I have a CCJ obtained against a not very nice person who owes me some money.
Whilst he is going around telling everyone who will listen that I am the bad guy for taking him
to court, I just want paying out.
He already told the judge that he had plenty of money so he cannot try and pay by £1 per week.
As I understand it I have 2 options either obtain a 3rd party debt order or appoint a balliff to collect.
which is the quickest and best method as thy both cost £100. I must say after the way he has behaved
the thought of him having his bank account frozen whilst he has to cough up is quite appealing.
Replies (7)
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Done both methods ...
In my experience a bailiff takes rather longer to get around to doing the job. Also have had a bailiff fobbed off by being told that the debt had been paid rather than checking whether it had. This just meant back to square one with timings and the process seemed to need starting again
Whereas 3rd party collector is slightly more on the ball and also they are more accessible - none of the business of one bailiff to cover the 'entire county' and only in the office for 2 hours to receive phone calls about progress
Also on one occasion had to threaten to take bailiff to court because they sat on the money for 3 months - something about an authorised signatory being ill and no-one else able to sign cheque
So my vote is for 3rd party
Could you try for a high court writ? Must admit I've only seen how they work on the tv but those bailiffs can seize assets on the spot if the balance isn't paid in full.
strongly recommend
using a High Court Enforcement Officer. They will deal with the admin of transferring to the High Court, and are much more motivated than bailiffs.
Examination
You can also pay for him to have an examination - the cost is added to his debt to you. Then you know what money and assets he has and where he has them, and can enforce the CCJ. He will purger himself if he lies. If he does not turn up you can apply to the court to issue an arrest warrant, again very serious. But all this takes time, effort & money, do not do it unless he CAN pay in the end.
Bailiffs have no more powers that you.
Bailiffs actually have very few powers, and rely upon the ignorance of the debtor. For instance bailiff has no right of entry to private premises, must leave when told to, and cannot touch anything that is a tool of trade such as works vans, or essentials such as clothes, bedding, cooking equipment, tables, chairs and so on. They are even required to leave one TV set in the premises. High Court bailiffs, or "sheriffs" as some style themselves, have no more powers or rights than ordinary bailiffs.
This link contradicts your opinion
Bailiffs actually have very few powers, and rely upon the ignorance of the debtor. For instance bailiff has no right of entry to private premises, must leave when told to, and cannot touch anything that is a tool of trade such as works vans, or essentials such as clothes, bedding, cooking equipment, tables, chairs and so on. They are even required to leave one TV set in the premises. High Court bailiffs, or "sheriffs" as some style themselves, have no more powers or rights than ordinary bailiffs.
http://www.yourrights.org.uk/yourrights/privacy/power-of-officials-to-enter-your-home/bailiffs.html
They are entitled to enter your home, but can only force entry for eviction purposes, or to reclaim goods under a 'walking possession' order ...... and they can take your tv!