Applying for a warrant of execution - what next?

[GeorgeFormby]

Hi,

Was referred to this forum a while back as I had posted my query on a forum that was set up to help the other side in my situation. Have thoroughly enjoyed reading many posts on the site so far and am grateful to have been pointed in this direction :tinysmile_grin_t:

Not sure if this should be posted in the welcome section, so please feel free to move if necessary, and I hope that the course of action I have taken will not be frowned upon. Most (all perhaps!) of the stories I've read are also from people on the 'other side'.

I'm a window cleaner (sole trader) and a customer of mine moved out owing me a small debt for window cleaning services (£37.50) for which I have used Money Claim Online to go through a small claims procedure. A judgement has now been issued in my favour (£62.50 inc of £25 fee). My initial query was whether to apply for a warrant of execution or an attachment of earnings to enforce the judgement, but since the online service only allowed to me apply for the warrant of execution i took that option. The amount owed now stands at £162.50.

I have today received an EX77 - Interim return on a Warrant of execution saying that they were unable to make contact with the debtor but they are continuing to attempt to execute the warrant.

I'm wondering now what the next possible outcome could be and if I can still apply for an attachment of earnings should the bailiff be unsuccessful in executing the warrant. I know of the debtors place of employment and I would think, knowing his position, is very well paid.

I had spoken to, and sent invoices (recorded delivery), to the person in question before submitting the online claim and also after submitting the claim and before applying for the warrant of execution I spoke to him again and was told that his wife was settling the debt. I gave him another 7 days to settle before applying for the warrant.

Thanks for taking the time to read and for any advice as to the possibility of applying for the AoE.

[bluebottle]

Re: Applying for a warrant of execution - what next?

The best thing to do is to speak to the court's Enforcement Office. They should be able to give you the necessary information about applying for an AoE Order.

With regard to the muppet you have obtained a CCJ against, do you realise that if he tries to apply for any form of credit, loan, mortgage, etc., the CCJ will show up on his credit file and will stay there whilst it remains unsatisfied?

[GeorgeFormby]

Re: Applying for a warrant of execution - what next?

Ok thanks bluebottle, I will give them a call and see what advice they can offer.

I do realise about the CCJ yes and I emphasised this to him numerous times. It's completely ridiculous, in my opinion, that a £37.50 debt has escalated this far too but at the time (pre-xmas) I'd had several people move out all owing me money. It just so happened that this couple had left a forwarding address and the other's hadn't so they have received my wrath. Now I'm out of pocket for a further £125 and the AoE (if I can utilise it) I believe will cost another £100.

Thanks again for your reply.

[bluebottle]

Re: Applying for a warrant of execution - what next?

Has the Enforcement Manager at the court given you an update on what is happening as regards your WoE? Ask him/her to appraise you as to the current position.

[GeorgeFormby]

Re: Applying for a warrant of execution - what next?

Has the Enforcement Manager at the court given you an update on what is happening as regards your WoE? Ask him/her to appraise you as to the current position.

The warrant was only issued on the 29th January 2013 (Northampton) and was sent to Chelmsford CC for execution. I've only received the aforementioned EX77 thus far and am probably being a bit premature with regards to subsequent action but I just wanted to know if the AoE was a viable avenue to go down next.

I assume the Enforcement Officer has sent me this EX77 but I haven't spoken verbally to the court at all thus far.

[ploddertom]

Re: Applying for a warrant of execution - what next?

Obtaining a CCJ against someone is relatively easy, however getting that money may be somewhat more difficult. It sounds very much as if the County Court Bailiff is going to come up against a brick wall. If the debtor refuses to answer the door or otherwise open a dialogue with him there is not much he can do. The downside of the CCB is that he has to write to the debtor first advising he is going to visit and many will make sure they are out when he comes. He may only make peaceful entry to their home and unless he strikes lucky finding their car I think he will return the Warrant as unenforceable. There are still other methods you can use but they all have a cost implication and again there is no guarantee of payment.

[GeorgeFormby]

Re: Applying for a warrant of execution - what next?

Thanks too Ploddertom. I am starting to think I should have let it go but the principle of it irked me at the time.

Hopefully the bailiff will come up trumps but if not then I'll have to have a good think about the next course of action to take, if any.

[ploddertom]

Re: Applying for a warrant of execution - what next?

Thanks too Ploddertom. I am starting to think I should have let it go but the principle of it irked me at the time.

Hopefully the bailiff will come up trumps but if not then I'll have to have a good think about the next course of action to take, if any.

I know how you feel. However in the cold light of day if they are not going to cough how much are you prepared to pay. You mention an AoE, do you actually know if they are working, he could apply back to Court for Variation Order and could end up paying at £1 per month. You could apply for a 3rd Party Debt Order but it again costs £100. I would be more than tempted to see what the Bailiff turns up and possibly settle for the fact he has the CCJ recorded which may make life awkward for the next 6 years. Of course the money you have lost & that paid out will be tax deductible.

[GeorgeFormby]

Re: Applying for a warrant of execution - what next?

I know how you feel. However in the cold light of day if they are not going to cough how much are you prepared to pay. You mention an AoE, do you actually know if they are working, he could apply back to Court for Variation Order and could end up paying at £1 per month. You could apply for a 3rd Party Debt Order but it again costs £100. I would be more than tempted to see what the Bailiff turns up and possibly settle for the fact he has the CCJ recorded which may make life awkward for the next 6 years. Of course the money you have lost & that paid out will be tax deductible.

I know he is working yes and he is Head of Department at a very reputable University in London, I have spoken to him there and to his secretary on a few occasions.

The house he vacated was a 5 bedroom property, they had a full-time nanny looking after their child, BMW on the drive and before this episode we were on extremely good terms which makes the whole episode even more galling, especially as the sum was a mere £37.50!

I'd probably be willing to invest another £100 if the chances of ending the whole episode were weighted in my favour.

[ploddertom]

Re: Applying for a warrant of execution - what next?

I think I would be tempted to make sure the CCB knows about the car as an early morning/late evening visit could produce results - unless the car is on finance.

[GeorgeFormby]

Re: Applying for a warrant of execution - what next?

Received a cheque through the post today from the court for the £162.50!

Happy endings

Many thanks for the input and advice given.