Bailiff issue. Am I missing something here?

swingaloo

Just wondering if anyone has knowledge of why a bailiff would work this way.
Background is- Someone I know has obtained a CCJ against someone who did some work for her which cost her several thousand pounds to put right. She had previously got judgement but he appealed saying that he never got the original papers and so hadn't filed a defence.
He was allowed to appeal but judgement  went against him as this time he did not enter his defence within the allowed time period, this time stating he had been ill in hospital and so unable to complete the paperwork in time.. 
However the lady who brought the case had photographic evidence which she produced to the court showing he was actually out and about during the time he claimed to be in hospital and his appeal was refused and the CCJ granted against him.

He has not made any payment or offer so she has called in bailiffs to act on her behalf to get the money owed.  The bailiffs have contacted him by phone and told him they are looking to recover the money owed but due to Covid they are unable to actually visit his home at the moment but have said they will be calling on him in the next 2-4 weeks. He is still disputing he owes the money but they have a CCJ.  What we don't understand is why they would pre warn him that they are going to call on him in a few weeks as surely this will give him time to dispose/remove anything of value.  He owns 2 properties, one in his name and one in his wife's and also owns caravans and a cottage which he lets out. He runs a business and has 2 work vans and they also have 2 family cars. Surely by warning him that they are coming they are giving him time to transfer ownership of everything into his wife's name. Or does it not work like that?

waamo

Bailiffs are pretty useless. They get paid whatever happens so don't chase very hard. They have to warn someone they are visiting. The debtor is not allowed to shift debts like you fear but bailiffs won't investigate very hard.

A much more effective method is to uplift the case to an HCEO and get a High Court writ. These guys are paid by results and have far more powers than bailiffs. They will organise the uplift for you as well.

swingaloo

Thank you, I didnt realise they had to warn the debtor they are visiting. I must watch too much television, lol. I will pass what you said about getting a High Court writ onto her.  If the bailiffs try and fail can she then go for the High Court writ or is that something she should do straight away?

waamo

You can let the bailiffs try and fail if you want but I see no advantage in that. It just drags everything out. 

fatbelly

All county court warrants of control  (that's a bailiff warrant) have to go through a warrant of control support centre where (in theory) someone from the court will try to broker a payment arrangement by phone ahead of a bailiff visit.
https://content.govdelivery.com/accounts/UKHMCTS/bulletins/24c3af1

No bailiffs of any variety can  attend at the moment but the ban  is being lifted in August.

Provided the judgement is for more than £600, and is not a consumer credit act debt, the claimant can escalate this to High Court and use a High Court Bailiff (called HCEO). They have to give 7 days' notice of a visit and are subject to the same rules as a county court bailiff, though can charge higher fees.

Both sorts of bailiffs can be easily thwarted - they don't highlight this on the tv programmes. I've been in debt advice 20 years and I've yet to hear of a bailiff removing goods in any case in my area.

How much is your friend owed?

swingaloo

Thanks for the replies. Im not certain of the actual figure but I know its over £10.000. I know she is hoping to get a charge on his property if thats possible as he is very slippery and has folded his business twice in the past to avoid paying his debts.  She is also aware that he is being taken to court by another of his 'customers' who is unhappy at the state of the job he has done.

sourcrates

Bailiffs are very easy to thawte, they are not allowed to force entry to private property for debt, so unless they are invited in, or can enter through an unlocked door, they can be stopped at the doorstep.

Unfortunatly obtaining judgement is just the start, actually getting any money can be tricky if the debtor is one step ahead all the time, even a charging order is no guarentee of payment, orders for sale are very rare these days, and are only granted in a very small number of cases, so if he has young children, or an elderly parent, or a disabled child, its unlikely an order would be sucessful.

If he is been chased by a lot of creditors, he could just pull the rug out from under you all, and declare bankrupcy then non of you would get anything much.

sourcrates

waamo said:

You can let the bailiffs try and fail if you want but I see no advantage in that. It just drags everything out. 

Bailiffs only attend on 3 occasions, after that they move on to the next job, you can keep them out of the equasion for ever just by keeping your door locked.

If the debtor is used to living that life, as it seems they are, its nothing to them.

yfennilass

At Fatbelly Curious, how do you know they’re not attending until August? 

sourcrates

yfennilass said:

At Fatbelly Curious, how do you know they’re not attending until August? 

Because all bailiff action has been put on hold by the Government until August 23rd due to Covid-19.

Naomim

I'm in a very similar situation.  Took our ex builder through small claims. Won our case for £10,000 and not seen a penny. He's since moved, I know what area but have no address. He's always in rented accommodation as far as I'm aware so no point sending any bailiffs as I don't think he actually owns anything. 

Naomim