MCOL a waste of time and money

gillianbrux

I have a couple of MCOL claims running and although the judgement has in both cases been in our favour, no money is forthcoming. As a point of principle, we decided to follow it up and spent another £100 (on each case) to get a warrant issued (cost is added to the claim). I had no feedback on the first case, and after a number of calls and emails, the bailiffs now tell me that there are no saleable goods at the address given, so that's it. Seems you can just ignore the law if you want - I would advise people not to waste their money using MCOL - what was an original loss of around £200 is now £450 taking my costs to pursue it into account. Wish I hadn't bothered.

(FIY first is against a co. that scammed my husband into paying for computer services that he didn't need (and in the end didn't get) and the other against a removal company that damaged our property and didn't even send a claim form or reply to calls or letters - in spite of us having paid for full insurance.)

Browntoa

you need to carefuly pick your target, its often better to research the owners/directors and get MCOL against them rather than a company

lincroft1710

Sadly they closed debtors' prisons some years ago.

Voyager2002

Browntoa wrote: »

you need to carefuly pick your target, its often better to research the owners/directors and get MCOL against them rather than a company

Alas: a small company (sole owner) owed me money and I claimed against the owner-manager, and the judge threw out the case because it was the company that was liable.

magpiecottage

gillianbrux wrote: »

against a removal company that damaged our property and didn't even send a claim form or reply to calls or letters - in spite of us having paid for full insurance.)

So why not contact the insurer direct?

gillianbrux

I would but have no paperwork and no idea who to contact. The removal company - HR Removals of Hemel Hempsted - don't touch them with a bargepole - will not answer any calls or letters from me. The bailiff has now been round but said no one was there so they left a calling card. MCOL really is a waste of time and money I would advise anyone not to bother using it.

tomtontom

gillianbrux wrote: »

I would but have no paperwork and no idea who to contact. The removal company - HR Removals of Hemel Hempsted - don't touch them with a bargepole - will not answer any calls or letters from me. The bailiff has now been round but said no one was there so they left a calling card. MCOL really is a waste of time and money I would advise anyone not to bother using it.

Play them at their own game. Get a friend to pose as a new customer, get a quote and ask for details of their insurer, just so they can be sure their goods will be safe. Then use said details to make a claim.

MCOL/ small claims can be very useful, but as mentioned you need to do your research first.

brown1950

If you have a County Court Judgment (CCJ) over £600, a High Court Judgment as High Court Enforcement Officers (HCEOs) we can enforce a number of different types of writs which allow you to recover the following:

• Judgments for money, whether the debtor is an individual or organisation
• Employment tribunal awards and ACAS settlements that have not been paid
• Specific goods
• Property, whether commercial or residential, and land from tenants
• Evict squatters from commercial property and land
• Foreign judgments awarded in another country but where the defendants has assets in England or Wales

An overview of transferring up

Once you have your judgment or order, you can transfer it to the High Court for enforcement by The Sheriffs Office. All you need to do to get started is:

1. Instruct High Court officers filling in the appropriate form for what you want to do
2. Send your judgment or order (keep a copy for yourself)
3. Send a cheque for £60 payable to HMCTS

We will manage the entire transfer up process on your behalf - at no charge - and commence enforcement action once we receive the writ back from Court.
How we work:

Our nationwide team of experienced High Court Enforcement Officers (HCEO) operate nationwide across England and Wales. Once we receive the writ we assign the appropriate enforcement team to your case and schedule their visit.
When we arrive, we are permitted to force entry to commercial premises. Our extensive powers also include the ability to enter residential premises through an unlocked door or open window and to climb perimeter walls and fences.
When enforcing a judgment where money needs to be paid, our first action is to seize the debtor's goods, chattels and other property. These can be removed and sold if the debtor fails to pay the sums due. In most cases, the threat of seizure is enough to secure payment.
We attend to collect the judgment amount, your court costs, your £60 transfer-up court fee, judgment interest at 8%. Our fees and costs are paid by the debtor.
Unlike many of our competitors, all of our High Court Enforcement Officers are also experienced Certificated Bailiffs and they all carry portable credit/debit card machines allowing easy secure Chip and PIN payment by the defendant and NO chargebacks!


If any of your judgements are over £600 you now have access to HIGH
COURT SHERIFFS and their increased powers !

gillianbrux

Thanks for the above but neither judgement is for an amount over £600. All been a waste of time effort and money. Thanks for all the replies.

magpiecottage

Does your documentation give a name of the owner of the business?

If not then you should report the matter to Trading Standards as it is a breach of the Companies Act 2006.

magpiecottage

gillianbrux wrote: »

I would but have no paperwork and no idea who to contact. The removal company - HR Removals of Hemel Hempsted - don't touch them with a bargepole - will not answer any calls or letters from me. The bailiff has now been round but said no one was there so they left a calling card. MCOL really is a waste of time and money I would advise anyone not to bother using it.

Do you not have a contract with them even? It is a legal equirement that the registered office of a limited company, its legal name and its registration number is on all documentation and displayed at all premises from which it trades.

For an inicorporated business, the name of the proprietor(s) must be displayed. The latter are personally liable.

If it is not available, I suggest you complain to Hertfordshire Trading Standards.

Additionally, if they sold you an insurance policy, you should complain to the Financial Conduct Authority. You cannot complain to the Financial Ombudsman Service because this firm is not authorised by the FCA to conduct insurance business.

The FCA probably cannot get your money back but it can prosecute the firm for unlawful trading.