High Court Enforcement Agent Recommendations Please
High Court Enforcement Agent Recommendations Please
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Discussion

Posh Porsche

Original Poster:

431 posts

248 months

Wednesday 10th August 2022
quotequote all
I am having to go through the courts to recover some money that my gardener conned me out of.

He persuaded me to pay him up front for work, so that he could buy himself a van, then didn't turn up. When I asked him to return my money he just got nasty and abusive and kept sending me abusive texts and laughing face emojis.

His take is that because I live in a large house in a nice area, I can afford to lose the money. Truth is very different, it's been a struggle to maintain on my own for many years since losing my husband.

The court judgement ruled in my favour and ordered him to return the money... he hasn't. I have just spoken with HM Courts and Tribunal Service and they advised that I contact a High Court Enforcement Agent to take it further.

Any recommendations or helpful advice from anyone with a similar experience will be very gratefully received.

Thank you in advance

Lord Pork

79 posts

50 months

Wednesday 10th August 2022
quotequote all

I too have had to resort to this, I wish you well.

My experience has been tiresome, lengthy and largely unsuccessful.

Despite what politicians may grandstand and tell one and all how their "cracking down on crime" etc the reality is even to get what the Court has adjudged you should be paid, getting it is a nightmare.

Depending on the sum, the larger the amount the greater the interest by a 3rd party collection agency, then you could be on for a long wait.

Whilst many have watched "Can't pay, we'll take it away" again the reality is this is only possibly were the debtor to open their door, most don't, probably thanks to the program highlighting the fact. Secondly, your location may also be a hindrance, ie, located on the coast in a small town, a "long way from anywhere" may dissuade collection agencies.

Once armed with a CCJ you should expect the Court to progress via Bailiffs - if this has been done and you chose to go through a collection agency then there are plenty to chose from via the web.

Finally, every town will have local people ( I can't say the type but I guess you'll have a hunch ) who will happily buy your debt and progress the collection themselves. You may not wish to be a party to such shenanigans, but they are there. I know of companies that use them.

Sadly, from your post, it seems highly likely that your debtor is possibly from such a fraternity, in which case it could be a lost cause.

Good luck, your going to need it....

PS
Mine has taken 3 years, unresolved, chased him around the country, know where he lives, laughs at the Bailiffs.
In short, whilst you may have a CCJ you'll struggle to get "justice"

Ean218

2,041 posts

279 months

Wednesday 10th August 2022
quotequote all
We have used The Sheriffs Office for years, I think they have only failed to reccover anything for us a couple of times. They even got complete repayment from a fellow who'd skipped to Australia.

https://www.thesheriffsoffice.com/

There is a process you need to go through to upgrade a CCJ to the High Court, as long as the debt is > £600, but they will handle that for you.

richardxjr

7,561 posts

239 months

Wednesday 10th August 2022
quotequote all
Sorry to hear.

If he's got no tangible assets (that aren't hidden) then you'll be throwing good money after bad I'm afraid.


LeoSayer

7,815 posts

273 months

Wednesday 10th August 2022
quotequote all
richardxjr said:
If he's got no tangible assets (that aren't hidden) then you'll be throwing good money after bad I'm afraid.
Don't enforcement agents work on a no-win no-fee basis?

And even then, their fee would be recovered from the debtor.

Posh Porsche

Original Poster:

431 posts

248 months

Wednesday 10th August 2022
quotequote all
Lord Pork said:
I too have had to resort to this, I wish you well.

My experience has been tiresome, lengthy and largely unsuccessful.

Despite what politicians may grandstand and tell one and all how their "cracking down on crime" etc the reality is even to get what the Court has adjudged you should be paid, getting it is a nightmare.

Depending on the sum, the larger the amount the greater the interest by a 3rd party collection agency, then you could be on for a long wait.

Whilst many have watched "Can't pay, we'll take it away" again the reality is this is only possibly were the debtor to open their door, most don't, probably thanks to the program highlighting the fact. Secondly, your location may also be a hindrance, ie, located on the coast in a small town, a "long way from anywhere" may dissuade collection agencies.

Once armed with a CCJ you should expect the Court to progress via Bailiffs - if this has been done and you chose to go through a collection agency then there are plenty to chose from via the web.

Finally, every town will have local people ( I can't say the type but I guess you'll have a hunch ) who will happily buy your debt and progress the collection themselves. You may not wish to be a party to such shenanigans, but they are there. I know of companies that use them.

Sadly, from your post, it seems highly likely that your debtor is possibly from such a fraternity, in which case it could be a lost cause.

Good luck, your going to need it....

PS
Mine has taken 3 years, unresolved, chased him around the country, know where he lives, laughs at the Bailiffs.
In short, whilst you may have a CCJ you'll struggle to get "justice"
So sorry to hear this and thank you for your input, it's very helpful... I am going to pursue him until the money is returned, it's basically a blatant theft of my money.

Posh Porsche

Original Poster:

431 posts

248 months

Wednesday 10th August 2022
quotequote all
Ean218 said:
We have used The Sheriffs Office for years, I think they have only failed to reccover anything for us a couple of times. They even got complete repayment from a fellow who'd skipped to Australia.

https://www.thesheriffsoffice.com/

There is a process you need to go through to upgrade a CCJ to the High Court, as long as the debt is > £600, but they will handle that for you.
Thank you so much for this, I will give them a call

Posh Porsche

Original Poster:

431 posts

248 months

Friday 12th August 2022
quotequote all
Thank you everyone for your input. I contacted The Sheriff's Office and have instructed them to go ahead and transfer up to the High Court. So hopefully, I will get my money back. Thank you again so much.

I know I can always rely on fellow PHers for sensible help and advice.

Simpo Two

92,704 posts

294 months

Friday 12th August 2022
quotequote all
Lord Pork said:
Once armed with a CCJ you should expect the Court to progress via Bailiffs - if this has been done and you chose to go through a collection agency then there are plenty to chose from via the web...

Mine has taken 3 years, unresolved, chased him around the country, know where he lives, laughs at the Bailiffs.
In short, whilst you may have a CCJ you'll struggle to get "justice"
That's because you're using the wrong level of bailiff. County Court options are rubbish, you have to go High Court. My debtor (who used a false name to try to shake them off) ended up screaming on the bonnet of her car as it was towed away to auction, police watching. Fabulous. I got the money plus all costs.

FishAndChips

642 posts

98 months

Friday 12th August 2022
quotequote all
richardxjr said:
Sorry to hear.

If he's got no tangible assets (that aren't hidden) then you'll be throwing good money after bad I'm afraid.
He bought a van with the stolen cash, no?

Sorry to hear OP, these people are absolutely scum and deserve all they get. Good luck getting your money back, and keep us posted.

bearman68

4,929 posts

161 months

Friday 12th August 2022
quotequote all
I run a 'lease a shed' company.

I have outstanding debts from 5 or 6 different customers totaling about 12k. The worst is a contract 'gang master' who advertises on Facebook. He owes me about 7k.
I have a CCJ against him.
I have a high court writ against him.
I have employed high court bailiffs against him.

The bailiffs are a waste of time. They knock politely on the door, and if no-one answers they go home again, where what they should be doing is knocking the bloody door down to get in.

There is no real justice in the country for small scale debt.
I'm sorry to say you have waved goodbye to your money, and chasing further is throwing good money after bad.

I wish you the best of luck, but you are on a fools errand, and an expensive one at that.


NMNeil

5,860 posts

79 months

Friday 12th August 2022
quotequote all
Seems you have alternative options.
https://www.gov.uk/options-if-youre-owed-money
And we call them wage garnishments, but you call them "attachment of earnings order"
Don't know about the UK but here garnishments are also attached to welfare payments.
https://www.gov.uk/debt-deductions-from-employee-p...

Simpo Two

92,704 posts

294 months

Friday 12th August 2022
quotequote all
NMNeil said:
Seems you have alternative options.
https://www.gov.uk/options-if-youre-owed-money
And we call them wage garnishments, but you call them "attachment of earnings order"
Don't know about the UK but here garnishments are also attached to welfare payments.
https://www.gov.uk/debt-deductions-from-employee-p...
Those are the traditional County Court options, sadly little use against a determined non-payer. Attachment of earnings for a self-employed gardener? 'But m'lud, I have only earned £1.50 this year'.

Escalating to High Court is not expensive. Whilst nothing is guaranteed, it's well worth the punt. You have to make it harder for the debtor not to pay than to pay.