HCEO cant enforce my warrant - what other options do i have?

[Macks-Headroom]

I would welcome help from Members in connection with the enforcement of a debt.

The last letter from the High Court Enforcement Agent, a company which I had instructed reads as follows:

Extract:

"The agent in this instance reported that is unable to gain peaceful access into the property as the debtor refused entry and was not willing to discuss the matter.

We have no right to force entry and as there were no external assets available to remove the agent has no alternative means to enforce this matter further."

Are there other enforcement options I can consider, please?

The sum of money involved is £1094;

the debtor works as an engineer and I know that they do possess a motor vehicle.

Despite not completing aborting their assignment, the debt collection agent took all of their fees from me as well as a deductions from the partial payments they received from the debtor.

I would be grateful for any advice, steer and / or suggestions, please.

With many thanks.

[Macks-Headroom]

Thank you dx100uk and Jk2054 for taking the time and trouble to read and respond to my post.

I find your responses helpful.  Thank you for re-labelling the title which I had titled wrongly due to my ignorance.

With regards to partial enforcement,

I am sorry I should have clarified that the company which I had instructed (Court Enforcement Services Limited), to enforce the CCJ only collected a fraction of the debt before the debtor stopped payments.

This led Court Enforcement Services Limited to advise that they can no longer help me because the debtor doesn’t seem to have external assets which they could seize, and they could not enter the property by force to secure any property belonging to the debtor.

With regards to filing enforcement proceedings with the Court, are you in a position to say what form I would need to kick start this process, please.

The debtor is not self-employed. I know that they are a qualified engineer as well as a qualified and registered nurse.

I would appreciate any assistance you might be able to throw at me, your time permitting.

[Macks-Headroom]

Hello dx100uk; Jk2054 and il buono

Thank you all for sparing some time to read my post and offer some constructive advice which has been a source of some learning for me as I'm very much a beginner at this sort of thing. 

I'm genuinely and truly grateful to you all.

I'm now using the information you have provided and to formulate and plan the next steps.

I will probably try a two-pronged approach:

(i) go back to Court Enforcement Services Limited and certain assertions pertaining to the fee they took and the discrepancy around the alleged lack of external assets.

(ii) put in motion an N337. 

I'm assuming that the DCBL has similar limitations to Court Enforcement Services Limited and they might not be able to enter the debtor’s property. Please let me know if my assumption is wrong.

With regards to information about the debtor such as place of work, are there any provisions in the court procedures for getting this type of information?

With many thanks.

[Macks-Headroom]

Thank you dx100uk, I absolutely get it.

I'm also doing some research and I've found this website and I'm assessing my options as well taking up your suggestion

- What to do if a defendant doesn't pay money after judgment (EX321) - GOV.UK (www.gov.uk)

Many thanks once again & Best wishes for 2024 to you All.

 

[Macks-Headroom]

Thank you, once again - Il buono and jk2054.

1. I have no way of checking the debtor's vehicle, but I know from their lifestyle, needs and wants that they most certainly have a vehicle. We live in diametrical geographical locations.

2. I will most certainly pursue and exhaust the Court Enforcement Services Limited route as the fees they took from the transactions is absolutely disproportionate to the fraction of the debt that was recovered - so thank you for this steer, it costs me nothing be persistent. 

3. I cannot say HCE ignored the vehicle - but they said there was no vehicle they could link to the debtor.

I thank you heartily for your steer, thoughts and ideas.

[Macks-Headroom]

Hello jk2054 - thank you for responding to my earlier note. I'm sorry for the delay in getting back to you on your latter point. I'm more than happy to share the breakdown of the financials as they were presented to me by CES, please see below:

Debt:   1095.75; Paid: 450.00; Interest: 74.21; Fees + VAT: 326.89; Balance: 1046.85 

So, for every £50 instalment the debtor paid, CES deducted 18.5%

I have no way of checking the make/model of the debtor's vehicle. I have gone back to CES to reiterate that the debtor most certainly has a vehicle, and also requested a clearer picture of the fee structure considering that they have already taken 70% of the amount paid.

[Macks-Headroom]

Thank you, dx100uk, unclehr and il buono - I'm grateful for the time taken to read my posts and your actionable follow-up comments.

In answer to Il buono's two questions, the answer is 'yes' to both questions.

I will use your constructive comments to inform my next actions which I've already commenced.

For example, I've gone back to Court Services Limited to ask some key questions, mindful that their attitude might be not to revisit this case again.

I will use the Subject Access Request route if they prove unwilling to share information.

With regards to the debtor, it seems the next step is to look into the provisions for obtaining information from them with a view to then applying for an attachment of earnings.

Many thanks once again to you all.