How can I use a Private Bailiff for a CCJ - Court Bailiffs USELESS!

[Esio Trot]

I took a chap to court for £500 that he owed me, and was awarded judgement by default.

 

He works (but I don't know where), Monday to Friday he leaves at 7.30 am and and doesn't get back until around 6.30 pm. He has a 3 year old car.

 

Spent £55 for court bailiffs to execute warrant, putting in the information box his working hours. After 2 months, got a note from the court saying defendant was not in whenever they visited. I queried this with the court, and all the visits were made between 10.00 am and 4.30 pm (when he was obviously at work!!). However, I was told that they did leave notes for him to contact them urgently (Which he obviously didn't - and I expect he is laughing at me, knowing they'll never catch him in).

 

I notice on the HMCS website, it has the following in the bailiffs leaflet (my italics):

Certificated bailiffs - enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates. They cannot enforce the collection of money due under High Court or county court orders.

Non-certificated bailiffs - are entitled to recover the money owed for a variety of debts by seizing and selling your goods but cannot levy distress for rent, road traffic debts, council tax or non-domestic rates, or enforce the collection of money due under High Court or county court orders.

This chap has a decent car and probably other possessions that will meet his liability to me, but the court bailiffs are useless in that they only visit during the day when he is at work.

 

Is there any way that I can get private bailiffs to take this on? I would expect that they could nab his car at the least, as this is worth a few thousand.

 

I just want my money

[derekcat928]

County Court bailiffs usually work roughly to a normal 9-5 routine.

Private bailiffs who are paid by results are aware that they will sometimes need to visit the debtor at 7.30 pm.

[powelll]

Have you looked at other options? It's not enforcement as such but an Order to Obtain Information can be quite good as it forces him to go to court to answer questions about his financial circumstances. If he doesn't show an arrest warrant can be issued.

 

This gives you the chance to see what other enforcement may be appropriate - if he owns a property you could apply for a charging order to secure the debt and you would get paid when he sells... or a Third Party Debt Order which means that if he is owed money it should be paid direct to you. In practice TPDOs usually work well if he has a credit balance in any bank or BS accounts as you can get the account frozen and the money transferred ( which is why the Order to obtain info is so useful ).

 

As he works you could go for an attachment of earnings as well...

 

Hope this helps

[penguin83]

In order to use private bailiffs to execute the warrant a writ of fifa would have to be issued. The judgment must be over 600.00 to do this. The link below provides further info on the methods the above post mentioned

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex321_0406.pdf

[kasdizz]

Damn CC bailiffs. Some can give some really stupid returns.

 

I take it that he rents then! And that you have checked on the Land Registry. If not then do this now.

 

HCEO's are much more effective than CC bailiffs, largely because they are paid on commission. They have seized boats, planes and, alledgedly, large animals in the past. They would tow that car asap. If you go with the Order to Obtain Information (OE) then a TPDO may be simple, as Powell says.

 

You should submit the application form with £45.00 to the judgement debtor's local court. They will give you a hearing date and two orders (N319's) to this effect. Mark one exhibit A and keep it. Put the other one in an envelope, and find the bloke and serve it on him (ask him his name, and then give it to him). You may be entitled to use bailiffs for this, but given their past incompetance, I'd do it personally. Or you can use a professional process serving company, who will be unrelenting.

 

Fill in an affidavit, and see him in court. If you can't serve it on him then you can apply to the court for substituted service by post or recorded delivery (or to put it in the paper), but this may be dismissed. You can reapply for an order without cost for a year.

 

If he doesn't attend then a suspended commital order can be activated. If he doesn't attend the next hearing then he can go to prison for up to 7 days (I think it's 7 days max), although more chances may be given.

 

When you fill in the OE application, you can add any additional documents you require to the standard ones, and add any other questions you want to be asked. You might want to get a hearing in front of a judge, as sometimes you can end up with very hesitant court officers, but this isn't normally a problem.

 

Or you could reissue the Warrant for free.

 

Hope that helps.