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I have a court order in my favour from beginning of 2010 for a debt of around £7,000 and have just been back to court today to oppose an "Application to Stay a Warrant of Execution", as I put a bailiff application in when they defaulted on the monthly payments.

 

The judge has supported my warrant, and also now added on the full balance (as I could only apply for a warrant for £5,000 originally). She also clarifies that I could have been accruing interest on the debt throughout at the period "at the county court rate applicable from time to time".

 

I know the rate was 8%pa when I won the original judgement, but the judge believes it has varied from time to time since then so the question is where do I find the history of the rates so that I can create an accurate spreadsheet of the interest charge month by month since the judgement?

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I doubt they have much if any means to meet either the full claim or the majority. I will just be greatful if I can get a decent sum off them now and I'll consider how to pursue the balance then.

 

What is a HCEO? High Court Enforcement Order would be a guess? Why would that be different to the County Court Bailiff Execution Order I already have?

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I doubt they have much if any means to meet either the full claim or the majority. I will just be greatful if I can get a decent sum off them now and I'll consider how to pursue the balance then.

 

What is a HCEO? High Court Enforcement Order would be a guess? Why would that be different to the County Court Bailiff Execution Order I already have?

 

HCEO = High Court Enforcement Officer - basically any Judgment over £600 from the County Court may be transferred to the High Court for enforcement. The HCEO gives no warning of his impending visit and the first your debtor will know is when he knocks on the door. As with any Bailiff he has to gain peaceful entry to a residential property although he may force entry to any detached buildings on the premises - garage eetc. There is a fee to pay, £60 or so and if the HCEO gets nowhere and has to return the Writ then there is an abortive fee to pay as well. The HCEO has more powers than the County Court Bailiff. Going from what you say above, if they have no assets in the first place then this course of action will only heap misery on them. Either that or go ahead and if they come here for advice I would then help them to overcome their problem.

 

You could of course serve an Order whereby they have to attend Court for a Hearing to say why they have not paid and what their actual financial position is.

 

PT

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Either that or go ahead and if they come here for advice I would then help them to overcome their problem.

 

Overcoming the problem is easy... pay the debt, problem solved. :lol:

 

I hope I score brownie points for length of service on CAG if they have a thread running asking how not to pay the debt, and I have one running asking how do I get my money! :)

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I hope I score brownie points for length of service on CAG if they have a thread running asking how not to pay the debt, and I have one running asking how do I get my money! :)

 

I wholeheartedly agree but usually do not have a clue who they owe bar an amount and the the name of the HCEO/Bailiff Co. If it comes down to it you may have to give us the nod. Seriously, have you had a look at Leaflet EX321 to see what other options are open to you.

 

PT

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Yes the court sent me EX321 - EX325 when I was first considering my next action for non payment. I went for EX322, bailiff warrant, on that go and asked for the maximum allowed, £5,000.

 

Today at court though, because of their non payment of what the judge described as a very reasonable installment (£25/month against a 7grand debt), and their (unreasonable according to the judge) request to actually drop it to £5/month and their non attendance today even for their own appeal hearing, she ruled to re-instate the warrant, she further ruled that it should be for the full value judgement and confirmed I should have been calculating ongoing interest on the debt, hence my original question to calc that.

 

So, by appealing against the 5grand warrant, it looks like it is now being re-issued for about 7 1/2 grand! :)

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You would have thought they would have weighed all the options up before applying for a Variation but to compound things by not turning up beggars belief. I think they may try and say they never got a letter about the Hearing, but it was obviously in their own interest to chase this and would hope it is seen for what it was. Sounds to me as if they were just trying it on as a delaying tactic. I bet they also claimed Fee Remission.

 

PT

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I bet they also claimed Fee Remission.

 

PT

 

Wish I could. So far court has cost me £825 and they have only ever paid about £500 against the order, so they hadn't even started on my original debt!

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OK, this got slightly more complicated today. :(

 

I have spoken to the court bailiffs today to confirm if they had yet seen the judgement from Monday's hearing (I haven't yet) and to ask how I would notify them of the inclusion of any interest due.

 

They confirmed they received the judgement yesterday and the following facts would normally stand.

 

1) the judge has stipulated the full original court order is payable now.

2) the figure that stood on the order remains unchanged, i.e. she doesn't know how I vary it to include further interest

3) because the order is now over £5,000 the court bailiff cannot execute it, but I need a Sherriff to do so (which means more costs to me. ahhh!)

 

As I understand it, I will have to pay a further fee to transfer it to a High Court Warrant, and there is also the risk that if the warrant is not fully executed I will be left with aborted fees as well?

 

any advise please?

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Before you consider transferring up this judgement a (process that allows a CCJ in this case to be enforced by an HCEO), has your debtor the ability to pay?

 

A £7500 debt collected by Bailiff or HCEO would need goods somewhere in the region of £32000 (based on auction prices of 25 to 30% of original retail) to be levied / seized.

 

I would bring the debtor back to court for an Order to obtain Information from Judgment Debtors (formerly: Oral Examination – a financial examination of the debtor, under oath, at the debtors home court.

 

Once you have established the debtors financial status,then you can consider what type of enforcement action to be taken.

 

If the debtor is employed : Attachment of earnings or Attachment of Debt (previously called an garnishee order) or an Installment Order, if the debtor has property(s) - charging order(s).

 

If Self-employed : as above except for Attachment of earnings.

 

All of these methods are very powerful and are often more effective in recovering large (ish) sums of money. That said it can take longer.

 

In any case, An Order to obtain information from judgement debtor is a very hugely powerful tool and lets you know exactly what your debtors position is.

It can be hugely useful to a Bailiff or HCEO as they would also know exactly what is or is`nt the debtors goods.

All these methods do have a cost involved, but the cost is / can be recovered from the debtor.

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