Discussion
If someone lands themselves a county court Judgment, in real terms, in what ways are their lives affected. A higher rate of interest on future applications for credit is all that springs to mind.
And I assume a Ltd Co with a CCJ wouldnt impart any of its "stain" on the director of said company personally.
How long do they generally last, in terms of the negative effect they have and also the length of time in which they stand. And if you have one, can you instruct bailiffs (or anyone else) without a further court appearance?
Im not on the receiving end by the way
And I assume a Ltd Co with a CCJ wouldnt impart any of its "stain" on the director of said company personally.
How long do they generally last, in terms of the negative effect they have and also the length of time in which they stand. And if you have one, can you instruct bailiffs (or anyone else) without a further court appearance?
Im not on the receiving end by the way
If they are paid within 14 days of judgment then they don't affect your credit at all IIRC.
If they are not paid within fourteen days, then the bailiffs can be sent in yes. An application would need to be made to the court.
In this market, I suspect they may have a substantial bearing on your ability to get all kinds of credit, be it a mortgage, mobile phone or even a DFS couch....
A company with CCJs I can't imagine getting a line of credit terribly easily.
If they are not paid within fourteen days, then the bailiffs can be sent in yes. An application would need to be made to the court.
In this market, I suspect they may have a substantial bearing on your ability to get all kinds of credit, be it a mortgage, mobile phone or even a DFS couch....
A company with CCJs I can't imagine getting a line of credit terribly easily.
Jasandjules said:
If they are paid within 14 days of judgment then they don't affect your credit at all IIRC.
If they are not paid within fourteen days, then the bailiffs can be sent in yes. An application would need to be made to the court.
In this market, I suspect they may have a substantial bearing on your ability to get all kinds of credit, be it a mortgage, mobile phone or even a DFS couch....
A company with CCJs I can't imagine getting a line of credit terribly easily.
I'm just doing this very thing with a company that owes me some cash. So far its cost me two forms to fill in and £90 in fees added to the original sum they owe me as the respondent/defendant pays the court fees and the bailiffs are going in within the next three weeks. If they are not paid within fourteen days, then the bailiffs can be sent in yes. An application would need to be made to the court.
In this market, I suspect they may have a substantial bearing on your ability to get all kinds of credit, be it a mortgage, mobile phone or even a DFS couch....
A company with CCJs I can't imagine getting a line of credit terribly easily.
Do you know the Govt runs/ funds a debt advice scheme called Debtline.
For a laugh I phoned them, up and asked for their advice on how to get cash out of someone. It took some time for the bloke on the other end to realise that I was the injured party not an indebted scrote. Needless to say he had no ideas, couldn't even give me the telephone number of a local "Slabber".....
For the uninitiated a "Slabber"is the bloke who drops the paving slab "end on" onto the debtors knees. His two colleagues are called "Holders" for obvious reasons.
Cheers,
Tony
PS Although the directors of a company are not normally personally liable for a company's debts its very difficult to explain to a persistent and agitated creditor how each creditor must be treated equally in law when the company director is woken at 6.00am by the sound of his front door being sledgehammered down and greeted the sight of his subcontracted "factory security team" demanding their monthly payment. It couldn't have happened to a nicer man.
Edited by Tony427 on Thursday 28th February 22:48 reason spelling
Edited by Tony427 on Thursday 28th February 22:51
Depends on the type of CCJ, some will not appear on the register such as court fines, parking fines etc.
Otherwise if you pay within 30 days of getting one then it will not be put on any registers.
It will seriously affect your ability to get credit, in fact you can forget about automatically getting any credit for at least 5 years. As soon as any system sees a CCJ it will generally reject your application, even if paid in full. You will then have to appeal the decision with the company concerned and ask them to review your case, or you will have to seek finance from sub-prime sources (which are drying up these days)
And it's not just loans or finance you will have dificulty with, it's utilities, phone companies, working for banks, security clearances, leasing a property etc.
Otherwise if you pay within 30 days of getting one then it will not be put on any registers.
It will seriously affect your ability to get credit, in fact you can forget about automatically getting any credit for at least 5 years. As soon as any system sees a CCJ it will generally reject your application, even if paid in full. You will then have to appeal the decision with the company concerned and ask them to review your case, or you will have to seek finance from sub-prime sources (which are drying up these days)
And it's not just loans or finance you will have dificulty with, it's utilities, phone companies, working for banks, security clearances, leasing a property etc.
Cheers for the replies
When chasing an individual who does not have a limited company, how does one proceed past the CCJ, directly to bailiffs, if say you have a client who makes a plea that he can only afford £7 a month. Someone once mentioned that anyone could make a plea that they were only able to afford so much per month, and that the judge had no option but to rule that the debtor pay the £7 a month, or whatever ridiculous fee the debtor said he could afford to pay. Just trying to find out what I can enforce, and what courses of defense they might have.
How does this work both in terms of individuals and companies, can one enforce bailiffs, on both companies and small individuals, or do they have an opt out option which they CAN use to ensure they dont see the bailiffs, and pay £7 (or whatever)
I have had plenty of clients over the years who owed small amounts and large amounts, walking away under all manner of circumstances, ie ltd company folded (fair enough, although as a debtor I should have been entitled to liquidation notification rightly) to sole traders folding (quiting, moving on) again, both small and large amounts.
When chasing an individual who does not have a limited company, how does one proceed past the CCJ, directly to bailiffs, if say you have a client who makes a plea that he can only afford £7 a month. Someone once mentioned that anyone could make a plea that they were only able to afford so much per month, and that the judge had no option but to rule that the debtor pay the £7 a month, or whatever ridiculous fee the debtor said he could afford to pay. Just trying to find out what I can enforce, and what courses of defense they might have.
How does this work both in terms of individuals and companies, can one enforce bailiffs, on both companies and small individuals, or do they have an opt out option which they CAN use to ensure they dont see the bailiffs, and pay £7 (or whatever)
I have had plenty of clients over the years who owed small amounts and large amounts, walking away under all manner of circumstances, ie ltd company folded (fair enough, although as a debtor I should have been entitled to liquidation notification rightly) to sole traders folding (quiting, moving on) again, both small and large amounts.
[quote=Tony427]For the uninitiated a "Slabber"is the bloke who drops the paving slab "end on" onto the debtors knees. His two colleagues are called "Holders" for obvious reasons.
Tony, what school of hard knocks did you attend to get this terminology? If you drop a paving slab onto someone's knees you will bruise them, reason being end on will just break the paving slab and "holders"? You must be the brains of the outfit then? Holders being the person's who heriocally hold said debtors down. Sounds a bit complicated to me Tony, sounds like it would be easier to convey other ways of getting your money back. People with no knee's don't tend to become very credit worthy suddenly.
Tony, what school of hard knocks did you attend to get this terminology? If you drop a paving slab onto someone's knees you will bruise them, reason being end on will just break the paving slab and "holders"? You must be the brains of the outfit then? Holders being the person's who heriocally hold said debtors down. Sounds a bit complicated to me Tony, sounds like it would be easier to convey other ways of getting your money back. People with no knee's don't tend to become very credit worthy suddenly.
Edited by Romanymagic on Friday 29th February 00:14
Buster Bakdorzin said:
When chasing an individual who does not have a limited company, how does one proceed past the CCJ, directly to bailiffs, if say you have a client who makes a plea that he can only afford £7 a month. Someone once mentioned that anyone could make a plea that they were only able to afford so much per month, and that the judge had no option but to rule that the debtor pay the £7 a month, or whatever ridiculous fee the debtor said he could afford to pay.
The court can't compel you to accept payment by instalments. The debtor can admit the claim and offer to do so, but you're not obliged to accept the offer.If you don't, you can enforce the judgment by sending in the (frankly hopeless) court bailiffs, getting an attachment of earnings order to stop money at source if they're employed, get a Third Part Debt order to freeze the contents of a bank account if you know their account details or obtain a Charging Order if they own land.
Or just petition to have them made insolvent, if the judgment is for £750 or more.
Lurking Lawyer said:
The court can't compel you to accept payment by instalments. The debtor can admit the claim and offer to do so, but you're not obliged to accept the offer.
I'm sure I've heard of cases where debtors have been taken to court and because of their situation the court has pretty much ordered the creditor to accept the payments being made, even in cases where it is just a token payment (£1 a month sort of thing)Mortgage repo cases, maybe. But different rules apply to them.
In "run of the mill" county court litigation, it is no business of the court to dictate to a claimant that they have to accept instalment payments rather than be allowed to pursue one of the other enforcement remedies I mentioned above.
In "run of the mill" county court litigation, it is no business of the court to dictate to a claimant that they have to accept instalment payments rather than be allowed to pursue one of the other enforcement remedies I mentioned above.
Lurking Lawyer said:
Mortgage repo cases, maybe. But different rules apply to them.
In "run of the mill" county court litigation, it is no business of the court to dictate to a claimant that they have to accept instalment payments rather than be allowed to pursue one of the other enforcement remedies I mentioned above.
Now that makes more sense In "run of the mill" county court litigation, it is no business of the court to dictate to a claimant that they have to accept instalment payments rather than be allowed to pursue one of the other enforcement remedies I mentioned above.
What sort of fee is added for court bailiffs, and why are they s
te?Why are they ste? Just because they're generally unmotivated and hopeless.
By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
te? Just because they're generally unmotivated and hopeless.By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
Lurking Lawyer said:
Why are they ste? Just because they're generally unmotivated and hopeless.
By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
Cheers. YHM te? Just because they're generally unmotivated and hopeless.By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
Lurking Lawyer said:
Why are they ste? Just because they're generally unmotivated and hopeless.
By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
Why can't you use private bailiffs? (or are they just contracted to the courts anyway?)te? Just because they're generally unmotivated and hopeless.By way of example, a colleague of mine had one case where they repeatedly attended at a debtor's house during the day, despite being told again and again by him that the debtor would be at work, and would they instead try in an evening....
Not sure what they charge each time they attend - it's been a while since I bothered to try to use them. From vague memory, a couple of hundred quid on each occasion. It gets added to the judgment debt - but that's not much help if they're not actually doing anything to enforce it.
(I'm doing a disservice to some of them, I know. Some of them do actually give a toss and do a good job. They just seem to be few and far between in my experience).
You can always transfer a CCJ to the High Court for enforcement purposes. High Court Sheriff's officers are often more effective....
I don't use bailiffs very often so, to be honest, I'm not that clued up about them. However, I THINK that county court bailiffs are civil servants, employed by the Court Service.
High Court Sheriff's officers, on the other hand, usually tend to be private contractors, I think. That might explain why they're more efficient.
You may very well be entitled to use your own private contractors to enforce a CCJ - I don't know. It's not something I've ever come across in my own practice.
High Court Sheriff's officers, on the other hand, usually tend to be private contractors, I think. That might explain why they're more efficient.
You may very well be entitled to use your own private contractors to enforce a CCJ - I don't know. It's not something I've ever come across in my own practice.
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