Small Claims Court - Warrant Suspension?

Plantlover66 · 27 June 2017 at 10:56AM

Good morning, I am currently in small claims court with an ex-housemate who is refusing to pay outstanding council tax and utility bills. She requested to suspend the warrant so that the bailiffs would stop visiting her parents property. She offered me £10 a month for a debt of £607, I refused and advised I would take no less than £50 a month.

I was told to attend a hearing a couple of weeks ago which I did. The defendant decided not to turn up so the judge decided that he would put the warrant back in place.

I spoke with the bailiffs yesterday and the defendant has given her some lie about not knowing about the hearing. I do not believe this in the slightest and the bailiff has now advised the defendant to request another suspension.

Is the defendant allowed to do this and why would the courts allow her to suspend when she failed to attend the hearing? has anyone had any experience with this sort of thing and able to give some advice.

I do not want to do an attachment to earnings are the defendant has a new job every other month so I'd rather get the money direct from her.
Also, because the bailiffs, which I have paid for, appear to be advising the defendant the best way to get out of this situation, I'm pretty unhappy with the way they have dealt with things and now considering high court enforcement officers instead. Are they more likely to get the money/goods? And does anyone know how I would go about a formal complaint against the county court bailiffs?

I have paid hundreds in court costs including the bailiffs warrant, yet the bailiffs are advising the defendant the best way to get out of paying?

Thanks in advance, any help is appreciated!

StopIt · 27 June 2017 at 11:38AM

Of course the defendant has the right to ask for a suspension of this warrant.

The Court will then decide if they should suspend it. If they don't, collection activity will continue.

You can escalate to the high court as the CCJ was for more than £600. You have to pay the HCEO like the CC teams but fees will also be charged to the debtor.

You're likely to get short shrift from the courts regarding any complaint as the bailiffs are merely following their code and must be impartial and thus, unless if given reason not to will take debtors words in good faith.

That's what the Courts are there for after all, they're the people who issue judgment, not the bailiffs. HCEO's have more powers, but still will not take blood from a stone, nor take essential goods like cooking equipment, washing machines etc.

Has the debtor got any assets likes cars etc that a HCEO can use as leverage to get payment from them? You want £50p/m but can the debtor realistically afford it?

Plantlover66 · 27 June 2017 at 12:06PM

I wouldn't have spent hundreds in the courts if I didn't believe the debtor could pay. She's lied over and over forgetting that we still have mutual friends. Mutual friends who have advised she is living at her parents, have advised she is driving a brand new car and I have received multiple pictures of her showing off with hundreds and hundreds of notes on social media which I've submitted to the courts. She is currently getting her mother to lie for her and claim she is not living there but I know for a fact that she is.

I understand that the debtor has a right to suspend the warrant, but if they have requested this already and couldn't be arsed to turn up to the hearing, why are they able to request it again? I'm trying to get my head round when the courts will say enough is enough?...Is the debtor able to suspend the warrant another 4 or 5 times? I'm just trying to understand when a line is drawn.

I can also confirm that the debtor is working full time at a good company and is able to support her drug habits so I know for a fact she can pay the money!

StopIt · 27 June 2017 at 12:26PM

halexis91 wrote: »

I wouldn't have spent hundreds in the courts if I didn't believe the debtor could pay. She's lied over and over forgetting that we still have mutual friends. Mutual friends who have advised she is living at her parents, have advised she is driving a brand new car and I have received multiple pictures of her showing off with hundreds and hundreds of notes on social media which I've submitted to the courts. She is currently getting her mother to lie for her and claim she is not living there but I know for a fact that she is.

I understand that the debtor has a right to suspend the warrant, but if they have requested this already and couldn't be arsed to turn up to the hearing, why are they able to request it again? I'm trying to get my head round when the courts will say enough is enough?...Is the debtor able to suspend the warrant another 4 or 5 times? I'm just trying to understand when a line is drawn.

I can also confirm that the debtor is working full time at a good company and is able to support her drug habits so I know for a fact she can pay the money!

You have the right to escalate to the High Court at any time remember in the event on defaulting on the CCJ so the ball is in your court so to speak.

The County Courts will entertain any legitimate argument and yes, if they see shenanigans will put a stop to it. However, they're not Judge Judy and while frustrating, do not really care for antics on either side, including the "But Your Honour, look how naughty the debtor is".

If the debtor is unwilling, instead of unable to pay, chuck it to the High Courts. They will use data such as Electoral Roll info and other supporting evidence that the Debtor is living at the address of the claim and will not entertain an argument of "They don't live here, go away". Also, if the debtor doesn't want the HCEO team at their parents door, they need to pay, simple.

Small Claims Court - Warrant Suspension?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free