Company ignoring HCEO

[kev827]

good evening,

 

I have employed the services of a HCEO to recover money owed to me by my former property management company.

 

The company paid a % of the debt and entered into a payment plan. They have since failed pay anymore money and are not responding to letters/telephone/visits from the HCEO.

 

Any suggestions as to what i can do to progress this any further and faster?

[renegadeimp]

Tell the HCEO to do their job?

[ploddertom]

which HCEO are you using?

[steampowered]

Presumably you have their bank details? You could think about going for a third party debt order over the account. Although if they are in financial difficulties there might not be any money in there.

[kev827]

Hi i am using the Marston Group

[ploddertom]

Hi i am using the Marston Group

 

In that case I am surprised at their lax attitude, have you asked to speak to the Authorised HCEO rather than the person carrying out the enforcement. How old is the Writ, if it is coming up to 12 months then you need to decide whether to renew it or not or even change HCEO but if you do there may be a costs implication with Marstons.

[HCEOs]

It will really come down to what assets the debtor has and whether you sued the correct entity.

 

Have you sued a Ltd company, a sole trader, a firm or a trading name?

 

If you can answer this I can give you further advice.

[kev827]

The writ has been issued against a Ltd company

[HCEOs]

OK, now it will depend on what they have in the way of seizable assets.

 

My guess is that Marston's haven't found anything to remove. Do you know if there are any and if so did you advise Marston of this? Have they gained entry to the enforcement address and if so is it commercial or residential?

 

It could be that a different type of enforcement is a better option.

 

For example, would the winding up of the business prompt them to make payment? If so, a Stat Demand could be the way forward if there are no tangible assets for the HCEO to remove.

[kev827]

Hi, they have not been able to find anything in the property to seize and the address is commercial. They paid a % of the debt and agreed to pay the rest at a set amount until the debt was cleared. That hasnt happend. Can i please ask what a Stat Demand is? please forgive the daft questions there is a lot to learn.

[renegadeimp]

Stat demand is the precursor to bankruptcy, or iirc a winding up order.

[kev827]

Thanks for all the info so far from you all.

 

The plot has thickened slightly, i have today taken delivery of a notice of yet another court hearing where the company is asking for the judgement to be set a side. They applied 89 days after the judgement was issued. Looks like yet another attempt to delay the whole process.

 

I assume that as the case is still active and not yet had a court ruling that they should still respond to and pay what is owed as detailed in the original writ?

[kev827]

is it possible to request that a court hearing be moved from one county court to another?

 

I have to attend a 3rd hearing to have a case set aside. on both of the previous dates the company never turned up meaning that i had an over night stop in a hotel and a 360 mile round trip.

 

The case is against a Ltd company and not an individual if that makes a difference?

[ploddertom]

The HCEO can only be prevented from attending & enforcing if:

a - they have applied for and been granted a Stay of Execution

b - Set Aside has been granted

[ploddertom]

I've merged both your threads together as they deal with the same subject.