• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Charging order vs HCEO

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Charging order vs HCEO

    Hi,
    I have recently obtained judgement against a sole trader for £3,000

    I have obtained an address for him and I have confirmed that he owns the property, along with his domestic partner.

    I suspect that he is reasonably savvy with regards to visits from HCEOs and so I believe it is likely that such an enforcement approach would be unsuccessful (and so a waste of the initial fee and the failure to enforce fee).

    If I do try the HCEO first, would I be able to add any enforcement fees to a later charging order?

    Would having gone down the HCEO route first, increase the likelihood of obtaining a charging order?

    If I do go down the charging order route, and I do the work myself, and it goes to a hearing, is it likely that a court would awarded me travel expenses and.or litigant in person costs?

    Any thoughts on the above would be much appreciated.







    Tags: None

  • #2
    I have read elsewhere that transferring the CCJ up to the High Court for enforcement will also have the effect of making statutory interest payable on the debt, even where it is below £5,000. Can anybody confirm whether that is correct?

    If so, having it transferred to the High Court first would seem like the way to go, even if the enforcement is unsuccessful and a charging order is then submitted.

    Although I would like the money now, I would be happy for it to accrue at 8% until the debtor decides to pay.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

    Announcement

    Collapse
    1 of 2 < >

    SHORTCUTS

    Pre-Action Letters
    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Witness Statements
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    2 of 2 < >

    Need Formal Help?




    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    See more
    See less

    Court Claim ?

    Guides and Letters



    Search and Compare fixed fee legal services and find a solicitor near you.

    Find a Law Firm


    Loading...
    Working...
    X