Need an HCEO. Where to find?

[incognitoo]

I have a CCJ I need enforcing against a car garage

 

I've come across this site: thesheriffsoffice.com

 

Has anyone had any dealings with them?

 

Are they reliable?

Any others I should consider?

 

I'm always wary of any site that advertises heavily / has good search engine optimisation!

[renegadeimp]

Unfortunately cag cannot recommend companies. It is one of the main site rules.

[incognitoo]

Can you recommend a site that can recommend a company?

[HCEOs]

There is no sight that specifically recommends an HCEO.

 

With regards to your case it is worth doing your research on the dealer as they can be notoriously difficult to enforce against. Often the stock is not registered to them and friends from other garages will say they are selling them on their behalf. Please also ensure you have sued the right entity. Many dealers trade as one thing but hide behind a Ltd Company.

 

Having said that, a good HCEO should see through much of this and recover the money you're owed.

[tomtubby]

HCEO....excellent advice.

 

Whenever a claimant manages to obtain a Judgment it is well worth making enquiries regarding the debtor as to their ability to pay and their asset position.

 

When choosing a firm of High Court Enforcement Officers it is ALWAYS the case that you should restrict your choice to a company that is a member of the High Court Enforcement Officers Association.

 

The Sheriffs Office are indeed members.

[caledfwlch]

The OP should also look into Enforcement Options such as Bank Account Freezing, Oral Hearings and Charging Orders. A Chap with a business trying to be "clever" to hide his obvious assets from a potential Bailiff Seizure may well be extremely vulnerable to the above instead.

 

Hitting the big Red Nuclear Button and firing out a HCEO at someone is not necessarily the best or first enforcement option one should take.

 

I helped a friend owed a significant amount of money by a fraudster gain a CCJ, and whilst he was very much up for sending the big guys in to Enforce, I pointed out, that given how she conducted herself during the CCJ process, she will almost certainly have Bailiff Proofed herself. The result was, we went and got a Charging Order, and he now has very grudging monthly payments, especially after it was pointed out that he knew where she worked and could also apply for a Wages deduction.... Bailiff action would have gained him nothing but extra costs.

[HCEOs]

With regard to the other enforcement options the OP should certainly consider them. It is worth remembering the High Court Enforcement is the cheapest option even if it's unsuccessful costing just £120 (£60 court fee / £60 abortive) which hopefully it wouldn't be.

 

Further, enforcement could be supported with a charging order as they can be run simultaneously. The costs of the charging order can also be added to the debt. We have many clients that go down this route to fully secure their position if enforcement is unsuccessful.

[tomtubby]

HCEO

 

I hadn't realised that a Charging Order can run simultaneously or that the costs of the CO can be added to the debt.

 

Thanks for this info.....

 

Crazy stuff....

[HCEOs]

No problem tomtubby, for info, the only exception to simultaneous enforcement is where an 'attachment of earnings' has been ordered.

 

CPR 70.2 Methods of enforcing judgments or orders

(1) Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of

money.

(2) A judgment creditor may, except where an enactment, rule or practice direction provides

otherwise –

(a) use any method of enforcement which is available; and

(b) use more than one method of enforcement, either at the same time or one after another.

Edited March 15, 2013 by HCEOs

[caledfwlch]

HCEO

 

I hadn't realised that a Charging Order can run simultaneously or that the costs of the CO can be added to the debt.

 

Thanks for this info.....

 

Crazy stuff....

 

It seems very Unjust, given that with a CO the Debt has been Secured.

[HCEOs]

It seems very Unjust, given that with a CO the Debt has been Secured.

 

Not at all. Securing the debt may mean you might not actually get paid for years and that there may not be equity in any event.

 

If the debtor has assets it is only right that those assets are enforced against to recover the money today.