Best way to proceed following a successful small claim CCJ judgement?

Theagg

Farfetch1 said:

Theagg said:

macman said:

Bailiffs is the usual first stop, assuming there are assets to be seized. Actual seizure is not the purpose, it's to elicit payment as an alternative.
Ltd company or sole trader?

Sole trader. Ok, so bailiffs first and if they fail to get any results (I've noted on other threads where bailiffs are mentioned this is a distinct possibility) then move onto the other options. (which in this situation would only be either an order to obtain information or the third party debt order) Reason for asking is that I have always assumed that the bailiff option being the most 'personal', would be left for last.

Bear in mind that you'll be fronting the bailiff's costs, so if they fail to extract the required funds you'll be likely looking at doubling that debt as bailiffs will typically want £400-600 as "costs."

Personally, I'd be looking at a Garnishee Order, unless the defendant is particularly stupid.

Yes, that's a downside I do need to consider, as reading elsewhere on the forum, bailiffs isn't a gaurenteed success, so those kinds of costs are not something I want to face if that fails. A Garnishee Order is now what's called a Third Party Debt order if I'm correct ? Not sure exactly what's fully needed to persue that, as it's not made clear from reading various sites if you need to know the amounts the defendant holds in any particular account before you apply for it. (but even if the account is empty when its applied, it's still far less a cost than bailiffs coming up empty handed I would guess)

Jenni_D

Bailiffs don't have power of entry, certainly to a private residence. I'm not sure if HCEOs have such power of entry (supported by a High Court writ).

Something else to consider.

(Bear in mind that the cost of the HCEO is added to the amount recovered from the other party).

DanDare999

Jenni_D said:

Bailiffs don't have power of entry, certainly to a private residence. I'm not sure if HCEOs have such power of entry (supported by a High Court writ).

Something else to consider.

(Bear in mind that the cost of the HCEO is added to the amount recovered from the other party).

Both can enter through unlocked doors, if high court enforcement have been on your property and you lock them out if they leave then the can re enter by force. 

DanDare999

Theagg said:

macman said:

£600 is a sum that is relatively easy to recover from a sole trader if you use bailiffs-you're not going to be agreeing a repayment schedule for a small sum like that, and I doubt that a bailiff would accept less than 50% down on an initial visit.
Does the trader have commercial premises, or are you serving to a private residence?

The claim amount is actually for just over £1000, but being honest I'm not too fussed over a short term repayment schedule or similar being agreed if it came to that. And yes, it's a private residence.

What's the extra money for?

Theagg

DanDare999 said:

Jenni_D said:

Bailiffs don't have power of entry, certainly to a private residence. I'm not sure if HCEOs have such power of entry (supported by a High Court writ).

Something else to consider.

(Bear in mind that the cost of the HCEO is added to the amount recovered from the other party).

Both can enter through unlocked doors, if high court enforcement have been on your property and you lock them out if they leave then the can re enter by force. 

Only in exceptional circumstances it seems, so probably not permissible to force entry in a case such as mine. This is the government page dealing with their rights anyway. https://www.gov.uk/your-rights-bailiffs

Theagg

DanDare999 said:

Theagg said:

macman said:

£600 is a sum that is relatively easy to recover from a sole trader if you use bailiffs-you're not going to be agreeing a repayment schedule for a small sum like that, and I doubt that a bailiff would accept less than 50% down on an initial visit.
Does the trader have commercial premises, or are you serving to a private residence?

The claim amount is actually for just over £1000, but being honest I'm not too fussed over a short term repayment schedule or similar being agreed if it came to that. And yes, it's a private residence.

What's the extra money for?

No extra money, I didn't state the actual amount at the start, just that is was over £600 (as I knew where the limit was for High Court officers to be involved) When the other poster seemed to think it was £600, I simply pointed out it was higher.:)

robatwork

Don't get too hung up on their bank account. Bailiffs or HCEOs can't access their bank account so it's not relevant. They can on the other hand clamp their car/van, which given the value of this claim may well elicit a quick payment.

Theagg

I also meant to ask, while I know there is a 6 year time limit on making a small claim, what is the time limit on deciding to opt to enforce a successful judgement once it has been awarded ?

macman

There is little point in obtaining a CCJ unless you are prepared to rapidly follow it up with enforcement action-unless you are confident that the plaintiff will pay up voluntarily. Give them maybe 14 days?