Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 941 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thank-you for that

 

So I have sent in a letter today outlining these points and also asking humbly for clarification on the missing transcript and June dates.

 

I also updated my costs to include interest lost and also the extra time it has taken to read an enormous transcript.

 

I will get back here when I know more.

Link to post
Share on other sites
  • 3 months later...
  • Replies 218
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thought I would update the thread.

 

I have basically been waiting on a decision on this letter about costs for months now. The appeal was refused on 3 /4 counts but with a confusion about the date in June given to come back on point 4, which has now passed but without any letter or comment.

 

I call up every 2 weeks and the file is always still with the judge, so at this stage I have nothing that says "you won, appeal refused...go ahead and collect" with a " your costs have been awarded or not". I have in effect no closure at all.

 

I have tried every angle on getting this moved on, escalation process (doesn't exist), complaint (Same person as I am dealing with now). Can I talk to the judge (No!!). There seems nothing I can do.

 

Is this normal? The appeal was refused, I wrote in about getting further costs as advised on here, and now I have been waiting since June to get any kind of answer at all. I can't collect because the case is not yet closed, I can't collect until I know I have the extra costs awarded or not.

 

How can i get closure and move to collections?

Link to post
Share on other sites
  • 3 weeks later...

So I have finally got a response back from the judge, however the response simply states in 1 line that the date has now passed where the appellant was given to provide something so the appeal is over.

 

4 times I have sent in an application under CPR 27.14(2), and including 27.14(2)(g) , to have consideration of my costs to be paid and I have still not got any kind of response what-so-ever on this question.

 

Some questions I need some help with:

 

1. Should I move to collection on the original award and then continue to push for the extra costs to be claimed and then collect those if I get them.

 

2. Should I wait for the judge to actually respond to the CPR 27.14(2), and including 27.14(2)(g) letter I wrote and then only collect when this is finalised?

 

3. How do I get the judge to respond to me. It seems there's a 3 month turn around if i'm lucky and then they don't even respond to the question I ask. Is there another way I can do this? Complain maybe?

 

Any help is gratefully received.

 

We are so close to getting this done now.

Link to post
Share on other sites

Hi there

 

So I finally got a reply from the Judge on the issue of these extra costs, his response is:

 

‘these kind of matters cannot be dealt with by emailed correspondence. If Mr XXX seeks his costs he must make an on notice application with supporting evidence and payment of the appropriate fee. The application will have to be served on his opponent and will be dealt with by judicial process in due course. This will undoubtedly involve a direction that the Defendant responds to the application and maybe listed for hearing if not dealt with on papers.’

 

I attach a form N244 for completion. The fee is £100 and on receipt will be referred to a judge to consider.

 

So, it seems that, whilst it took a long time to get to this, the judge has indeed stated that you can't just write a letter to him. It has to be done with Form N244.

 

I would really appreciate someone just getting back to me and helping with closing this down for me. This costs thing was advised on this post by you guys so I am a little confused by it now and whether carrying on is worth bothering with?

 

Also how do I now move to collect?

Link to post
Share on other sites
  • 1 month later...

Hi There

 

So I won a judgement in the small claims court almost a year ago. There was an elongated appeal process that to date left me stumped. However the case is now in the hands of the bailiffs. This is a business to business case, both the claimant and defendant are LTD companies.

 

Currently the bailiffs are trying to collect over 3 months using a new telephone service which has a higher rate of collection, and i'm happy to try that. However the date of the first payment has already been missed and they cannot get hold of the main contact to get the payment over the phone. They call every day, but of course office staff are probably clued up on this.

 

This company is still running, it is banging on about how well it's doing on social media, tweeting about all the training their staff are going on etc etc. However for me the £2500 they owe me, seems to be a matter of life and death to them.

 

I have been warned that bailiffs in this case are not usually successful, so I am left aghast at having gone through all of this and nothing will potentially happen.

 

Does anyone have any ideas or any advice or services that I can use that are stronger and guarantee a bit more success. Ideally in a more timely manner?

 

Any help is much appreciated.

Link to post
Share on other sites

Actually yes iot is but I was getting no responses on that any more. I thought maybe because the case is now requiring different expertise?

 

I would like to keep this thread if possible, as I think the other thread is dead.

Link to post
Share on other sites

I'll merge the threads for now to keep the information together. You'll still be at the top of the forum because of the new posts.

 

 

We may move you to a different forum if you need different expertise.

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

Are these hceo's?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

High Court Enforcement Officers

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

Link to post
Share on other sites

Aha Thank-you, so I believe these would be what are called sherrifs, is that right?

 

At the moment the bailiff support team is calling for the agreed payment but they are not responding and past the date of the first payment. This way it's going to be years before we get anywhere.

 

Bailiffs are yet to go in, however they have told me already that they don;t think they will get any, knowing their territory etc. About a 30% chance of getting paid with them.

 

This is why I am thinking we cancel the agreement, get the bailiffs in, let them fail 3 times and then I wanted to work out other options now.

Edited by dx100uk
Spacing
Link to post
Share on other sites

Thought we told you ages ago to use the sheriffs officers HCEO firm?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I was told to use these by the courts, I was trying to get advice here but I was getting no response.

They have a scheme here that use telephone people whch has a good rate of success, but i think they're just getting the run-around like everyone else on this case.

 

So what powers do HCEO's have that the bailiffs don't and why would I use them over the bailiff's process?

They seem to be hellishly more expensive, like £1000 v £100.

 

When the amount you are collecting is £2500, £ 1000 is a lot of money to also invest when you never get any kind of g'tee it will work.

Link to post
Share on other sites

didn't think their fees were that high, but anyway that gets paid by the debtor not you.

 

HCEO's can enter and seize business assets court bailiffs rarely bother .

and I thought they were free?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OK actually doing a search on HCEO's and not the keywords I was using has brought up some very good explanations of the differences. I did not realise this. One great link is here:

 

Particularly useful sentence about businesses, where these guys can break in and seize goods even on the first visit.

 

Questions:

1. Can I stop the bailiff process at any time and just hand collecting to the HCEO's or do I have to let the bailiffs now run their course?

2. Can HCEO's go to business owner/director properties and seize goods there if they struggle with the main business address?

Link to post
Share on other sites

1.yes .

2.possibly - but that's for them to workout where the business assets are hidden

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...