Choosing a Debt Collection agency to pursue for money claim...

[vicr76]

Hi

 

Can somebody help me with choosing Debt Collection Agency.

 

I had a Money Claim case against a builder which he failed to reply and this Monday I received a letter from court saying that the defendant failed to reply (or something like that) and if he don't reply with in 7 days from the letter issued I can apply for judgement against him.

 

Can anyone suggest whats the best step I should take next.

 

Thanks in advance.

 

Regards

[citizenB]

What is the value of your claim ? It might be wiser to choose a court appointed bailiff to try to obtain your money. I will try and find someone who can advise further.

[citizenB]

I have changed your thread title to better reflect you query and also moved you to the General Legal Forums, where you will attract more caggers

[unclebulgaria67]

Best route is to request judgement and if they don't pay the CCJ within the 30 days to pay the fee to elevate to High Court Enforcement. CAG does not allow recommendations. Best advice is to contact a local High Court Enforcement Officer before you pay the court fee to elevate so you know the basis of how it works. Some will charge you a fee even if they have not obtained your money.

 

Before you start incurring further costs make sure you have some chance of getting your money back. I.e is the builder still trading. Have they changed company registration ? Some builders are known to cease trading when they run into problems , sell off any assets to a new company and then start again. Then when people come knocking for money they are a new company and nothing to do with previous company. Just see what you can find out first.

[vicr76]

Hi

 

Many thanks @CitizenB for changing the title, yes this is just perfect. The amount is approx. £3500.

 

@unclebulgaria67 What I want to know is which bailiff should I use (I'm not asking for any particular Company) because I remember a while ago I read somewhere in this same forum that there are different types of bailiffs and some got more power to recover money. I didn't put my claim against his company but on his name and send letters to his residence address.

 

Regards

[unclebulgaria67]

Hi

 

Many thanks @CitizenB for changing the title, yes this is just perfect. The amount is approx. £3500.

 

@unclebulgaria67 What I want to know is which bailiff should I use (I'm not asking for any particular Company) because I remember a while ago I read somewhere in this same forum that there are different types of bailiffs and some got more power to recover money. I didn't put my claim against his company but on his name and send letters to his residence address.

 

Regards

 

Look at using a High Court Enforcement company as they will try harder than standard county court enforcement agents. Have you checked whether this builder has any other unpaid CCJ,s ? I believe it is possible to check this using Trust Online. If you found that they had other unpaid judgements, it might help you decide.

[vicr76]

Hi

 

Thanks @unclebulgaria67, I think thats what I was looking for or can you suggest anything else by which I can be able to recover my money more forcefully as I think the builder gonna play around with these people.

 

Regards

[citizenB]

As Uncle B has suggested, check to see if the builder has any other CCJs. You can do this using Trust online.

 

http://www.trustonline.org.uk/

 

There will be a fee to pay and you will need to know his address.

[vicr76]

Hi

 

Thanks @CitizenB, yes I surely check that. Can you please explain if there any diffrence in Bailiff and High Court Enforcement company and who is more powerful.

 

Regards

[unclebulgaria67]

Hi

 

Thanks @unclebulgaria67, I think thats what I was looking for or can you suggest anything else by which I can be able to recover my money more forcefully as I think the builder gonna play around with these people.

 

Regards

 

Depends on whether the builder has business premises or works from home. Enforcement Agents might have more chance if they have business premises as they may have more chance to gain access plus goods on site to seize. With a private home, it is much more difficult, as if the debtor does not want to cooperate, there is not much they can do.

 

Get the CCJ first. Check to see if other CCJ,s are noted for this builder. Then try to find out about the issues mentioned so far in this thread. If you are still not paid in a few months then talk to enforcement companies and decide best course of action. If you had to go down the High court route, the builder would potentially have a lot extra to pay, as HCEO's charge a lot.

[unclebulgaria67]

Hi

 

Thanks @CitizenB, yes I surely check that. Can you please explain if there any diffrence in Bailiff and High Court Enforcement company and who is more powerful.

 

Regards

 

HCEO will be more persistent in pursuing debts. They stand to earn more from the debtor, so are keener.

 

Following recent changes to enforcement powers I am not sure whether one is more powerful under the law than the other.

[vicr76]

Thanks @unclebulgaria67

[unclebulgaria67]

Thanks @unclebulgaria67

 

Where are you exactly in the process ? When was the builder supposed to have submitted their defence to the court ?

[vicr76]

Hi

 

I received a letter from court saying the defendant failed to reply for some form no. (I don't remember right now) so I can ask for judgement if he don't reply this letter with in 7 days of issuing.

 

Will update with exact contents of the letter once I get home.

 

Regards

[unclebulgaria67]

Hi

 

I received a letter from court saying the defendant failed to reply for some form no. (I don't remember right now) so I can ask for judgement if he don't reply this letter with in 7 days of issuing.

 

Will update with exact contents of the letter once I get home.

 

Regards

 

So the claim may still be defended ! Think you are jumping the gun looking at enforcement options. Some people leave it until the last minute before paying to avoid the CCJ.

[vicr76]

Hi

 

I'm not jumping the gun just getting prepared. As I'm sure he won't do anything or even if he do he won't get away just like that. I got whole proof of his damages done on my property while he was working and I have to finish the work with another contractor who provided me all photographic evidence of his damages which I already mailed him. He also know that he can't just get away thats why he came to our house after receiving the first court letter and threatened me. So just preparing myself so can act fast once I get a judgement. Sorry if I bothered you.

 

Regards

[citizenB]

No bother, Vic - Just be aware that he could very well submit something at the 11th hour

[unclebulgaria67]

Hi

 

I'm not jumping the gun just getting prepared. As I'm sure he won't do anything or even if he do he won't get away just like that. I got whole proof of his damages done on my property while he was working and I have to finish the work with another contractor who provided me all photographic evidence of his damages which I already mailed him. He also know that he can't just get away thats why he came to our house after receiving the first court letter and threatened me. So just preparing myself so can act fast once I get a judgement. Sorry if I bothered you.

 

Regards

 

Just pointing out that you could be messed around, before it even gets to the stage of you needing enforcement. You could be waiting many months.

 

If they have been around to threaten you, then you should tread carefully. If threats of violence were made, you should have registered this with the Police. Also any enforcement agent you employ should be made aware.

[ploddertom]

How does he trade - Sole Trader, Partnership, Ltd Co?