Help enforcing CCJ

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  • steampowered
    steampowered Posts: 6,176 Forumite
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    If you know he is drawing a salary from the estate agent company, you could consider an attachment of earnings order against that company, and/or a third party debt order in respect of dividends.

    I suppose if you obtained such an order he may stop drawing a salary/paying dividends but then the money would be stuck in the company.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    So I spoke to the bailiff yesterday who said on his next visit he wouldn't leave with less than half the debt and an installment plan for the remainder. So I was over the moon thinking I'll finally get what is mine. I asked him if there was any chance of me getting the money back and he said of course.

    Bailiff visited today doing one of those early morning visits. The fancy 4 x 4 has been switched to a £200 banger. The debtor did the whole I can't pay anything more, I am cash strapped and can only do £100 a month. He has asked for an income and expenditure sheet. I was quite surprised that nothing more was taken off him. Normally on the television shows that's the line people use but the bailiff doesn't budge until some money is handed over. I know he has a lot of immediate family members. One has a travel company business. Tours to the Middle East etc.

    The debtor has asked the bailiff to go back when he is next in the area and he will grant peaceful access to the property. Is that normal? Also won't this allow the debtor to take all his expensive items to his brothers or sisters house or his wife's house?

    I think I am beginning to accept the money is not going to come back which is annoying because I thought the bailiffs would try and get something back. It's not at all like it is in the TV shows where the bailiffs don't budge at all.

    Thanks for all your help folks.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits". It seems like the visits they do are girly gossip chats and no action takes place like it does in the TV shows. I remember watching one where the woman was only young, had an elderly Mom and a young child and the HCEO was hesitant he would not leave the property until some money was handed over.

    Sorry if I am being ridiculous but I thought the HCEO would be able to go in all guns blazing and get something in return not just go for a chin wag.
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    The TV shows are primarily entertainment - with a helpful marketing push for specific companies (who presumably get paid for being promoted!)

    You still have lots of options - I think I set them out earlier.

    I also was sceptical of the use of HCEOs in post #11 - they are too easy to fob off if you know what you are doing.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    edited 22 April 2017 at 9:57AM
    mimi1234 wrote: »
    Also, if I want to pull the plug on the HCEO, do I just contact their office and say "no more visits".
    I can't see that more visits would do any harm.

    I suppose the key question is whether you'd be paying for more visits.

    Are you on a "no recovery no fee" arrangement? If so, there's no harm in a further visit. If you are on an arrangement like this, disinstructing the bailiffs before recovery might mean you have to pay their fees. Check your T&Cs.
  • robatwork
    robatwork Posts: 7,090 Forumite
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    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.

    This may only be with repossessions though - I only watch with one eye.
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    robatwork wrote: »
    I don't know the law around HCEOs. However don't they have more rights on a subsequent visit than a first visit when enforcing a high court writ? Like being able to force entry.

    Repossessions are different. For 'money' claims they cannot force entry unless the matter is a criminal fine from the magistrates court (example tv licence). However, if they have achieved 'peaceable entry' on an earlier visit they can force entry on a subsequent visit to access the goods they have taken control of. It does seem that the debtor here understands this process.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Hi all and thanks for your replies.

    I've not had any contact from the HCEO this week.

    The HCEO office do not have any of my bank details so they won't be able to charge me per visit. I will check the terms and conditions. What they did mention was that they would only do 3 visits and then that's it. 2 visits have been done so 1 more and that's it.

    From the information I have been given, the HCEO went into the property on both occasions, got the person in the house to call the debtor who did not pick his phone up, so the HCEO left on both occasions. The second visit was an early morning one and the debtor was not in which worries me a bit. (I know he has another property, so I am thinking the snazzy car and the debtor himself might have been there, I just need to confirm this with a land registry check and then take it from there - not sure if this would make any difference with the HCEO seen as they seem to just say hi and bye). After the second visit, the debtor got in touch with the HCEO and told him to come back a third time when he was in the area and he would allow him in the house but the debtor also said "I have nothing of value in my house". Surely, it should be the HCEO who calls the shots not the debtor? He has also asked for an income and expenditure sheet which makes me think he might have been through this process before with others. He completed an income and expenditure sheet when the CCJ went through.

    I'm going to go with FATBELLY has suggested and see if one of those options is more fruitful.

    It seems like the HCEO are not really doing anything. Now I am probably being stupid but on television, once they enter a property/factory, they don't leave until the debtor shows up or brings some kind of money or payment is made. It doesn't seem like it has happened on either occasion. I know it's more dramatised on television but so far they have not done anything to have made a difference. Maybe I am being stupid thinking they would actually do something.

    Also, why has the debtor not filed for bankruptcy unless he is just stalling for some reason? If he is the director of an estage agents business, should he be claiming tax credits? That's what it is saying on the income and expenditure he did for the CCJ. I know there are two / three siblings who run the estate agents business and it seems like they are sharing the money earned between them so the "director" is only making £1.5K a month or so. I bet the other sibling is pocketing big bucks.

    I've tried getting in touch with the HCEO but his phone is constantly switched off. Hmmmm.
  • What you'll find in life is those who fly around the world, drive expensive cars and seem to live that ''life'' have very little wealth. They're living on borrowed time and borrowed money.

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  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Quick update.

    It's been over 4 weeks since the HCEO last attended the debtor's property. When I managed to speak to the HCEO many moons ago, he told me that the terms of agreement were that he would have to revisit the debtor within 14 working days. The last visit was on 13/04/2017 so 14 days have passed and he has not made any attempt at going back.

    Does this mean I can now end the agreement with them and possibly contact another HCEO company? This one was absolutely ridiculous. Please keep far away from the Colwyn Bay / Liverpool HCEO office.

    I did contact another HCEO company and spoke to them and they took me slightly more seriously and said they would not just go for a quick chat and then come back. They would get the debtor to speak to them in person or would not leave the property.
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