Can I end up owing bailiffs money if I use a warrant of execution?

[meladygrey]

Hi

I have won a claim by default but the defendant has not paid up and I know he has assets so I am thinking of applying for a warrant of execution to send bailiffs in. What concerns me is whatever the bailiffs take, if they can, if it goes into storage etc and they end up taking the storage fee off the amount owed to me, can they charge me any extra fee if the storage costs go over the amount owed to me? I hope have explained myself well enough. Basically, can I end up owing bailiffs storage fees for property/assets retrieved for monies owing to me? Any advice would be much appreciated, I dont know what to do this guy is making money STILL after ripping me off and leaving me up s***creek

[ploddertom]

Is your Judgment for more than £600? If so you would be better transferring the Judgment to the High Court for enforcement - cost approx £60. If they are unsuccessful there is an "abortive" fee of approx £80. A Warrant of Execution will cost you £100, the Councty Court Bailiff will write to your Defendant saying he is coming ie forewarning him - he is paid a salary and if the debtor says he has nothing then will probably leave it at that. The High Court Enforcement Officer gives no forewarning of attendance.

 

PT

[meladygrey]

Thanks for your reply. Yes it is for £2000, mmm yep I guess he'll just hide his stuff because hes a slippery so n so. High court sounds like a better option, what is an abortive fee please? Is that in case I start to incur costs?

[ploddertom]

The abortive fee is when the HCEO cannot satisfy the Writ by:

not being able to find the debtor

not finding any goods he can seize

cannot gain any payment

 

There are those of course who make a living dodging their debts. There are other methods of enforcement available http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195828 for some further reading.

 

PT

[meladygrey]

Thank you PT

I have followed your link and had a look at the options. My concern is that I know the defendant has alot of properties, assets and is very well off BUT I know he will hide assets and most probably evades systems that we all abide by and will keep cash rather than use accounts. I am pretty certain his credit will be bad and will keep little money in accounts and is adept at hiding his income. The best chance I have is to send in bailiffs, I just cant find much out about High Court warrants and my CAB is really bad, no advisors that can help. I have a form for a writ and fi fa I'm still worried about costs though I cant afford to lose more money

[wonkeydonkey]

Been there and done it............Writ got what was owed to me in a matter of a couple of weeks,

 

Court bailiffs are paid a salary and quite rightly so IMHO which is why they are the more 'reasonable to deal with. Commision only or dependant jobs are an invitation to the earner to make money anyway they can, using whatever method it takes to reach their target......legally or illegally.

 

WD

[meladygrey]

Hi WD thanks for your post

Whats IMHO please? Did you use county court bailiffs?

Mj

[wonkeydonkey]

IMHO =in my humble opinion

 

No I never gave the Court bailiff a thought actually,as it was a District Judge who suggested the money owed was overdue and I had been patient enough, she said go to the office on your way out and get the paperwork ...and use some "muscle" with High Court Enforcement to collect.

 

WD

[ploddertom]

Have you tried Googling for HECEO Companies where you can read a little of what they do. Here's one taken at random http://www.thesheriffsoffice.com/ . If you do consider this route then please be aware that biggest isn't always best, you can search on CAG for HCEO and read about some of the tricks they can get up to - normally I will try & help those who are the mercy of the HCEO so your posts are a little out of the common but am quite happy to help if I can.

 

PT

[meladygrey]

Hi PT

Thanks for your help, I appreciate that alot of people are having problems on the receiving end, which is why its quite hard to find people that will give advice on it so thank you. I wouldn't resort to such matters without alot of consideration. The person that I am after is a law unto themselves, I am actually really peed off that he is still trading I cant believe trading standards have done nothing >

I will follow your links

Mj