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  • FIRST POST
    • mimi1234
    • By mimi1234 24th Jan 17, 10:00 AM
    • 7,349Posts
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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 4
    • waamo
    • By waamo 31st May 17, 1:09 PM
    • 2,088 Posts
    • 2,501 Thanks
    waamo
    Does he own a house? If he does a charging order might be the way forward.
    This space for hire.
    • mimi1234
    • By mimi1234 31st May 17, 2:20 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Does he own a house? If he does a charging order might be the way forward.
    Originally posted by waamo
    He has at least 2 houses - 1 where his wife/ex wife lives with and 1 with his new girlfriend. He told me all this when we were discussing the investment deal. I have had this confirmed with land registry checks.

    He also used to have property abroad. He may still have but I haven't checked that, not sure how one would.

    I'm going to give HCEO's one last chance so if anyone has any recommendations, please let me know.
    • mimi1234
    • By mimi1234 31st May 17, 3:30 PM
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    mimi1234
    Just had a 2 page email from HCE group telling me about the various "visits" they have made. The debtor was never in, hmm!

    The stupid debtor has now paid the £100 he normally deposits in my bank to the HCE group. How do I go about cancelling that if I change HCEO?

    They also sent me an email from the debtor to them asking the HCEO to give him a call three days in advance so he can meet them when they turn up. The cheeky ******* also said "I am being extremely accommodating and helpful".
    • waamo
    • By waamo 31st May 17, 3:56 PM
    • 2,088 Posts
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    waamo
    I would get a charging order. You've wasted too long. That might make him sit up and take notice.
    This space for hire.
    • mimi1234
    • By mimi1234 31st May 17, 4:05 PM
    • 7,349 Posts
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    mimi1234
    I would get a charging order. You've wasted too long. That might make him sit up and take notice.
    Originally posted by waamo
    I'm on it.

    I'm off work next week and I will be doing that.

    If he has a lot of other people who he owes money to, will they get preference over me? Mind you, both houses together would be over £300K and I think his total debts are about £160K.

    Thanks.
    • fatbelly
    • By fatbelly 31st May 17, 6:30 PM
    • 11,525 Posts
    • 8,658 Thanks
    fatbelly
    As someone noted towards the starting of this thread, the programme "The Sheriffs Are Coming" is very misleading. It's glammed up viewers like me end up thinking the HCEO goes in and does not come out until everything has been sorted. It doesn't happen in real life!
    Originally posted by mimi1234
    That was me

    I also suggested (in February) that you go for a charging order. It secures the debt, gives you the best chance of getting something if he goes bankrupt and, if you can find a property that he owns (preferably not jointly) but does not live in, you may be able to get an order for sale.

    He can offer up the 'preference' argument against the CO going final but, in practice, the courts ignore this. As you say, there are likely to be other creditors out there - getting your debt secured puts you ahead of them,, particularly if one of them issues a statutory demand to try to make him bankrupt.

    A land registry search to check ownership costs (I think) £3
    Last edited by fatbelly; 31-05-2017 at 6:33 PM.
    • mimi1234
    • By mimi1234 1st Jun 17, 10:07 AM
    • 7,349 Posts
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    mimi1234
    That was me

    I also suggested (in February) that you go for a charging order. It secures the debt, gives you the best chance of getting something if he goes bankrupt and, if you can find a property that he owns (preferably not jointly) but does not live in, you may be able to get an order for sale.

    He can offer up the 'preference' argument against the CO going final but, in practice, the courts ignore this. As you say, there are likely to be other creditors out there - getting your debt secured puts you ahead of them,, particularly if one of them issues a statutory demand to try to make him bankrupt.

    A land registry search to check ownership costs (I think) £3
    Originally posted by fatbelly
    Hello FB, how are you my love?

    I've done all the research and I am going to do the LR checks on both of his properties. Is there anyway of finding out if he still has properties abroad? I guess I would need to speak to a solicitor about this.

    The worst thing is I might lose out on a couple of hundred quid if a CO is not granted but hey ho, it won't be the end of the world.

    I'm still a bit gobsmacked that he thinking paying the £100 to the HCE Group means they have disappeared and he has swanned off to get a fancy new car. It was a fancy new Audi!

    I've been speaking to The Sheriffs Are Coming and they sound a bit more genuine. It's just a shame they can only go to two properties because if he is not at one of his two houses, he would be at his Mothers or his business address.
    • steampowered
    • By steampowered 1st Jun 17, 10:16 AM
    • 1,897 Posts
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    steampowered
    Is there anyway of finding out if he still has properties abroad? I guess I would need to speak to a solicitor about this.
    Originally posted by mimi1234
    A UK solicitor won't be able to help with this mimi. You can't get a UK charging order over overseas properties.

    To enforce against overseas properties, you'd need to go to the local courts, and would be subject to whatever the local enforcement mechanisms are. You'd need a local lawyer to advise you on those. I don't think there is any way of doing a global search unfortunately.

    I'm still a bit gobsmacked that he thinking paying the £100 to the HCE Group means they have disappeared and he has swanned off to get a fancy new car. It was a fancy new Audi!
    Do you happen to have any idea where he is getting his money from, or who is paying him? If so you could consider a third party debt order.
    • mimi1234
    • By mimi1234 1st Jun 17, 10:28 AM
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    mimi1234
    A UK solicitor won't be able to help with this mimi. You can't get a UK charging order over overseas properties.

    To enforce against overseas properties, you'd need to go to the local courts, and would be subject to whatever the local enforcement mechanisms are. You'd need a local lawyer to advise you on those. I don't think there is any way of doing a global search unfortunately.


    Do you happen to have any idea where he is getting his money from, or who is paying him? If so you could consider a third party debt order.
    Originally posted by steampowered
    Thanks for your information. I do appreciate it.

    He owns a successful property buying / letting agency. He runs it alongside his 2 siblings and from what I can fathom (this is just my guesswork), the income is split out so he gets the bare minimum and the other 2 get most of the money made hence him not having to pay his debts.
    • mimi1234
    • By mimi1234 1st Jun 17, 4:02 PM
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    mimi1234
    Oh just seen him whizzing past in his face car again. Took a cheeky snap again and I have just checked the type of car it is and how much it sells for - £35K!

    I'm unsure if he owns it or it is leased. Surely someone in so much debt would not lease a car as fancy as that, just something that gets them from A to B? Hmmmm!
    • lincroft1710
    • By lincroft1710 1st Jun 17, 4:21 PM
    • 9,909 Posts
    • 7,977 Thanks
    lincroft1710
    Oh just seen him whizzing past in his face car again. Took a cheeky snap again and I have just checked the type of car it is and how much it sells for - £35K!

    I'm unsure if he owns it or it is leased. Surely someone in so much debt would not lease a car as fancy as that, just something that gets them from A to B? Hmmmm!
    Originally posted by mimi1234
    Did you make a note of the registration? It would be an asset that could be seized if it belongs to him and not to the property company or on lease.

    A word of warning. If you ever see this car parked unattended, under no circumstances, however great the temptation, key the car or slash the the tyres or damage it in any way. Criminal damage is a serious matter and being found guilty could lead to imprisonment. But i am sure you would not commit such a crime
    • mimi1234
    • By mimi1234 1st Jun 17, 8:23 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    Did you make a note of the registration? It would be an asset that could be seized if it belongs to him and not to the property company or on lease.

    A word of warning. If you ever see this car parked unattended, under no circumstances, however great the temptation, key the car or slash the the tyres or damage it in any way. Criminal damage is a serious matter and being found guilty could lead to imprisonment. But i am sure you would not commit such a crime
    Originally posted by lincroft1710
    Yes, got the reg, car name and all that too.

    I wouldn't damage the car. I simply want my money back. I'm getting the charging order next week. I know might take a long time to get back to me, if it can, but I will try everything I can.
    • mimi1234
    • By mimi1234 10th Jun 17, 4:31 PM
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    mimi1234
    Quick update:

    One of the houses is in his (ex) wife's name and one of their children. The other house is in his name and his wife so I can follow that up with a charging order.

    It appears he still has his 4 x 4 Audi and it is outside his (ex) wife's house. I didn't give the HCEO that address.

    HCE Group are being massive bell ends and won't give me my "nulla bona" so the other HCEO's cannot take over the case. I've sent 5 emails and phoned twice but still nothing. Do I just ask to speak to a manager?
    • waamo
    • By waamo 10th Jun 17, 5:20 PM
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    waamo
    I'm a bit surprised you are still faffing about with the HCEO and not pushed forward with getting the charging order.
    This space for hire.
    • mimi1234
    • By mimi1234 10th Jun 17, 9:06 PM
    • 7,349 Posts
    • 64,941 Thanks
    mimi1234
    I'm a bit surprised you are still faffing about with the HCEO and not pushed forward with getting the charging order.
    Originally posted by waamo
    I'm on with the charging order.

    I just want to put a stop to the HCEO group because no doubt the debtor will be depositing another £100 soon.
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