Want to save money but have a huge thorn in my side LEGAL ADVICE NEEDED

Music_Lover_3

lesley1960 wrote: »

In our experience with having to sue non payers we have found the County Courts to be usless ( and quite often worse then that ) , try transfering to the high court , their baliffs have more powers i believe

Will look into this one, thanks.

And thank you to everyone for kind/helpful words.

ML

Homework

Why not take it through the employment legislation. Have you contacted ACAS? www.acas.org.uk

They give advice to employers and employees and have a lot of experience dealing with problems. They should be able to give you guidance.

Music_Lover_3

Homework wrote: »

Why not take it through the employment legislation. Have you contacted ACAS? www.acas.org.uk

They give advice to employers and employees and have a lot of experience dealing with problems. They should be able to give you guidance.

Oh, thank you for this. Will call them on Monday morning.

ML

Homework

They are very good and very knowledgable. I'm sure they will have heard this many times before and have a quick answer for you.

Good luck

Music_Lover_3

Boooooooo. ACAS can't help me because I'm self-employed.

The guy on the phone advised that I go through the court and contact CAB which I've already done.

LavenderLily_2

I used to be a county court bailiff's clerk and I can't understand why they don't want to pursue the defendant for an OTACFQ. Yes, it takes a bit of effort but that is their job. What reason did they give you for not trying? The great thing about an OTACFQ is that the defendant can end up going to prison for 7 days if they don't comply Once you've got that info you could possibly do a Third Party Debt Order (used to be called a Garnishee Order) which means you get his bank account stopped and any money in credit in that account (up to amount of your judgement) gets given to you by his bank. He won't be notified that it's going to happen until it's already happened so he won't be able to get there first and empty the account.

Good luck. It's sad to say that sometimes these people get away with it but I hope you manage to get what you're owed because I hate to see the bad guys win.

Music_Lover_3

LavenderLily wrote: »

I used to be a county court bailiff's clerk and I can't understand why they don't want to pursue the defendant for an OTACFQ. Yes, it takes a bit of effort but that is their job. What reason did they give you for not trying? The great thing about an OTACFQ is that the defendant can end up going to prison for 7 days if they don't comply Once you've got that info you could possibly do a Third Party Debt Order (used to be called a Garnishee Order) which means you get his bank account stopped and any money in credit in that account (up to amount of your judgement) gets given to you by his bank. He won't be notified that it's going to happen until it's already happened so he won't be able to get there first and empty the account.

Good luck. It's sad to say that sometimes these people get away with it but I hope you manage to get what you're owed because I hate to see the bad guys win.

County court manager said that as the bailiff had not been able to track him down throughout the warrant of execution, they probably would not be able to track him down to serve the order. They have a note on their system saying "DEFENDANT WORKS ABROAD", which I've told them is not true (I have seen him in town). I've advised the bailiff of the best times of the day to track him down but they must not have followed this advice.

The warrant of execution was issued in May and I have just received the final return. So they didn't achieve anything in 6 months.

I asked if I could serve the order myself then sign the aferdavit, she said I could but didn't sound too sure. Also, if he does ignore this order and there is a warrant for his arrest, it's the bailiffs that arrest him. I don't have any confidence in them.

My apologies if I'm sounding really defetist towards all the helpful advice, I think that county court system has just really undermined my confidence and I've shelled out for nothing from my empty pocket.

Thanks again.

ML

Music_Lover_3

itsnever2lateisit? wrote: »

How about a winding up order?

Hello again all,

Was just doing some research and came across the above term. When I first read this term, I thought it was a joke! (Winding up/taking the mickey)

Am researching into it now. So a very belated thank you!

ML

kaznelson

I work within the Credit B2B industry and would advise that you transfer your Claim to the High Court. Once this has been done you can get the High Court Enforcement Officers to enforce the warrant.

The High Court Bailiffs have a lot more success rate in recovering debts. I think they work on commission where as the County Court Bailiffs don't.

Its easy to do and won't cost a lot of money, around £100, which you will get back if they are successful. These are a couple I know of:

http://www.northernsheriffs.com/
http://www.sheriffslodgmentcentre.net/

Good Luck

penguin83

You can also serve the order to attend court for questioning yourself (via a tracing agency to serve) - you can add the cost of this to the amount owed.

If you want to go down the High Court route. You can issue a writ of fifa using Form N29a and Form 53. There is a £50.00 court fee and then the HCEO costs.

For more info see here (page 2 gives a bit of info on High Court) x x