Private Car Park: Vehicle removed and advised its been disposed of **Resolved - payment collected by HCEO**

[dashy-1]

Hi All,

 

Just thought to update you on the case. I have now got a small court judgment in my favour, and hope that they will pay it.

 

In short, after a few email exchanges with them where they confirmed they removed/disposed of the vehicle, I asked them to provide me all the related information – they never did.

 

I have made a request to DVLA to tell me if there were any searches run against my name/vehicle during the period – got a letter advising that nothing was requested/accessed.

 

Sent a letter before action to the company, advising that will be taking them to the small claim court. No response.

 

Took them to small court claims demanding full payment + costs. No response.

 

Court awarded in my favour since they never contested the claim.

 

Waiting for the payment now, but something tells me its not coming. Could anyone advise me on when/how/what should I do after certain period if the they will not pay?

 

Thanks

Dashy

[ericsbrother]

How much was the judgement for? If over £600 you can go for a high court enforcement order and then a HCEO can enforce the debt. They have statutory powers of entry to commercial premises so the company wont be doing much business after that day if they dont pay up. It will cost you a few more pounds (£60 I think) but it costs that to get an ordinary county court bailiff and they have less powers.

[dashy-1]

Thanks for a quick reply! Yes it is over £600.

The claim document states they have 4 weeks to pay before they enter the judgment in to their credit history. Should I wait out for a month, and then got for a high court enforcement order.

 

Just done a quick search on the company house - it seems they have 5 mortgages, 4 of which have charges against them, and one satisfied (Although I am not 100% sure I know what that means) which sounds like they are going down the drain?

 

Dashy

[ericsbrother]

Yup, you have to give them the time to comply. The day after that you get the HC order sorted. You used to be able to do this over the phone but the best bet is to ask the bailiffs office at court, Ring early as poss so you catch someone in and then you will have the necessaries wating on the day after the 4 weeks.

[ploddertom]

You can go for Enforcement at any time - you don't have to wait. You are better off ring a HCEO Co for advice - a reputable one can tell you how everything is done including costs. Transfer cost is £60 but if they are unable to enforce/collect then the abortive fee is £75 +VAT (£90). One thing you have to bear in mind is that the Enforcement Co have to write to them first now giving them time to pay up before a visit is made. Just remember that because you have a Judgment is no guarantee you will get paid.

 

Have a read of the FAQ's @ http://thesheriffsoffice.com/faqs/category/enforcing-a-judgment

[ericsbrother]

there you go, quicker than I thought.

[dashy-1]

Hi All,

 

A quick update:

 

Went to HCE who took it on. I assume they mailed to the defendant, who caved in and responded back to me advising that the full payment is on the way.

 

Thank you all for your support!

[ericsbrother]

power of entry to a commercial business tends to do the trick without actually having to use it.

Glad you got restitution and I bet whoever made the decision will now think twice about how they go about things.

[ploddertom]

That will have been an expensive lesson for someone. Good to hear it is sorted - you usually get a cheque/payment 2-3 weeks after payment is made to HCEO.

[Tony P]

Good news. A credit to your tenacious principles and the advice you received.

 

You no doubt obtained a refund of unexpired insurance. Unexpired 'Road Tax' was included in your claimed amount, but so we don't hear from you on the DVLA thread, don't forget to get yourself off their register as Keeper.

(I may be wrong but a SORN declaration would effectively resolve that and keep you clear as it now runs forever!)