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    • mimi1234
    • By mimi1234 24th Jan 17, 10:00 AM
    • 7,308Posts
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    mimi1234
    Help enforcing CCJ
    • #1
    • 24th Jan 17, 10:00 AM
    Help enforcing CCJ 24th Jan 17 at 10:00 AM
    Hi all,

    Just a quick question in case any of you have experience of this.

    I made an investment which has now ended but I have only been returned some of the money. I made a claim via money claim online and have a CCJ against the person I invested with.

    The amount he owes is just north of £10K with fees and interest on top.

    Before the CCJ came through, he sent me an income and expenditure sheet which shows most of his assets are via finance. For instance, he has a very snazzy car, worth over £30K easily but he has said it is on finance.

    I am going to call the bailiffs office next month as I cannot wait any longer to get the money back.

    My question is this, say for instance most of his possessions are on finance, what happens if the bailiff only siezes items worth £2K or £3K. What happens after that? Is there any other way I could get my money back? I have read about putting a charge on his property but I don't quite understand it. Does anyone have any experience?

    I tried to get some advice off CAB but they said as the process had already started, they were unable to help me.

    Thanks to anyone who might be able to help, and sorry if I sound really stupid. I will definitely not be investing any of my money ever again!
Page 3
    • mimi1234
    • By mimi1234 18th Apr 17, 11:59 AM
    • 7,308 Posts
    • 64,936 Thanks
    mimi1234
    Hi,


    It's about the case as in the payments he has made so it is all crystal clear.


    I'm happy to tell them where they can find him when he is not available as he has an estate agents where he normally is unless he is in Turkey or Dubai.


    I might just give them a call later on in the week.
    • steampowered
    • By steampowered 18th Apr 17, 3:46 PM
    • 1,177 Posts
    • 1,066 Thanks
    steampowered
    If you know he is drawing a salary from the estate agent company, you could consider an attachment of earnings order against that company, and/or a third party debt order in respect of dividends.

    I suppose if you obtained such an order he may stop drawing a salary/paying dividends but then the money would be stuck in the company.
    • mimi1234
    • By mimi1234 21st Apr 17, 12:53 PM
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    mimi1234
    So I spoke to the bailiff yesterday who said on his next visit he wouldn't leave with less than half the debt and an installment plan for the remainder. So I was over the moon thinking I'll finally get what is mine. I asked him if there was any chance of me getting the money back and he said of course.

    Bailiff visited today doing one of those early morning visits. The fancy 4 x 4 has been switched to a £200 banger. The debtor did the whole I can't pay anything more, I am cash strapped and can only do £100 a month. He has asked for an income and expenditure sheet. I was quite surprised that nothing more was taken off him. Normally on the television shows that's the line people use but the bailiff doesn't budge until some money is handed over. I know he has a lot of immediate family members. One has a travel company business. Tours to the Middle East etc.

    The debtor has asked the bailiff to go back when he is next in the area and he will grant peaceful access to the property. Is that normal? Also won't this allow the debtor to take all his expensive items to his brothers or sisters house or his wife's house?

    I think I am beginning to accept the money is not going to come back which is annoying because I thought the bailiffs would try and get something back. It's not at all like it is in the TV shows where the bailiffs don't budge at all.

    Thanks for all your help folks.
    • mimi1234
    • By mimi1234 21st Apr 17, 2:01 PM
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    mimi1234
    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits". It seems like the visits they do are girly gossip chats and no action takes place like it does in the TV shows. I remember watching one where the woman was only young, had an elderly Mom and a young child and the HCEO was hesitant he would not leave the property until some money was handed over.

    Sorry if I am being ridiculous but I thought the HCEO would be able to go in all guns blazing and get something in return not just go for a chin wag.
    • fatbelly
    • By fatbelly 21st Apr 17, 6:49 PM
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    fatbelly
    The TV shows are primarily entertainment - with a helpful marketing push for specific companies (who presumably get paid for being promoted!)

    You still have lots of options - I think I set them out earlier.

    I also was sceptical of the use of HCEOs in post #11 - they are too easy to fob off if you know what you are doing.
    • steampowered
    • By steampowered 22nd Apr 17, 9:36 AM
    • 1,177 Posts
    • 1,066 Thanks
    steampowered
    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits".
    Originally posted by mimi1234
    I can't see that more visits would do any harm.

    I suppose the key question is whether you'd be paying for more visits.

    Are you on a "no recovery no fee" arrangement? If so, there's no harm in a further visit. If you are on an arrangement like this, disinstructing the bailiffs before recovery might mean you have to pay their fees. Check your T&Cs.
    Last edited by steampowered; 22-04-2017 at 9:57 AM.
    • robatwork
    • By robatwork 22nd Apr 17, 5:34 PM
    • 3,616 Posts
    • 3,933 Thanks
    robatwork
    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.

    This may only be with repossessions though - I only watch with one eye.
    • fatbelly
    • By fatbelly 22nd Apr 17, 10:11 PM
    • 10,559 Posts
    • 7,892 Thanks
    fatbelly
    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.
    Originally posted by robatwork
    Repossessions are different. For 'money' claims they cannot force entry unless the matter is a criminal fine from the magistrates court (example tv licence). However, if they have achieved 'peaceable entry' on an earlier visit they can force entry on a subsequent visit to access the goods they have taken control of. It does seem that the debtor here understands this process.
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