County Court Bailiffs abilities

County Court Bailiffs abilities

Author
Discussion

drew.h

Original Poster:

526 posts

188 months

Tuesday 21st October 2014
quotequote all
I have a CCJ and warrant against a car dealership, which is a limited company. The bailiff has been a bit negative at recovering this debt. When I mentioned removing goods the reply was he probably doesn't own them, they are likely to be on finance, we can't take goods off a limited company, tow trucks would cost, you'd have to pay auction fees, you'd need to pay an indemnity.

First, to clarify, can the bailiff remove goods from a limited company?
If goods were removed, e.g., cars with tow trucks, would I need to pay for this upfront or should the cost be added to the dept and recovered from the sale of the goods?

Before I kick up a fuss with the bailiff I need to know what they should be doing on my behalf.

JustinP1

13,330 posts

229 months

Tuesday 21st October 2014
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Is the debt more than (IIRC) £600?

If so, a High Court writ is £60. The Sheriffs get it for you. Their costs get added to the debt.

They can take stuff, and have a lot more powers than the county court ones. They are self employed and are only paid from successful enforcement so they have rather more gumption...!

drew.h

Original Poster:

526 posts

188 months

Tuesday 21st October 2014
quotequote all
Thats what the TV shows have you believe, but I have found occasions they don't bother collecting and pay the claimant a visit for £240 +fees.

Honestly, I'm beginning to trust no fecker. Even trading standards are fecking useless these days.

JustinP1

13,330 posts

229 months

Tuesday 21st October 2014
quotequote all
drew.h said:
Thats what the TV shows have you believe, but I have found occasions they don't bother collecting and pay the claimant a visit for £240 +fees.

Honestly, I'm beginning to trust no fecker. Even trading standards are fecking useless these days.
No, I've used them. And have other direct reports of the same.

There was legislation that came into force in April. I believe the maximum charge for a visit which was fruitless is £70.

The County Court bailiffs are useless in comparison.

There's a PHer who I assisted a few years back get paid who was so happy he emailed me the bailiffs report of how they put the debtors car on a low-loader at 6am, and they had cash payment in full by the time they had to go to work.

ETA - if your two threads are linked - the first thing they will seize will be the vehicle in your possession surely?

MatrixXXx

653 posts

151 months

Tuesday 21st October 2014
quotequote all
the cc sheriffs are the way to go, if its a limited company and on trade premises they can break in if they want to .

drew.h

Original Poster:

526 posts

188 months

Tuesday 21st October 2014
quotequote all
JustinP1 said:
ETA - if your two threads are linked - the first thing they will seize will be the vehicle in your possession surely?
I'd have thought the court bailiff could have done that, but hasn't. She has now gone on holiday. Looks like I need to find £60 from somewhere.

anonymous-user

53 months

Tuesday 21st October 2014
quotequote all
Or use the vehicle to defray some at least of the judgment, without paying bailiff fees. See your other thread. Perhaps the two threads can be merged.

JustinP1

13,330 posts

229 months

Tuesday 21st October 2014
quotequote all
drew.h said:
JustinP1 said:
ETA - if your two threads are linked - the first thing they will seize will be the vehicle in your possession surely?
I'd have thought the court bailiff could have done that, but hasn't. She has now gone on holiday. Looks like I need to find £60 from somewhere.
Hence the difference in motivation of someone in the public sector and someone self-employed with no salary who works on commission for success.... wink

I used The Sheriffs Office.

They were exemplary, from spending a while on the phone with a real person explaining the procedures, and how easy the process was. They have solicitors on a retainer who do the High Court work for free. You just pay the £60 court cost with a cheque.

The process takes three weeks, then they send the debtor a letter. 7 days later IIRC then the they are free to take stuff.

In terms of communications, of which I have had many, they send emails, I respond, an acknowledgment is replied with within seconds, and a human respondent gets back to you within 10-15 minutes. I think a few responses were within 3 minutes.

drew.h

Original Poster:

526 posts

188 months

Tuesday 21st October 2014
quotequote all
I wanted to keep the two threads separate. Its is easy for them to get to a "use the sheriffs" point, but I wanted to review other options first, like how to get the bailiffs to do their job after I paid the court £70.

robinessex

11,046 posts

180 months

Tuesday 21st October 2014
quotequote all
On the opposite side of the fence, High Court Sheriffs are a thieving load of bds. They submit totally excessive charges to what they are supposed to, if you pay up the outstanding debt, and their standard published fees, they’ll still turn up demanding these totally fictitious charges, and aren't adverse to offering a very threatening manner and outright bullying to defenceless females to get them.

PIGINAWIG

2,339 posts

164 months

Tuesday 21st October 2014
quotequote all
robinessex said:
On the opposite side of the fence, High Court Sheriffs are a thieving load of bds. They submit totally excessive charges to what they are supposed to, if you pay up the outstanding debt, and their standard published fees, they’ll still turn up demanding these totally fictitious charges, and aren't adverse to offering a very threatening manner and outright bullying to defenceless females to get them.
Perhaps 'she' shouldn't have let her debts escalate. Still, its always someone else's fault.

robinessex

11,046 posts

180 months

Tuesday 21st October 2014
quotequote all
PIGINAWIG said:
robinessex said:
On the opposite side of the fence, High Court Sheriffs are a thieving load of bds. They submit totally excessive charges to what they are supposed to, if you pay up the outstanding debt, and their standard published fees, they’ll still turn up demanding these totally fictitious charges, and aren't adverse to offering a very threatening manner and outright bullying to defenceless females to get them.
Perhaps 'she' shouldn't have let her debts escalate. Still, its always someone else's fault.
Before you jump to spouting complete bks, you know what you're talking about. No mention was made in my post as to what the circumstances of the bailiffs visit was. It's not relevent to the point I was making.

PIGINAWIG

2,339 posts

164 months

Tuesday 21st October 2014
quotequote all
The 'point' you were making is that HCEO's are thieving bds. Excellent, sweeping generalisation. I'm sure your contribution is appreciated and has put the fear of God amongst the debt collecting community.

robinessex

11,046 posts

180 months

Tuesday 21st October 2014
quotequote all
I settled the Bailiffs charges as per their published fees. He then turned up a month or so later, forced entry by barging the front door open, pushing the person who'd opened the door out of the way. He then demanded an additional fee of £1315, and claimed he was going to remove all the furniture which he's not allowed to take. He also grabbed wifes hand, which she has arthritis in, and caused her considerable pain. I have his details. I was 500 miles away at the time. I've got his name and details. I'm patient. My time will come.

dav123a

1,220 posts

158 months

Tuesday 21st October 2014
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And when your time arrives what are you planning on doing ?

MrPicky

1,233 posts

266 months

Wednesday 22nd October 2014
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He might wait until the bailiff gets arthritis then grab his hand roughly.