CCJ issued now papers returned 'not known at address' more than a month later - what can be done?

[jc1234]

A claim form was issued against a tenant who defaulted on their rent on 21 March 2013, judgement was issued 11 April.

 

The address used was the tenant's parents' address as this is where the tenant claimed to be living.

 

A warrant was issued 30 April.

 

All of a sudden, after no communication to the courts, the paperwork has been returned as 'not known at address'.

 

This address is definitely the address of the parents, verified by Facebook links and peoplefinder,

also the fact that the surname is not too common, nor the spelling of the mother's first name.

 

I should be grateful for any pointers, advice or opinions prior to contacting the courts.

 

Thank you in advance.

[citizenB]

I am just going to ask if your thread should be in a different forum for maximum exposure..

[Andyorch]

Thread moved to Legal Forum

[jc1234]

I have a CCJ against a person who failed to pay rent.

 

This person advised verbally and in a text message that they were going to stay with their parents

and that they intended to pay the debt.

 

No effort was made to pay the debt at all, not even in installments.

 

As such, the address of the parents was duly found and used for the CCJ.

Nothing was heard.

 

A warrant was applied for and granted and suddenly as soon as this was received,

the original paperwork was returned to the court as 'not known at this address'.

 

At this point, a visit was made to the address to confirm that this was indeed the address of the parents.

This was explained to the court who said judgement was valid and to continue with the warrant.

The bailiffs have visited several times but to no avail, they are apparently prioritising evictions.

I have provided detailed information in respect of vehicle, registration number, also where this individual will be at certain times.

 

My concern is that I cannot get a detailed information from the bailiffs,

just that they have visited the property and will be going back in 3 weeks.

 

I should be grateful for any insight into anything I can do to help enforce this warrant.

 

This is a person who doesn't believe in paying debts and it is now a matter of principle.

 

Thank you in advance.

[sequenci]

How much is the debt for?

You could either:

A) Transfer up to the High Court (If the debt is for more than £600)

B) Try for an Attachement of Earnings (should they be working)

C) Send a Statutory Demand for bankruptcy to see if that spooks them.

[HCEOs]

Most of the larger HCEOs have tracing departments within them and will run a trace for you either very cheaply or for free.

[jc1234]

Thank you for your replies. After much research I feel that transferring to the High Court is the way to go. The debt is for £1,250.00 so qualifies. The person who owes the money is 'self employed' so an Attachment of Earnings order probably wouldn't work. I am hopeful the the High Court bailiffs will be a little more pro-active than the County Court ones. I am surprised that no check has been made with DVLA as to the registered address of the vehicle. I feel the County Court bailiffs like evictions too much to put too much effort into this particular case.

[HCEOs]

When instructing an HCEO please ensure you give them as much information as possible, especially the details of vehicles the debtor may own/drive.

 

Good luck with your case.

[wonkeydonkey]

I agree the route is with HCEO ..please be careful in your choice when instructing the same and remember not all are as good as they want you believe they are, ask around...I did and found my choice served me well.

 

WD

[jc1234]

Thank you all. I have spoken to the Bailiffs' Clerk at the court where the warrant was issued who has advised me to submit the N293A to Northampton as that was where judgement was issued. How do I go about choosing the appropriate HCEO please. I am looking for someone with dogged determination that will actually confront this person at a particular time and place that it is confirmed they will be at.

[wonkeydonkey]

Thank you all. I have spoken to the Bailiffs' Clerk at the court where the warrant was issued who has advised me to submit the N293A to Northampton as that was where judgement was issued. How do I go about choosing the appropriate HCEO please. I am looking for someone with dogged determination that will actually confront this person at a particular time and place that it is confirmed they will be at.

 

I cannot suugest on forum who you could give consideration to usingby way of my personal experiences so I will send you a PM with just a few pointers to the way it went for me and others I know of.

[HCEOs]

I am looking for someone with dogged determination that will actually confront this person at a particular time and place that it is confirmed they will be at.

 

I must advise that this is sometimes difficult for several reasons. You must remember the HCEO is looking for assets to seize to force the payment required. Confronting a debtor as you suggest may not be wise unless it is at the address where they reside. Attending other places where the debtor may be (at work or at a pub for example) is really not ideal and you could end up with a claim for trespass for instructing them to go there.

 

However, each case is taken on it's merits so make sure you give the HCEO as much information as possible about the debtor.

[jc1234]

wonkeydonkey, thank you for your PM, I have tried to reply but the message won't send unfortunately!