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Enforcing a CCJ
zeh004
Posts: 20 Forumite
Hi
Sorry if posted in the wrong section
My mother was successful in obtaining a CCJ judgement against a 'friend' she loaned money too for the amount of £364. However, we are really confused by the next stage. We have their home address and work details plus email. We know they can afford to pay it back and they are located at the known addresses.
However, do we use a county court bailiff or private bailiff (for example like those on TV under the TV programme - cant pay wont pay)?
If so, she is on a low income and disability benefit so she will need to apply for help with fees? Does this mean, she needs to use the county court own bailiffs or can she use a private company? Which one is more successful.
Do we fill in an warrant of execution and then find a private bailiff company?
Would appreciate your advice? Very confused?
Many thanks in advance
Sorry if posted in the wrong section
My mother was successful in obtaining a CCJ judgement against a 'friend' she loaned money too for the amount of £364. However, we are really confused by the next stage. We have their home address and work details plus email. We know they can afford to pay it back and they are located at the known addresses.
However, do we use a county court bailiff or private bailiff (for example like those on TV under the TV programme - cant pay wont pay)?
If so, she is on a low income and disability benefit so she will need to apply for help with fees? Does this mean, she needs to use the county court own bailiffs or can she use a private company? Which one is more successful.
Do we fill in an warrant of execution and then find a private bailiff company?
Would appreciate your advice? Very confused?
Many thanks in advance
0
Comments
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Hi,
You can't transfer the case to the high court for enforcement if the debt is less than £600.
You would need to go down the county court route.
If the debtor won't allow the bayliffs access, and/or ignores them completely, then other enforcement methods would need to be employed such as an attachment of earnings order, if the debtor is working.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks for the speedily response. So do we simply fill in a warrant of the execution and then send to the court - and they do the rest? Are there any other fees we need to pay along the way - for example if they are not successful?0
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Thanks for the speedily response. So do we simply fill in a warrant of the execution and then send to the court - and they do the rest? Are there any other fees we need to pay along the way - for example if they are not successful?
Hi,
You should read this, then decide how to proceed :
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgmentI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I used a county court bailiff a few months back albeit against a company and it was very hassle free.
The bailiff will try to get the fee back as well as the original debt. I know with court fees you can fill in an EX160 for fee remission if on a low income but I'm not entirely sure if that encompasses the warrant form for a bailiff. Can always chance your arm as they will only send back if they don't accept it.0
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