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Hey guys, I've been a reader for a while taking in the advice on your forums - it's proved invaluable so far, many thanks to all and keep up the good work :-) However, I'm truly stumped and was wondering if anyone would be kind enough to shed some light on the following....

 

I've just checked my MCOL site today I noticed that under my claim history it states that a final return for your warrant against Person X has been received on 01/11/10. This is after the warrant of execution was obtained on 13/07/10, following the defendant's refusal to respond to any court correspondence and subsequently entered judgement by default. The sum owed currently stands at 601 pounds.

 

Firstly, I have no idea what 'a final return for your warrant was received on 01/11/10' means?? I've looked on hmcs and google, and cant see a thing about it?? Secondly, as the incident of pretty much fraud took place last november, is there any way i can speed things up at all?

 

Thanks for any help you can provide.

 

G

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If I may make some assumptions. I gather you issued proceeding against someone and have "won" and they have been ordered to pay you a sum of money. I assume they have not paid and you obtained a WoE and got the County Court Bailiff to attend - it now appears that the Bailiff has not been able to enforce the warrant and has now returned it to Court.

 

To go further do you know if the person(s) you obtained Judgment against actually live at the address you provided?

 

PT

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Hey ploddertom, thanks for the reply. You assumed right, sorry for not making it clear in the OP. Essentially the defendant is an ex-housemate, who renegaded on payment of bills after they had been paid uppfront by myself (with hindsight, how stupid was i?!). Trouble is i knew the guy for 20 years so wasnt expecting it, and a year later i find myself still unable to get the money back as he has cut himself off from all friends and associates.

 

I feared that's what it meant, but thanks for clarifying. I know the defendant defintely lives there, as i drive past it every day on the way to work and see his car out there all the time. Trouble is, if he doesnt answer to the baliffs, what can you realistically do?! Is there anything else i can try? I've read about an Application of Earnings order, so think that's the next route i'm going to have to take - especially as i know his address and place of work.

 

Thanks again though - any more advice you have would be greatly appreciated.

 

G

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I guess you are out of pocket by approx £150 give or take because of the fees you have paid so far. The Court Bailiff has a job to do but gets paid regardless of whether he succeeds or not. If you are certain he lives there there are other options open to you including having him appear in Court to explain his finances, a better bet would be now that your Court order inc fees is over £600 to have it transferred up through the High Court and employ a firm of High Court Enforcement Officers to do the job. Cost is approx £50, they will make several visits and if unsuccessful will charge an abortive fee of approx £60 +VAT. HCEO's are more tenacious than the Court Bailiff as they get paid on results. The downside is that your "friend" may find their way here for advice on how to deal with them.

 

Which HCEO firm to try, there's plenty of them try a search on Google, some are better than others and remember biggest is not always best.

 

PT

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