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Hi all,

 

I have been trying to revocer a debt of around £2500 for the past year, and need some advice on the next move to make.

 

I was working with my debtor for a couple of months for the company that he owns and is sole director of. The monies owed are a combination of wages and unreturned car parts from when my race car was dismantled and stored with him. The wages were originally settled by him giving me a car, which was subsequently stolen 2 days later, believed to be by him, and is fully recorded with the police. As the car was insured through his company at the time, he refused to claim for it, stating that he would rather pay me the cash equivalent than deal with the insurance company. Since this time, I have proceeded with County Court action. The Court have ruled in my favour on the case due to having recieved no correspondance from my debtor, and a warrant of execution has been filed and returned.

 

It is my understanding, through a contact near where he lives, that my debtor has since moved address, from living with his father to living with his girlfriend, although at her parent's address. From a conversation with the County Court bailiff, I gather that they cannot remove anything from the property as it is not owed or rented by my debtor, and the same would stand for where he is currently living. I know the address of his company, but the bailiff informed me that whilst they would be able to recover goods from his company, they could not do so in a way that would result in him not being able to continue with his business, and seeing as the majority of the possessions at his business address are tools etc, there is very little they can do.

 

This case has been draggin on for a fair time now, and I would really like to get what I'm owed, but don't know what steps to take next. The County Court bailiff mentioned using a private bailiff company instead of himself, but I wouldn't know where to start as far as finding and hiring one, and what fees would be involved. Is this the best line of action, or are there other, better options to look into?

 

Many thanks in advance for your help.

 

Paul

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Quite easy to do. As you already have Judgment and it is for more than £600 you can transfer the Judgment up into a High Court Writ - cost of doing it £50. The High Court Enforcement Officer is a much more tenacious beast than the Court bailiff and invariably they have quite a high success rate. Obviously I can't advise who to use but amongst the Companies that do this are:

Sherrifs High Court Enforcement

Marstons

Sherforce

There are others if you Google for them

 

To do it is quite straightforward as they do everything for you - contact them for help and advice.

 

If for some reason they can't collect then you would have an abortive fee of £60 +VAT to pay.

 

PT

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Thanks PT, I will look into it more in the morning when I'm a bit more awake. I will contact a couple of companies and see what they say and then go from there.

 

Given the situation, is this the best option to go for, rather than other options through the court, such as some form of obtaining monies from his bank accounts?

 

Thanks,

 

Paul

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Thanks PT, I will look into it more in the morning when I'm a bit more awake. I will contact a couple of companies and see what they say and then go from there.

 

Given the situation, is this the best option to go for, rather than other options through the court, such as some form of obtaining monies from his bank accounts?

 

Thanks,

 

Paul

 

You have to make your own decision as to what means of enforcement you use, as you know who you are dealing with and what if anything they may have in the way of assets/money. For my own purposes I have used a HCEO - took 6 weeks from start to finish and got every penny I was owed.

 

PT

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There has been no hearing. There was no response from my debtor at all. The most likely cause of it is that he's hoping it'll just go away, he is very much like that, although there is a possibility that post hasn't been passed to him by his father, as the reason for him moving out of his father's house was a nasty incident involving a brick round the head!!

 

Anyways, I have spoken to Sherforce today, and they say that they can take it up, but due to his possessions being owned through his company, I am likely to get a 3rd party judgement if I pursue enforcement through the company. I actually have no idea what this means, but I'm starting to think that maybe the option where I can get money transferred directly from his bank account is the better option to take now. I know what bank he uses, although again it is a business account, but I am also aware of a seperate savings account in his own name, although not 100% on who it is with. Is there any way of finding this out? Or does it have to go through a hearing?

 

Thanks

 

Paul

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There has been no hearing. Then your judgment was given by default and the debtor has a right to challenge the CCJ by applying for a set aside.There was no response from my debtor at all. The most likely cause of it is that he's hoping it'll just go away, he is very much like that, although there is a possibility that post hasn't been passed to him by his father, as the reason for him moving out of his father's house was a nasty incident involving a brick round the head!!

 

Anyways, I have spoken to Sherforce today, and they say that they can take it up, but due to his possessions being owned through his company, I am likely to get a 3rd party judgement if I pursue enforcement through the company. I actually have no idea what this means, but I'm starting to think that maybe the option where I can get money transferred directly from his bank account is the better option to take now. I know what bank he uses, although again it is a business account, but I am also aware of a seperate savings account in his own name, although not 100% on who it is with. Is there any way of finding this out? Or does it have to go through a hearing?

.

Thanks

 

Paul

 

If set aside is the road he takes then he must have a reason to do so. Most often this is due to the debtor not having received notice of the action. However they must make such a plea to have Judgment set aside as soon as they are aware of the CCJ being given in Default, if as you say he acknowledged the debt and made a proposal to make good the debt then he stands little chance of gaining set aside.

 

You can return the matter to the court and take several courses, get an order of attachment to earnings etc but the most effectual course would be an application to make him bankrupt.

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