Warrant of execution returned !

redsclubbedup

hi all I am trying to get a bit of information regarding a warrant of execution that has been returned to me

i ended up paying for a warrant of execution through small claims court to get money owed to me after a fiasco with ebay.

the baliif has managed to get 400 pounds, but then visited on several occasions and got no response, so has now returned the warrant of execution, with 300 still owing

now i have been told that the guy in question is definatley still at this address. my question is, as I paid a £100 fee to issue this warrant can they just turn around and say that they have tried on several occasions to contact him, but havent been able to and then just return it ???

my understanding was that it was valid for 12 months ?

the next step is to try for an attachement of earnings, but this is another £100 and I dont want to throw even more moneyat this

the baliff came to an arrangement with the guy concerned to pay £100 a month, I m questioning why didnt he just seize his tv / other goods to pay of the debt - i thought this was the whole point of paying to send the ballifs in, not for them to turn around and say they have tried a few times, but couldnt get the money from him

any advice on this would be greatly appreciated. i don't want th ehassle of applying for an attachement of earnings, this has been going oon for over a year now, and all i want / need is my money back !

redsclubbedup

sorry to bump this - but does no one have any idea at all ??? i havbe tried talking to the court, but they havent been particularry helpful !

Freddie_Snowbits

I would suggest that if the person is going to pay £100 a month to settle this matter, why would you want to incur additional expense and take it further.

Equaliser123

How much was the original judgment for?

I would have suggested transferring to the High Court for enforcement but I am not sure if you can do that now.

redsclubbedup

thanks for the input

firstly - yes he did agree to pay £100 a month, and did this on four occasions - since this time he has not answered the baliff, who visited the property 11 times, after 7 visits with no response (even though the defendant is still living there) the baliff has no returned the warrant to teh court - this is the crux of the issue, I paid £100 to produce the warrant, and now he is saying that he has tried X amount of times, he is not going to try any more, and has returned the warrant - is this something that he really can do ?? seems like he just can't be bothered to me

if i go down this second route, I will need to pay another £100 and again it is up to teh baliff to get the information required, hence why I dont want to have to pay another £100 for nothing to happen again

the irony is the original judgement owed was only £400 but then with court fees and baliff fees this went to £700, so he still owes me £300 which will be £400 if i have to spend another £100 on this next process - problem being i may well throw away another £100 if the baliff says he can't get ahold of the guy

woody01

Equaliser123 wrote: »

How much was the original judgment for?

I would have suggested transferring to the High Court for enforcement but I am not sure if you can do that now.

Why?
An arrangement has been
made and the fella obviously cannot afford more else the bailiff would've demanded.

For christ sake...its only £700

Equaliser123

woody01 wrote: »

Why?
An arrangement has been
made and the fella obviously cannot afford more else the bailiff would've demanded.

For christ sake...its only £700

Why what?

Really wish you would take a chill pill and not take life so seriously.