Issued a Warrant

dvdrdl

I have been chasing a swindling estate agent that I did some work for a while ago now.

Cut a long story short, i started a small claims proceeding online.

Won by default as no reply.

I now paid for a warrant of execution which is 'issued'

I am a little confused at this stage.

Do I then have to employ a bailiff to execute the warrant or is this part of the issuing process?

First time I have ever been led on this merry dance and I want to see it through to the end and serve justice on these crooks.

enfield_freddy

him , or his company? , office or home address ?


you might get a old computer and a 1/2 jar of nescafe if you do it wrong

AbbieCadabra

might be a bit late if you've already issued, but can these guys help? the sheriffs office. what value was it for, think this determines what you can do next & who you can instruct.

dvdrdl

Issued it against the company.

Was for £130 + all the other stuff now added.

Matter of principle rather than a money issue.

pooch

dvdrdl wrote: »

I have been chasing a swindling estate agent that I did some work for a while ago now.

Cut a long story short, i started a small claims proceeding online.

Won by default as no reply.

I now paid for a warrant of execution which is 'issued'

I am a little confused at this stage.

Do I then have to employ a bailiff to execute the warrant or is this part of the issuing process?

First time I have ever been led on this merry dance and I want to see it through to the end and serve justice on these crooks.

I assume you this is in Engalnd or Wales?

The warrant of execution is actually now known as a warrant of control.

The fee paid includes, if necessary, the court bailiff making a visit to collect payment or sieze goods. This normally happens at least 7 days after issue, but within 15 working days, as first the defendant is advised by the court that the warrant has been issued,giving them a final chance to pay without the need for the bailiff to call.

dvdrdl

thanks pooch.

I did get a letter this morning explaining, postman must have been a bit slow.

dvdrdl

Update:

So I had a warrant issued in April via Croyden County Court and am still waiting for a result.

The whole process was great til it reached bailiffs and now !!!!!! all seems to be happening and nobody knows why.

I am starting to think it has been a waste of time and money.

From the crumbs of info I have argued out of them, the defendant had goods seized and then applied to get them back by some means and thus adding more time to the process, as far as i know he didn't submit them in the end so his time should be up.

Really p'd off to be honest and thought i'd vent here :-D

AbbieCadabra

not sure why the bailiffs aren't giving you info on what's happened, it's your warrant that they are acting on, you should be aware. i used to deal with the bailiffs all the time as i worked for our local water company. they were tricky to get hold of sometimes, but always forthcoming with info & their honest feedback on the situation.

i think the system/procedures have come on since those days, but as you're finding out now, very few warrants are successful at actually getting you what's due.

in principle, i fully understand why you did it. but looking at it realistically, perhaps not so.

have they actually said what will happen now? presumably goods sold at auction?

pooch

dvdrdl wrote: »

Update:

So I had a warrant issued in April via Croyden County Court and am still waiting for a result.

The whole process was great til it reached bailiffs and now !!!!!! all seems to be happening and nobody knows why.

I am starting to think it has been a waste of time and money.

From the crumbs of info I have argued out of them, the defendant had goods seized and then applied to get them back by some means and thus adding more time to the process, as far as i know he didn't submit them in the end so his time should be up.

Really p'd off to be honest and thought i'd vent here :-D

Contact the court - they should be able to update you fully on current progress.
(If the warrant has been passed to the debtor's local court, you will need to contact that court for info)

You say the bailiffs have seized goods. Check carefully whether they were seized or removed.

Seized means they are still at the debtors premises (but the bailiff can remove anytime, by force if necessary)
Removed means the bailiff already has taken the goods.

Either way, there's another waiting period (typically 15 working days) for the debtor to pay up ... or at least do something to prevent the goods being sold.

If the goods are only seized (not removed) then I would expect the bailiff to have obtained at least some money upfront ... and that should have been passed onto you.

The other option for the creditor is to apply for the warrant to be suspended/stopped. But the court should have advised you if that was the case, providing you with a copy of their application.

Get onto the court now and find out what is happening; you are entitled to know.

If goods were only seized and time is up, the bailiff should be removing.
If goods were already removed and time is up, goods should be going to auction. They should be able to tell you what date the auction is.

Edit: Can I ask what made you decide on this enforcement action in the first place?
Most estate agents wouldn't usually have much in the way of assets. A bit of office furniture and perhaps some computers, (and that assumes it's not leased, on hp, etc), perhaps a coffee machine/kettle.

If the EA was still trading, I would have thought a TPDO would have been the way to go. Not only would you probably get your money (if they have any) but it would cause them significant issues to continue trading whist the TPDO is active.

dvdrdl

So after much complaining someone finally called me back, this time to tell me the premises are now empty.

So in the last three days the story has changed completely.

I think they have seriously cocked up somewhere all they had to say to me was contact your legal advisors...

They are still trading I called them this morning!?

Nobody wants to hear what I have to say at Romford County Court no matter how hard I bite my lip and suck up to them. Absolute shambles and left me feeling really sour about the experience.

Not sure what else to do about it now.

pooch

dvdrdl wrote: »

So after much complaining someone finally called me back, this time to tell me the premises are now empty.

So in the last three days the story has changed completely.

I think they have seriously cocked up somewhere all they had to say to me was contact your legal advisors...

They are still trading I called them this morning!?

Nobody wants to hear what I have to say at Romford County Court no matter how hard I bite my lip and suck up to them. Absolute shambles and left me feeling really sour about the experience.

Not sure what else to do about it now.

So the estate agent is trading from a completely empty property??? :huh:

Sounds more like there were insufficient goods (that were owned outright by the debtor) at the property that could be seized to cover the debt.