Enforcing a CCJ against my landlord

[id330uk]

I would like to know if the debtors cannot pay the fee of the HCEO if the creditor will have to pay it at the end.

 

I would like to know if a warrant of execution has been executed once by the bailiff but has failed to get anything if we can nevertheless transfer it to a HCEO so that he execute it again.

 

I would like to know if a creditor on benefit can ask a remission for the transfer fee and the HCEO fee in the same way as he got a remission fee for the bailiff's fee

[ploddertom]

I would like to know if the debtors cannot pay the fee of the HCEO if the creditor will have to pay it at the end. If the HCEO gets no response or cannot get in touch with the debtor then he may return the Writ to the Judgment Creditor and claim an abortive fee of £60 +VAT which is in the T&C you sign.

 

I would like to know if a warrant of execution has been executed once by the bailiff but has failed to get anything if we can nevertheless transfer it to a HCEO so that he execute it again. The Warrant & Writ are separate entities and are therefore treated differently, basically the answer is yes.

I would like to know if a creditor on benefit can ask a remission for the transfer fee and the HCEO fee in the same way as he got a remission fee for the bailiff's fee - Not absolutely sure on this one but imagine if you submit the forms yourself you can, whereas not if you let the HCEO do it. Best thing is ask the Court, believe the Form you want is N293a

 

PT

[id330uk]

I would like to know if I transfer the file to the HCEO and the bailiff has not yet succeeded to execute the warrant of execution if the bailiff will carry on trying to execute the warrant of execution or the warrant of execution will be cancelled.

 

I would like to know if the HCEO can try to enforce the writ of execution at the same time as the bailiff will try to execute the warrant of execution

[ploddertom]

Don't know what you are trying to establish but ring one of the HCEO companies and ask them. What you do need to remember is that even if you gain a CCJ against someone there is no guarantee you will ever get paid regardless of what enforcement procedures you try. There are some who see evading payment as some for of game or profession.

[id330uk]

What I want to establish is whether or not I can take advantage at the same time of the service of the bailiff and this of the HCEO so that to increase the chance to receive my money

[unclebulgaria67]

What I want to establish is whether or not I can take advantage at the same time of the service of the bailiff and this of the HCEO so that to increase the chance to receive my money

 

You cannot use a bailff and and HCEO at the same time. It is one or the other.

 

As previously advised, speak to an HCEO company about this.

[id330uk]

I would like to know if a county court bailiff has the right to clamp a car in a private land. I would like to know which law deals with this.

[Conniff]

Yes

[id330uk]

I have a problem with the bailiff of my county court because he refuses to clamp the car of my debtor.

 

I have received the following message from the Bailiff Manager

 

"Dear Sir

Please be informed that the information the bailiff has given you is correct.

 

As County Court Bailiffs, we DO NOT have the right or the capability to clamp a defendants car. The Action you have requested the bailiff to take cannot and will not happen.

 

regards"

 

Can you tell me which law deal with this issue because I need to convince the bailiff that he has a duty to execute a warrant of execution by clamping the car of my debtor so that to prevent the debtor from selling it or hiding it.

[tomtubby]

It is a shame that your initial question was so short. I am guessing that you have issued a claim which has remained unpaid and you have then requested a warrant and a County Court bailiff is enforcing the warrant and has informed you that he cannot clamp a car. I am very interested ineed at the explanation that has been provided to you by the Bailiff Manager.

 

Instead of asking people of the forum what the legal position is I would suggest that you email the Bailiff Manager asap and ask HIM to explain the legal basis for HIS claim that "County Court bailiffs DO NOT have the right or capability to clamp a defenant's car".

 

Once you have the response, PLEASE do post back as this is a most interesting statement.

[TB Law]

The court manager is correct with that advice. The bailiff needs to levy on the goods first but the value of the vehicle may be significantly higher than the debt being enfoirced and could amount to excessive levy and this is a form of "abuse of process"

 

Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA

[postggj]

Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA

 

 

does the above case law apply only to county court baliffs or also to the likes of marsden, b&s etx when doing a levy through a liability order for council tax, court fines etc (certificated baliffs)

[tomtubby]

It is clear that you have advised the County Court bailiff to seize a car to satisy a judgment. It would help if you were able to provide details of the car. By this I mean roughly how much it is worth (auction value) and whether the car is on finance etc. Also, do you have proof that the car belongs to the debtor.

 

it would be simply inconceivable for a court bailiff to refuse to seize a vehicle in particualr given, that it would normally be the easiest item to remove. There must be more to this than you have not mentioned.

[TB Law]

@ post #6, yes it applies to anyone who is authorised to levying distress on goods to recover a sum.

[brassnecked]

Has the County Court Bailiff checked DVLA and or done a HPI check and found there is HP on the vehicle?

[TB Law]

No he wouldnt.

[tomtubby]

Brassnecked.

 

All County Court bailiffs check vehicle ownership etc with DVLA. Such DVLA searches are undertaken by a Third Party Company contracted to HMCS.

[TB Law]

Why would he do that when the bailiff has no intention of levying on it?

[brassnecked]

Brassnecked.

 

All County Court bailiffs check vehicle ownership etc with DVLA. Such DVLA searches are undertaken by a Third Party Company contracted to HMCS.

Surely so they don't come unstuck like certificated bailiffs who would levy next doors cat or a doormat if they thought they would get away with it. Obviously from the LGO report into Blaby Council and their bailiffs, it is not the usual MO of these private bailiffs

[ploddertom]

Just because you have a Judgment against someone does not necessarily mean you will actually receive what is owing. It may be that the Warrant of Execution and visit by the County Court was not the correct way to proceed as there are also other options. In rough figures would you care to say how much Judgment was for?

[tomtubby]

TB Law. I am confused by your statement that the County Court bailiff has "no intention" of levying upon the vehicle. How do you know that he has "no intention". It could also be the case that BEFORE levying the bailiff has undertaken a DVLA check. We do not know the facts and until we do, it would be wrong to quess what has happened.

[TB Law]

See post #3

[id330uk]

As requested by tomtubby in 4

 

I have sent an email to the Bailiff Manager to ask him to explain me the legal basis for his claim that he cannot clamp the car.

 

However the Bailiff Manager replies very rarely to my emails and it is very likely he will not reply to me or will take a long time to reply.

 

However time is very important because the debtor can sell the car or hide it. Hence what I need is to be told what is the law which says that the bailiff can clamp the car so that I copy and paste it and send it by email to the Bailiff Manager who would have no choice but to accept it and to clamp the car.

 

The background of this case is the following:

 

I have passed all the information that I have found in the DVLA about this car to the bailiff. According to the age of the car his value should be under the amount of debt so there should not be excessive levy which prevent the clamping of the car

 

By phone the bailiff told me that the law has recently changed and that he cannot anymore clamp cars in private land. I did Internet searches and found out that only private clamping companies cannot clamp anymore cars in private lands but that bailiff can still do this.

 

I found out that the first thing that bailiffs do is to clamp the car of the debtor.

 

I sent an email to the bailiff to tell him this and the Bailiff Manager replied to me by sending an email telling me that I was wrong.

 

By phone the bailiff told me sometime ago that he has done a DVLA check on the car and that he can seize the car but that he cannot tow away the car or clamps it. I do not understand in this circumstance how he can seize this car. I think that the bailiff made reference to an order from the court to seize this car.

 

The bailiff has not yet seized the car and I am getting impatient for the reasons stated in the first paragraph so it is why I need your help

[tomtubby]

What an interesting response.

 

The Bailiff Manager is wrong and he really does need to read the the Protection of Freedoms Act 2012. This exempts bailiffs and allows vehiles to be seized on private land.

[sgtbush]

@ post #6, yes it applies to anyone who is authorised to levying distress on goods to recover a sum.

 

 

we have already had this discussion on excessive