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Advice please CCJ and High Court Writ

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  • Advice please CCJ and High Court Writ

    Hello,

    looking for advice please. Background below

    If a debtor doesn't answer the door or acknowledge the Writ posted through the door, what happens?

    Are HCEO allowed to remove vehicles linked to the debtor?

    If the Writ is against a person and a business but only the home address is on the Writ are they allowed to visit the business premises as well?

    If you believe a person has given false details and the CCJ is in this name is there anything that you can do?

    If current collection agency are unable to collect, can we instruct another?


    Background

    We are a small business, my partner is a heating engineer and we are trying to chase a debt, not huge but significant to us, just under £2000. We got the judgement at CC and the CC bailiffs tried to enforce the warrant. The debtor applied for suspension, got it, then still didn't pay. We now have a High Court Writ for the business and the debtor himself. Work was done at the business premises and the debtors home address.

    The HCEO have attended his home address (as we believed at the time) but no one answered the door, they left the writ and a note on the car on the drive. We live in the same village as the debtor so have driven past the house and the note has gone from the vehicle and they have not been in touch with the enforcement officers.

    We now believe that the debtor rents this address (from someone else), he in fact owns another house in the village. We know the address as we did work there also (he had relatives living there at the time). This address is not on the Writ and for some reason the business address isn't only the registered head office (which is the same as his home address).

    We supplied the business address as well as his home address when instructing the HCEO.

    We now believe the debtor gave us a false name and the CCJ is in this name, we don't have definitive proof but having done research on him it does appear that he has used several names and built up numerous CCJs in different names.



    Sorry for so many questions

    Many thanks
    Jo
    Last edited by Jojo71; 27th April 2016, 18:02:PM.
    Tags: None

  • #2
    Re: Advice please CCJ and High Court Writ

    As you have now found out, just having a CCJ against someone is no guarantee you are ever going to get the money. You have already shelled out nearly £200 and still got nowhere. It sounds as if you up against someone who is adamant they are not going to pay and seem to have done this to others as well. Unless the HCEO can find some goods to seize/remove/sell then all that is going to happen is they will return the Writ and ask you to pay an abortive fee of approx £90.

    As to what you can do next is up to you and depends on how much you are prepared to spend over this. There are 2 scenarios that come to mind:
    1 - discuss with the HCEO whether in their opinion it is wort asking they go to Court to force entry to the debtors premises. This can be done for those who ignore enforcement and have visible trappings of wealth - Schedule 12, Part 2, Para 15 - 1 & 2, TCE Act 2007 refers.
    2 - apply for an Order whereby the debtor is summonsed to Court for questioning. If the fail to appear then it is possible they can be done for Contempt.

    Comment


    • #3
      Re: Advice please CCJ and High Court Writ

      Thanks for your reply.

      The house we believed to be his home address we now believe is just used as an address to absorb the debt he is creating. He had an empty shop unit and it has been fitted out using various tradesmen, all relatively small bills most not being paid. Our bill is larger as we paid for some of the equipment that was installed in the shop unit. The debtor set up a business with his daughter as director to facilitate this unit being fitted out. Once the unit was complete the business failed to file returns and so Companies House want to dissolve it. This shop unit is now up for sale. There are no details on land registry as to who owns the unit.

      The house itself shows no trappings of wealth, the house is actually a rental and the debtor does not own it. The debtor drives around in 2 different expensive cars, these are parked either at the home address he used or on the road outside, HCEO said that these do not have finance outstanding on them. Could these be seized even if he does\t answer the door?

      The shop unit which has been fully fitted out, has things of value that could be sold on, should this address have been added to the writ?

      As the debtor has built up several CCJs in differing names, has he done anything illegal?

      It is so frustrating seeing the shop unit up for sale with equipment that we've paid for inside, a very hard lesson to learn

      Comment


      • #4
        Re: Advice please CCJ and High Court Writ

        The HCEO should tell you if they are able to get anything from the debtor they say the vehicles he appears to own are finance free why were they not clamped? IS the business a LTD company the one who you got the CCJ against

        Comment


        • #5
          Re: Advice please CCJ and High Court Writ

          Thank you will ask them. They have only made one visit so far and no one answered so they posted the writ and left a note on the car. They have yet to go back so am hoping they will clamp next time (if he doesn't hide them)

          The company is a Ltd company but fortunately (or not as it appears) he asked us to do some work for him at his house so we were able to go after him personally too. We believe the name he used is not his real name and this is how he has managed to wrack up so many ccjs and never end up paying.

          It seems wrong that the shop unit is up for sale containing equipment that hasn't been paid for

          Comment

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