

The only thing that I would add here is that the debtor may have paid if you had written to him to give 14 days notice that you were applying to have the debt transferred to a High Court Enforcement Company ( but then again this may have prompted him to make a further application to the County Court to vary the Judgment.

 

This will cost him dearly.

[robtheplod]

I wrote to him in September saying I would be using Marston, but he came back with the suspension of the current warrant and the promise to pay....

 

I feel I have given him every opportunity - I take no pleasure in this, but just want it sorted.

 

I'm now not clear what occurs if he now surprisingly makes a payment to me - can I keep Marstons involved to keep up the pressure???

 

thanks for your response..

[wonkeydonkey]

If you have placed the writ with Marston's they will or should have advised you not accept direct payment from your creditor, if you do then Marstons will charge you fees (high fees at that) so in reply to your question, Marstons have been given the job of serving the writ and unless they contact you with an offer from your creditor you technically sit and wait.

[High Court Enforcer]

If the defendant has broken the terms of the variation order then you should proceed with instructing an HCEO.

 

You should cancel the County Court Bailiffs. Unfortunately, you are not the first to realise they are a waste of time.

 

Most HCEOs will transfer up your judgment free of charge but you will need to pay a £50 court fee for the issue of the writ of fi fa. Remember also, that if they are unsuccessful you will be liable for a £60 abortive fee.

 

Not all HCEOs are the same, some are better than others, so do your research.

 

Good luck.

[robtheplod]

Thanks for the replies.

 

So, if the defendant makes a payment into my bank - should I then return it? He has my bank details but has not used them ... yet.

 

Also as this is a business with a business address is the chance of a success higher? - I think I understand that HCEO's can forcefully enter???

[High Court Enforcer]

Thanks for the replies.

 

So, if the defendant makes a payment into my bank - should I then return it? He has my bank details but has not used them ... yet.

 

Also as this is a business with a business address is the chance of a success higher? - I think I understand that HCEO's can forcefully enter???

 

If the defendant makes a payment to you prior to obtaining the writ (could take 3 weeks) then yes accept it. Notify the HCEO you use and they will credit it from the sums due.

 

Is the business a Ltd Company or is it and individual trading as a business? More importantly, is your judgment against the correct party?

 

If the defendant has a commercial premises then yes, the HCEO could technically force entry. This wouldnt be a first resort as usually entry can be gained fairly easily, especially to a car showroom. Most HCEOs would want a signed indemnity from you if you wanted them to force entry straight away. This would cover the locksmith charges etc.

 

I'll stick my neck out, but this sounds a fairly straight forward job.... famous last words....

[ploddertom]

Thanks for the replies.

 

So, if the defendant makes a payment into my bank - should I then return it? He has my bank details but has not used them ... yet.

 

Yes, and refer him to the HCEO

 

Also as this is a business with a business address is the chance of a success higher? - I think I understand that HCEO's can forcefully enter???

 

It should be unless he has gone under and like a Phoenix rises again under a new name. If the HCEO is doing his job you should get a result very quickly.

 

 

PT

[robtheplod]

I'm not aware the business is a limited company as it's just one chap who owns and runs it. He has garage premises. My judgement is against him personally (trading as ..........) - he is the director. I also have his home address (or an address I assume to be his home address as he was the previous registered keeper of the car I bought) if this has any bearing...

 

My main concern is if he makes the odd payment to me whilst the writ is in force. What could my options be here as it gets cloudy......

 

many thanks again..

[wonkeydonkey]

If you accept direct payment from your creditor then any fees added to the writ by Marstons will need to be paid. I have been given to understand from reading posts on here they can pass these fees onto you if you have breached any agreement you have made with them for enforcement of the writ. It is your decision of course to decide if accept direct payment but it would seem you will be damned if you do and damned if you don't...

[High Court Enforcer]

If you accept direct payment from your creditor then any fees added to the writ by Marstons will need to be paid. I have been given to understand from reading posts on here they can pass these fees onto you if you have breached any agreement you have made with them for enforcement of the writ. It is your decision of course to decide if accept direct payment but it would seem you will be damned if you do and damned if you don't...

 

If the action of the HCEO prompts the defendant to pay you directly then you should either pass the payment onto the HCEO or reject it. It is very unlikey that you would be charged anything. It is advisable to not deal with the defendant once it has been passed to the HCEO. Always direct the defendant to the HCEO.

 

As the defendant is an individual trading as a business then include the home address in your instruction. It probably wont be necessary to go there but it will help.

 

As I said, some HCEOs are better than others. Have a look at their websites by searching 'High Court Enforcement' on Google. Only four I know of work nationwide.

[robtheplod]

Thanks .... I'm reading into it here you think Marston might not be appropriate? Whichs ones are national??

 

thanks again, very much appreciated.

[High Court Enforcer]

Thanks .... I'm reading into it here you think Marston might not be appropriate? Whichs ones are national??

 

thanks again, very much appreciated.

 

Marstons are one, the others are:

 

HCE Group - www.hcegroup.co.uk

Sheriffs High Court Enforcement - www.thesheriffsoffice.com

Sherforce - www.sherforce.co.uk

[Dodgy Geezer]

This whole affair has taken 6 months with him not paying a penny or seemigly making any effort

 

You have your CCJ. Simply issue a Statuatory Demand against him. Once he knows the next step is Bankruptcy, then im sure you will get a more favourable response.

 

Legal Issues Explained - Statutory Demand

[High Court Enforcer]

You have your CCJ. Simply issue a Statuatory Demand against him. Once he knows the next step is Bankruptcy, then im sure you will get a more favourable response.

 

Legal Issues Explained - Statutory Demand

 

Stat Demand is the last step if the HCEO fails. You're maximum liability to the HCEO is just £119 (£50 court fee and £60 plus VAT abortive). And that's only in the unlikely event they cant get the money. From a sole trader with a business, I just cant see that.

 

A solicitor will usually charge £400 or so to draw up a stat demand. You will then have to get it served (£90 or so).

 

That doesnt get you paid. If he refuses, you've then got to make hom bankrupt at cost to you!!! If the defendant is in any sort of trouble, you may be doing hIm a favour!!!

 

HCEO all the way. Of course I would say that, but it's true.

[tomtubby]

Stat Demand is the last step if the HCEO fails. You're maximum liability to the HCEO is just £119 (£50 court fee and £60 plus VAT abortive). And that's only in the unlikely event they cant get the money. From a sole trader with a business, I just cant see that.

 

A solicitor will usually charge £400 or so to draw up a stat demand. You will then have to get it served (£90 or so).

 

That doesnt get you paid. If he refuses, you've then got to make hom bankrupt at cost to you!!! If the defendant is in any sort of trouble, you may be doing hIm a favour!!!

 

HCEO all the way. Of course I would say that, but it's true.

 

Because I am a softie...I would nearly always advise the stat dec route and the form is really easy to complete and I would not think that you would need a solicitor to complete.

 

The good thing about a stat dec is that the debtor nows that if he fails to pay or set aside by the 18th day then on the 21st day you COULD IF YOU WISH issue bankruptcy proceedings against him.

 

You do not have to got the route of bankruptcy but the threat should be enough.

 

He cannot apply to set aside the stat dec and there is already judgment so I cannot see that he would have grounds.

 

If he ignores the 18 day time limit, then you could still pay a transfer up fee. From a lot of experience on the fees scales charged by such companies, I would advise using Marston Group.

[twonames]

Stat Demand is the last step if the HCEO fails. You're maximum liability to the HCEO is just £119 (£50 court fee and £60 plus VAT abortive). And that's only in the unlikely event they cant get the money. From a sole trader with a business, I just cant see that.

 

A solicitor will usually charge £400 or so to draw up a stat demand. You will then have to get it served (£90 or so).

 

That doesnt get you paid. If he refuses, you've then got to make hom bankrupt at cost to you!!! If the defendant is in any sort of trouble, you may be doing hIm a favour!!!

 

HCEO all the way. Of course I would say that, but it's true.

 

 

I would have to agree with hce on this one, also National Enforcement Services, have nationwide enforcement for High cout work.

 

You could download the stat demand paperwork and serve yourself, but stat demands should be used as a last resort, Technically they shouldnt be used as a threat.

[robtheplod]

Thanks for all your replies. I'm not interested in bankrupting him, it's not really fair as he's ayoung chap starting his business, I only want what is due. My eyes have been well and truly open over the last year - I never realised how optional complying with CCJ's was!

[Yoshiro]

Ive been down the same route, or rather have done it on behalf of me little brother who has special needs.

 

He bought a car from a sole trader, turned out to be a dog. Me brother then got ripped off by him further by having to pay to have the car repaired within 2 weeks of owning it when the engine blew up!!

 

So we took the fella to court, won by default, and then went through the motions of getting it passed onto Marstons and a writ of Fi Fa etc....

 

Well 5 months after the court order and a few visits from the bailiffs, (he made payments on these visits) he applied to have the judgement set aside. Me mother went to the hearing (i am 350 miles away from them) with me brother and the fella didnt even turn up! Apparently, according to the judge, he wouldnt have allowed it even if he did turn up as he would have purjered himself in his own statement!

 

Anyhow, that was lifted, and me little brother phoned Marstons today and found out the final amount had now been paid (we got a letter off them 6 weeks ago stating they had basically had enough and were just gonna go and remove his cars!)

 

So a car which sold for £800, plus the £200 he charged for the repair, plus the £125 court costs and escalation to the high court has ended up costing him over £1900. I bet he wishes he had refunded me now when i took the car back to him!