MCOL Debtor wouldn't answer door, what next?
MCOL Debtor wouldn't answer door, what next?
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gobuddygo

Original Poster:

1,536 posts

215 months

Monday 9th April 2018
quotequote all

I had a problem with some work a builder did on our house, he refused to come back and rectify the faults, I hired another builder and it cost £570 to sort out the original work.

I made a claim with Money Claim online for £630 including court fees i won this by default as the Defendant refused any contact on 22/11/2016.

I have so far issued 3 warrants as the bailiffs have not yet manged to serve the warrant on the debtor.

The last warrant was not served and the reason given was - "Believed to have been on the premises when visited but did not answer the door".

Claim History on MCOL states - "The final return (result) for your warrant ******* against Mr ******* ******** was received on 26/03/2018"

Is that it then? I cant take this any further? If i can it seems a waste of time and money (£77 a time) to keep issuing warrants any advice would be appreciated.


The Rookie

286 posts

227 months

Monday 9th April 2018
quotequote all
As its over £600 you should have taken it to the high court and used HCEO (sheriffs) they tend to be more proactive.

Willhire89

1,466 posts

235 months

Monday 9th April 2018
quotequote all
Absolutely no point in pursuing any debt with County Court bailiffs as they have no power - unless it is below the threshold the obvious route is escalate via High Court - they will get your money


gobuddygo

Original Poster:

1,536 posts

215 months

Monday 9th April 2018
quotequote all

Willhire89 said:
Absolutely no point in pursuing any debt with County Court bailiffs as they have no power - unless it is below the threshold the obvious route is escalate via High Court - they will get your money
OK thanks, didn't know you could do that a quick google throws up this - https://www.hceoa.org.uk/faqs/do-you-need-the-serv...

Thanks to The Rookie too :-)

xxChrisxx

538 posts

151 months

Monday 9th April 2018
quotequote all
Don't Channel 5 have a highly informative public information show on matters such as this....

The Rookie

286 posts

227 months

Monday 9th April 2018
quotequote all
And BBC1 (who got there first).....

Mojooo

13,291 posts

210 months

Monday 9th April 2018
quotequote all
It still won't make any difference if they don't answer the door though....

The Rookie

286 posts

227 months

Monday 9th April 2018
quotequote all
Mojooo said:
It still won't make any difference if they don't answer the door though....
As above, they tend to be a bit more pro-active, such as clamping vehicles, or entering the property (without forced entry) than bailiffs.

FiF

48,796 posts

281 months

Monday 9th April 2018
quotequote all
Plus if it's a business as opposed to a private debtor the HCEO have a right to make a forced entry. Obviously you have to have the details correct as to who is the debtor, ie person and business / business address.

daveinhampshire

531 posts

156 months

Monday 9th April 2018
quotequote all
Clamping is by far the most effective, at the very least it'll do is get them out with and angle grinder.

Mojooo

13,291 posts

210 months

Monday 9th April 2018
quotequote all
Anyone know how many times HCEO will go back for a debt?

I know from watching TV when they arrive and no one is in they leave a notice and then they show us the return and sometimes they visit and say they will come back if no payment is made but presumably even they call it day if it is clear no money is coming as it is costing them time (understand the person only pays a fixed fee to the HCEO)

kestral

2,247 posts

237 months

Wednesday 11th April 2018
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Does he own his own house? if he does do you know the address? Do you have any of his bank details even just the bank he uses. If so there are methods you can take to recover by having that information.

gobuddygo

Original Poster:

1,536 posts

215 months

Wednesday 11th April 2018
quotequote all
kestral said:
Does he own his own house? if he does do you know the address? Do you have any of his bank details even just the bank he uses. If so there are methods you can take to recover by having that information.
He rents and i know the address, otherwise the bailiffs would not have attempted to recover, i have his account No. and sort code but no idea how that can help.

S11Steve

6,389 posts

214 months

Wednesday 11th April 2018
quotequote all
gobuddygo said:
kestral said:
Does he own his own house? if he does do you know the address? Do you have any of his bank details even just the bank he uses. If so there are methods you can take to recover by having that information.
He rents and i know the address, otherwise the bailiffs would not have attempted to recover, i have his account No. and sort code but no idea how that can help.
Third Party Debtor order - https://www.moneyclaimsuk.co.uk/third-party-debt-o...

It's only useful if they have a balance in the account though.





Willhire89

1,466 posts

235 months

Wednesday 11th April 2018
quotequote all
Let the HC company do the work

When I needed them it all came as a bundle - they applied for the HC for escalation using my CC ref then (after a bit of a delay due to HC backlog) handed it on for collection

There is a cooling off period in case they go for bankruptcy after collection of seven days IIRC then you get the money

Mine was obtained first visit - I think we can be assured they know what they are doing and don't take any crap

CAPP0

20,878 posts

233 months

Wednesday 11th April 2018
quotequote all
I paid CC bailiffs to recover a (sub-£600) debt, after judgement was made in my favour, they attended the premises a couple of times and said the defendant wasn't there. I know for a fact that he was at the business 7 days a week every week, I suspect he just said "that's not me, the man you want isn't here" and they went away. I challenged, I gave a description, I even tried the tack of saying that THEY had fraudulently taken my money (£100 extra for a bailiff warrant iirc) but they never went back and I never saw my money. Which court can you take a court to?

Willhire89

1,466 posts

235 months

Wednesday 11th April 2018
quotequote all

gobuddygo

Original Poster:

1,536 posts

215 months

Wednesday 11th April 2018
quotequote all
Willhire89 said:
I've already sent the details to a local HCEO thanks for all the info.

CAPP0

20,878 posts

233 months

Wednesday 11th April 2018
quotequote all
You could also try to contact Bayleaf on here, he may be able to help.

gobuddygo

Original Poster:

1,536 posts

215 months

Wednesday 11th April 2018
quotequote all

That was easy, filled a form in online, sent them a copy of the judgement and paid the £66 court fee job jobbed cool