Easyjet County Court Judgment Enforcement - ** SUCCESS **

[quaestor]

I'd like to ask what the best way might be to collect money form Easyjet Airline Company Ltd.

 

This is following a long small claim for flight cancellation.

 

I already have a judgment from the County Court ordering Easyjet to pay me about £1000 but many weeks later they still have not paid.

 

What method(s) of collection are known to be ineffective against Easyjet Airline Company Ltd?

 

What collection action would people recommend? Transfer to High Court? Questioning (if so who)? Third party debt order (if so against RBS accounts, another bank or debtor)? Bankruptcy? Other?

 

In return I will be happy to report back how I get on as this may well be useful for others who currently have cases stayed pending the ECJ ruling due to be published on 23 October 2012 and who may then also discover Easyjet's unwillingness to settle their debts.

[Conniff]

As it's over the prescribed amount, you could file for bankruptcy.

[marmaris30]

If you have obtained judgement in your favour then your case is unaffected by any stay and you can proceed to enforcement. The only risk if you wait any longer is that they'll wake up and apply for the judgement to be set aside (only likely to be considered if you obtained judgement in default).

 

The easiest, quickest and cheapest option is probably to apply for a Warrant of Execution from the County Court. They'll send the bailiffs in to remove goods, and the costs will be added to the amount owed.

[marmaris30]

Bankruptcy does not apply to companies - you'd apply for a winding-up order instead - but either way, it carries quite a large fee!

[Conniff]

That's what I meant, just used a different arrangement of letters

[quaestor]

Thanks marmaris30 and coniff.

 

The judgment was not in default and it is far too late for Easyjet to set aside or appeal the judgment.

 

So rather than easy quick or cheap I am looking for the method that is most likely to be effective.

 

I am concerned that the method you suggest is the obvious one and and that Easyjet will be well prepared to rebuff any county court bailiffs who turn up at Hangar 89. If someone has gone this route and been successful then I am more than happy to follow.

 

However transferring to the High Court for enforcement might take a bit longer, but would cost about the same and might have a better chance of of getting money out of Easyjet.

 

Winding up (sorry should not have used the term bankruptcy) would indeed be a challenge and expensive. I'm not ruling it out at this stage but I would go through the questioning first before considering winding up.

 

I'd like information to help me to take enforcement steps that are most likely to succeed against Easyjet, not necessarily the cheapest or quickest or those that work against other companies.

[Conniff]

Well one of the big banks wasn't very happy when bailiffs turned up and started unplugging computers to take away, the cheque couldn't get written fast enough.

 

It's on CAG somewhere and was in the papers if my old brain recalls correctly.

[quaestor]

I'm not sure but the closest I can find is:

 

Baliff has taken banks computers....and cash register too!!" [i can't post the actual link because I have less than 10 posts, and the title really does say Baliff not Bailiff]

 

Perhaps this is not the one but given the limited information it fits.

 

However I really cannot emphasize enough that Easyjet is not the same as a high street bank. A bailiff or High Court Enforcement Officer would be attending a branch of a bank. A bailiff or High Court Enforcement Officer attending Hangar 89 would find matters rather different and as a result might well be unable to take any enforcement action.

 

I really do hope someone who has had dealings with Easyjet will help me so I can be more effective in helping those that follow.

[geoff1248]

Maybe one of the legal eagles will be more up on this but would a Garnishee Order work in this case?

[ploddertom]

If you transfer your judgement to the High Court for enforcement you can employ a HCEO. As it's against a commercial business they can & will force entry if excluded, they can & will remove goods immediately even if owned by a 3rd party until all the correct paperwork is found. Cost of transfer is £60, in the event they cannot enforce there is an abortive fee of £60/£80 + VAT but this doesn't often happen. At a quick calculation your £1000 will turn into a £2K/£2.5K debt for them. Takes approx 3 weeks from issue to attendance and if collected in full the money is held in suspense for a further 2/3 weeks before you get paid. If you go this route remember biggest is not always best - cannot name names but some are better than others.

[quaestor]

If you transfer your judgement to the High Court for enforcement you can employ a HCEO. As it's against a commercial business they can & will force entry if excluded, they can & will remove goods immediately even if owned by a 3rd party until all the correct paperwork is found. Cost of transfer is £60, in the event they cannot enforce there is an abortive fee of £60/£80 + VAT but this doesn't often happen. At a quick calculation your £1000 will turn into a £2K/£2.5K debt for them. Takes approx 3 weeks from issue to attendance and if collected in full the money is held in suspense for a further 2/3 weeks before you get paid. If you go this route remember biggest is not always best - cannot name names but some are better than others.

 

Many thanks ploddertom that is very helpful indeed.

 

Without naming names, are HCEOs generally good or generally bad? If they are generally good then would it be reasonable to just ask for one to be allocated or would it be better for me to spend some effort to find my own nomination?

[ploddertom]

In my view there 2 who are more like pitbulls and go blundering in, there is another who faffs about a lot & there are of course numerous others. I've sent you a message with one you could try but prefer not to name names here.

[andydd]

If you transfer your judgement to the High Court for enforcement you can employ a HCEO. As it's against a commercial business they can & will force entry if excluded, they can & will remove goods immediately even if owned by a 3rd party until all the correct paperwork is found. Cost of transfer is £60, in the event they cannot enforce there is an abortive fee of £60/£80 + VAT but this doesn't often happen. At a quick calculation your £1000 will turn into a £2K/£2.5K debt for them. Takes approx 3 weeks from issue to attendance and if collected in full the money is held in suspense for a further 2/3 weeks before you get paid. If you go this route remember biggest is not always best - cannot name names but some are better than others.

 

There was a Tv program about HCEO and they did appear very effecient in collected debts (mainly from companies) and it did seem to be the exact opposite of the Bailiffs program.

 

Andy

[quaestor]

I am now reporting back as promised.

 

I went the HCEO route using a local firm and I am very pleased with the service I received from them.

 

My thanks to all who contributed to this thread.

Edited November 27, 2012 by honeybee13
Removing potential advertising.

[andydd]

Did you get your money ?. If so we amend the Title of the thread to Easyjet - SUCCESS

 

We certainly like people coming back to their original thread to let us know how they get on, on many we are just left in suspense, so thanks.

 

Andy

[quaestor]

Yes I received a cheque for the full amount claimed, and also for costs and interest.

 

Sorry I was not clear.

 

quaestor

[honeybee13]

Thank you, I'll alter the thread title. Well done.

 

My best, HB

[andydd]

Wahoo !

[ploddertom]

I assume this is the case referred to in a recent newsletter from a certain HCEO company. Just goes to show it can be done. Well done.