Do HCEO have any powers without a CCJ?

[bizzybob]

Re: Do HCEO have any powers without a CCJ?

They also seem to have some curious notions about zoology.

Rattus Norvegicus may be a better avatar for them.

[seduraed]

Re: Do HCEO have any powers without a CCJ?

actually they do turn up in forest. http://news.mongabay.com/2012/0813-h...-ethiopia.html nevern jungle as that's an indian word

[Eloise01]

Re: Do HCEO have any powers without a CCJ?

I realise that this may not be a popular opinion with everyone, especially not the OP, but HCEO's are not "the bad guys". They enforce the rulings of the courts and a jolly good job someone does. I am relatively confident that few employers would willing pay up the tribunal awards of employees if they had no fear of the consequences. In many ways it is still too easy for some employers to get away with not paying up. It's easy for a one man band or such like to fold his company and suddenly appear as a totally new company they can't touch. That's much harder for larger employers who aren't going to fold their entire company just to get out of a tribunal award. But few go with the line "fair cop guv" and pay up cheerfully. Many pay up - the majority - because the alternative isn't palatable. And some have to be "persuaded". So fine, this time the boot is on the other foot. Well that is the risk you take - if you play with matches you might get burned. If your sole experience of "enforcement" is the antics of bailiffs and DCA's then I can appreciate that the viewpoint may be somewhat jaundiced. But if you have ever been unfairly dismissed, discriminated against, or whatever, and it's you that the money is owed to, then there is another viewpoint!

[Inca]

Re: Do HCEO have any powers without a CCJ?

If I'm totally honest then yes I wouldn't hesitate to use the services available to me to get money I was rightly owed.

[TLOR]

Re: Do HCEO have any powers without a CCJ?

Be wary where you get advice from. CAB will know next to nothing about this. The majority of Solicitors know what the HCEO is but very few know how they work and have come unstuck on many occasions. If they decide to engage a HCEO then you will get no fore warning a visit is coming until such time as they knock on the door & don't forget your Creditor could give the HCEO details of all your addresses where you may be possibly found or where assets are.

The HCEO can force immediate entry to commercial premises but this does not extend to residential although if you have detached buildings - garage, workshop etc then they are at risk. If your properties are tenanted it will be for the tenant to prove they are not the debtor. A lot may depend upon the sum being collected or information the Creditor has passed over.

Thanks for your considered response plodder, I knew there was a reason I came here, much appreciated! I will consider your comments along with all the professional advice carefully.

[CleverClogs]

Re: Do HCEO have any powers without a CCJ?

I knew there was a reason I came here

Other than to provide harmless amusement?

[CleverClogs]

Re: Do HCEO have any powers without a CCJ?

I realise that this may not be a popular opinion with everyone, especially not the OP,

Why worry about him?

but HCEO's are not "the bad guys".

Maybe not, but they do charge enormous fees for what they do.

They enforce the rulings of the courts and a jolly good job someone does.

So would a third party debt order, either served on the bank used by a debtor company or on one of its main customers. That means should also be faster and there would appear to be less risk of enforcement action being attempted at the wrong address.

In many ways it is still too easy for some employers to get away with not paying up. It's easy for a one man band or such like to fold his company and suddenly appear as a totally new company they can't touch.

So how could a HCEO enforce a judgement in those circumstances?

That's much harder for larger employers who aren't going to fold their entire company just to get out of a tribunal award.

There should be at least one way round it - fatta la legge, trovato l'inganno!

Many pay up - the majority - because the alternative isn't palatable. And some have to be "persuaded".

If it were still possible to commit a judgement debtor to the Marshalsea, would you do that? If you wouldn't, why wouldn't you?

If your sole experience of "enforcement" is the antics of bailiffs and DCA's then I can appreciate that the viewpoint may be somewhat jaundiced. But if you have ever been unfairly dismissed, discriminated against, or whatever, and it's you to whom the money is owed, then there is another viewpoint!

I have no personal experience of bailiffs or High Court Enforcement Officers; I do recall that bailiffs were singularly inefficient in recovering even a portion of the debt owed (to my parents) by a delinquent tenant.