Builder has stopped paying agreed CCJ

[ploddertom]

How does the builder trade - sole trader, partnership, ltd company? If a sole trader are you sure he has assets - he may have a nice sparkly van but the chances are it is not his? When was your original Judgment obtained?

[ploddertom]

Hi Ploddertom -

 

The CCJ was issued 4 years ago.

I believe he is a sole trader. Other than his new home, which he bought only last year according to Land Registry, I have no idea if he has any other assets.

 

As for his van, I believe that even if that was his own, since he needs it for his work, just like his tools, it cannot be taken by the HCEOs. As its value will probably be over £1350 hen it will not be exempt from seizure unless of course it is on finance which is what I would expect it to be.

 

 

My reasons for asking how old this was is because it comes across strongly the payment you both agreed to was done mutually and if it had got to over 6 years then it may have been awkward. Someone earlier gave you an idea of the type of HCEO you need to contact and it would certainly pay you to speak to them on Monday morning

- cost of applying is approx £66 - find the time to go to https://thesheriffsoffice.com/ and have a good read of the various articles on there

- in particular the FAQ's.

 

Whatever you do steer clear of the company that appears on Ch 5.

Edited February 9, 2019 by dx100uk
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[ploddertom]

Was that back in the time before they had to give notice?

[ploddertom]

You are reading too much into the context.

 

If the debtor pays in full then you will get every last penny back and the Enforcement Co gets to keep their fees (charged on top of the debt).

 

If an agreement is reached to pay by instalments then the payments are apportioned so that both yourself & the Enforcement Co get a continuing income stream which is what the % split is all about.

 

When eventually it is all paid you will have received what you claimed for originally in full and they will only have recovered their fees.

 

They will NOT be taking a proportion of the debt for themselves unlike Claims Management Cos who do take a %age as their commission.

Edited February 11, 2019 by dx100uk
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[ploddertom]

DCBL are the company featured in Ch5 Can't Pay, We'll Take it Away.

 

They have form for not sending the correct paperwork out and adding all fees on their first visit.

 

They do not have their own Authorised HCEO but instead pay to use the services of one from another company who actually lives in Florida.

 

There is a question mark against both DCBL and the HCEO they use which hopefully may get resolved before too long. I'm not sure if you have been warned of this.

 

There is nothing stopping your debtor applying for Set Aside but would think it very unlikely given the time span and payments he has been making previously.

 

He could also apply for a Stay of Execution against the Writ if he has grounds to do so - again I think unlikely given past history.

 

He could also apply to the Court to set payments he must make to you, if this does happen and you decide to go the HCEO route then let them deal with all payments as if he defaults at any time they can step in to continue enforcement.

 

Do not be tempted to deal with your debtor yourself as if you engage the services of the HCEO and you do this then you can be held responsible for their charges.

 

If the Defendant decides to pay you direct then notify the HCEO ASAP as you may have to forward any payment to them.

Edited February 11, 2019 by dx100uk
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[ploddertom]

In case of an arrangement they should be asking you if you will accept what is offered. They should also be securing the debt by Taking Control of Goods so should they default they can then remove & sell them to satisfy what is owing - the value of the goods should be worth at least 5x what they owe.

 

In case of instalments there is no added costs to yourself. Instead payments are made on say a 65/35 split which is you receiving the greater share and the rest going towards fees. Obviously this extends the number of payments that have to be made.

 

Personally if it were me I would be looking for a minimum payment of £100 per month and preferably £250.