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

[robtheplod]

thanks for that feedback Yoshiro. I'm now certain I'm doing the right thing. It's no longer the money, its the fact that even after a court decision he's shown no signs of even admitting anything wrong....

 

Just for everyones amusement, here is the sales text:

 

welcome to the auction of this freshly restored mini,its a 1996 genuine equinox model,comes from factory with leather interior,1.3 injection engine,remote immobilisor,extra exterior decals,just had completely new front end,inc new wings new a panels etc,full sportspack wheel arch kit,brand new 7x13 deep dish superlite alloys with yokohama tyres,no rust underneath anywhere,interior is mint having only covered 64k from new,engine has just been serviced inc new plugs,leads,dist cap,new alternator,new brakes all round,new cd player with i pod controls and carry pod.comes with photographic evidence of work carried out,will come with full mot and tax if the price is right,painted in genuine charcoal mettalic paint,runs and drives exellent.

 

the items in red are all false. The argument in court was if I'd paid the right price (this was on ebay) he would have carried out all the work....pity he'd failed to mention this when I bought it! Needless to say he was also reluctant to submit any restoration photos..

Edited January 11, 2010 by robtheplod

[High Court Enforcer]

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

 

National Enforcement Services are only Certificated Bailiffs and do not have a High Court authority, so cannot enforce your CCJ.

[High Court Enforcer]

Thanks for all your replies. I'm not interested in bankrupting him

 

Good, that would cost you £750 and would mean you'd never get paid!

[Dodgy Geezer]

HCE.

 

You really do preach a very one sided opinion. In fact i would go as far as to say, you dont know what you are talking about. I read recently that people should ignore your comments. Now i can see why.

 

Rob, your title asks, am i being reasonable ? Well i think there is reason, and then just plain daft.

 

How long are you going to wait. You can pay these lilly livered " Debt Collectors " who will charge you a fortune, and very often produce nothing because they simply dont have the power they think they have, or, you can issue a Stat Dec, its free and you can do it yourself.

 

Its a very powerful document. Research shows that 98% of demands are satisfied before Bankruptcy.

 

Or.

 

You can forget about your money.

 

Good Luck.

[Yoshiro]

HCE.

 

You really do preach a very one sided opinion. In fact i would go as far as to say, you dont know what you are talking about. I read recently that people should ignore your comments. Now i can see why.

 

Rob, your title asks, am i being reasonable ? Well i think there is reason, and then just plain daft.

 

How long are you going to wait. You can pay these lilly livered " Debt Collectors " who will charge you a fortune, and very often produce nothing because they simply dont have the power they think they have, or, you can issue a Stat Dec, its free and you can do it yourself.

 

Its a very powerful document. Research shows that 98% of demands are satisfied before Bankruptcy.

 

Or.

 

You can forget about your money.

 

Good Luck.

 

Erm, am sorry, i dislike HCE as much as anyone, but in this case he isnt far wrong.

 

Also the HCEO's i have used get their fees from the person they are chasing, not from the person who hires them. I was advised down this route by a solicitor and they were correct.

 

A bankruptcy order would mean that he would most likely not get anything, as his business debtors would come first and then anyone else would come last!

[tomtubby]

Erm, am sorry, i dislike HCE as much as anyone, but in this case he isnt far wrong.

 

Also the HCEO's i have used get their fees from the person they are chasing, not from the person who hires them. I was advised down this route by a solicitor and they were correct.

 

A bankruptcy order would mean that he would most likely not get anything, as his business debtors would come first and then anyone else would come last!

 

The purpose of these threads is to provide advice and not to be critical. I have been posting here for the past few years and have seen many bailiffs and HCEO's posting and yet all of them last just a few weeks because of the many critical posts that are made about them. Personally, I find this a shame.

 

The rules and regulations surrounding High Court Enforcement in particular is complicated to say the least and many of the posts by HCE are very informative and provide an insight into the business even though it is a business that we ALL dislike with a passion.

[twonames]

National Enforcement Services are only Certificated Bailiffs and do not have a High Court authority, so cannot enforce your CCJ.

 

They work in partnership with a hceo company out of Newcastle

[fluffy_bunny]

HCE.

 

You really do preach a very one sided opinion. In fact i would go as far as to say, you dont know what you are talking about. I read recently that people should ignore your comments. Now i can see why.

 

Rob, your title asks, am i being reasonable ? Well i think there is reason, and then just plain daft.

 

How long are you going to wait. You can pay these lilly livered " Debt Collectors " who will charge you a fortune, and very often produce nothing because they simply dont have the power they think they have, or, you can issue a Stat Dec, its free and you can do it yourself.

 

Its a very powerful document. Research shows that 98% of demands are satisfied before Bankruptcy.

 

Or.

 

You can forget about your money.

 

Good Luck.

 

You should get your facts right before making such comments.

 

The absolute most the creditor will be charged is around £70 and even that is only if the HCEO is unsuccessful.

 

Yes he is being reasonable - why should he wait any longer for what he is owed??

[robtheplod]

What is a typical timeline once the paperwork is submitted to Marstons?

[Yoshiro]

I dont think there is such a thing as a typical timeline, it took about 2 weeks to get the writ of Fi Fa but that was the court as well.

 

It all depends on how quickly the other party pays, it took us 6 months from the start date to get the money back, but then the one we took to court tried every trick under the sun to get out of it, he failed.

[robtheplod]

Cambridge County Court don't exactly blow me away with the speed they process things so I would imagine they will be a sticking point!

 

oh well, not much I can do now but wait.... thanks to all those that replied, your input has been invaluable..

[Yoshiro]

Do it online, then its dealt with

[Dodgy Geezer]

You should get your facts right before making such comments.

 

Says the Bunny who has fluffed up a whole FOUR posts.

 

We all know what can and cant be charged or achieved, my point is these nobs are just a waste of time and money.

 

If you want something done, do it yourself. Thats not news.

 

Rob im bored with all the do gooders who think the "rules" will see them through.

 

You say yourself

 

I never realised how optional complying with CCJ's was!

 

Dosent that answer your own questions ?

 

If you tell a bailiff, or a HCEO on your doorstep to " Go Away " there is not a god damn thing they can do about it. I know of debts/CCJs that never get paid. Stat Dems do.

 

Good luck what ever you do. Im outta here.

[robtheplod]

If you tell a bailiff, or a HCEO on your doorstep to " Go Away " there is not a god damn thing they can do about it. I know of debts/CCJs that never get paid.

 

Isnt this if the property is private, but not a business?

[High Court Enforcer]

Isnt this if the property is private, but not a business?

 

Rob, Dodgy Geezer is living up to his name. Contact one of the HCEO's listed and ask them yourself.

[fluffy_bunny]

Isnt this if the property is private, but not a business?

 

Yes, so long as he does not also live on the premises i.e. flat above then it 'should' work out for you with HCEO's

[robtheplod]

Right, Marsdons have been appointed. As this fellow uses every tactic in the book to delay things, what should I expect once this gets underway - I'd imagine theres some form of delay he can cause so just really looking to what sort of delays he can throw in and if there is anything I can do to minimize these..? thanks chaps! rob

[ploddertom]

Right, Marsdons have been appointed. As this fellow uses every tactic in the book to delay things, what should I expect once this gets underway - I'd imagine theres some form of delay he can cause so just really looking to what sort of delays he can throw in and if there is anything I can do to minimize these..? thanks chaps! rob

 

 

If the HCEO that attends is worth his salt then you should get some results pretty quickly. Marstons should keep you up to date with what happens.

 

For delaying tactics he may try applying for Set Aside but think he will get nowhere with this - unless he has some other explanation as to why. For the same reason I suspect he would also fail on a Stay of Execution. Please note for both of these he would have to shell out the fees. If he's a car trader then he should pay up pretty quick as he stands a chance of losing his stock.

 

PT

[RaeUK]

... If he's a car trader then he should pay up pretty quick as he stands a chance of losing his stock...

 

If all his cars are as dodgy as the one sold to the OP then only two things can happen with his stock. Either the HCEO will say no thanks they're carp or he'll take them all away as a service to the public!

Rae.

[robtheplod]

For delaying tactics he may try applying for Set Aside but think he will get nowhere with this - unless he has some other explanation as to why. For the same reason I suspect he would also fail on a Stay of Execution.

 

Thanks for the replies. What sort of costs does he incur obtaining these? With either of these, does it go back to court to decide if he is successful or not?

 

thanks

[ploddertom]

Thanks for the replies. What sort of costs does he incur obtaining these? With either of these, does it go back to court to decide if he is successful or not?

 

thanks

 

Set Aside - £75 but he would need a good excuse to use this, particularly as he has accepted he has the CCJ and then defaulted on payment. Heard in County Court where CCJ was granted.

 

Stay - £50 I think, but only relevant once High Court writ is enforced, will depend on what excuse he uses - very much doubt he will be successful. Heard in High Court/District Registry where Writ was granted.

 

His best bet will be to pay up. He could apply for a Variation Order but again as he has defaulted he may not get that either.

 

PT

[High Court Enforcer]

Stay - Heard in High Court/District Registry where Writ was granted.PT

 

Almost always heard where the CCJ was issued, not where the Writ was issued.

 

Rob. it will come down to which Marstons officer covers the defendants area and how good he is. It's well known that their collection rates arent as high as others....

[ploddertom]

Forgot to mention that if your Defendant gets a fright when the HCEO turns up then he could turn up here asking for help and advice!! Just a thought.

 

PT

[robtheplod]

Forgot to mention that if your Defendant gets a fright when the HCEO turns up then he could turn up here asking for help and advice!! Just a thought.

 

PT

 

I'm pretty sure he will. Hopefully he'll see I'm not being vindictive, just frustrated by his lack of action......

[caro]

7 threads on the same issue merged. Please stick to one thread so people know the whole story when trying to assist.