Court action

Richie N · Feb 5, 2008

Hi

Can anyone please advise me of any alternatives to taking court action, other than the County Courts?

We issued a warrrant of execution, it was set aside, we are trying to get a court hearing but the county courts are rubbish.
They constantly lose paperwork, when they do manage to find it or receive copies, the forms are with the judges for 2 weeks and the sense of urgency is appalling.

We went via moneyclaim online, so any alternatives for that are also helpful.
It seems if claims do go to the courts, they can't seem to handle it!

Thanks

An Oasis · Feb 5, 2008

Debt collectors?

Richie N · Feb 5, 2008

An Oasis said:
Debt collectors?

Debt collectors wouldn't be any good.

cheers though

.Spiralling. · Feb 5, 2008

You can always download the forms from HMCS website and then submit them to your local court yourself. That's what we've done int he past and never had a problem with lost paperwork etc - always been very efficient.

Moneyclaim online goes to the bulk centre, so the sheer volume of cases they are dealing with is higher. They have to sort through them all and then transfer them to the local court - easier just to bypass all that if it's one case.

maxine · Feb 5, 2008

Richie01 said:
Debt collectors wouldn't be any good.

cheers though

why wouldnt they be any good?

dave_n · Feb 5, 2008

Richie01 said:
Hi

Can anyone please advise me of any alternatives to taking court action, other than the County Courts?

We issued a warrrant of execution, it was set aside, we are trying to get a court hearing but the county courts are rubbish.
They constantly lose paperwork, when they do manage to find it or receive copies, the forms are with the judges for 2 weeks and the sense of urgency is appalling.

We went via moneyclaim online, so any alternatives for that are also helpful.
It seems if claims do go to the courts, they can't seem to handle it!

Thanks

can't agree with you more...complete shambolic waste of time....don't waste your money on the court system.

Richie N · Feb 5, 2008

.Spiralling. said:
You can always download the forms from HMCS website and then submit them to your local court yourself. That's what we've done int he past and never had a problem with lost paperwork etc - always been very efficient.

Moneyclaim online goes to the bulk centre, so the sheer volume of cases they are dealing with is higher. They have to sort through them all and then transfer them to the local court - easier just to bypass all that if it's one case.

Believe it or not it is the local county court that we have issues with, rather than moneyclaim online.

Richie N · Feb 5, 2008

maxine said:
why wouldnt they be any good?

It is for an invoice that relates to breach of contract.

dave_n · Feb 5, 2008

i can only speak from experience...but I took 2 companies to court won both cases and didn't get a penny.

An appointed court bailiff went to the wrong address.
An appointed court bailiff couldn't show me proof that they actually visited the client.
One bailiff said that no-one was in and that was as far as he could go.

If a company doesn't want to pay you then they simply won't.

Richie N · Feb 5, 2008

dave_n said:
i can only speak from experience...but I took 2 companies to court won both cases and didn't get a penny.

An appointed court bailiff went to the wrong address.
An appointed court bailiff couldn't show me proof that they actually visited the client.
One bailiff said that no-one was in and that was as far as he could go.

If a company doesn't want to pay you then they simply won't.

Am beginning to think they are a waste of time and money.....

dave_n · Feb 5, 2008

you're probably best to emplay a couple of big menacing lads to 'ask' for the money

Moneyline · Feb 5, 2008

Try independant bailiffs. The court ones get a salary. Independant or certified bailiffs get paid on the money they collect.

They are a bit more ruthless

Richie N · Feb 5, 2008

thanks, anyone had experience of the high courts?

Cred-X · Feb 6, 2008

It really depends on the circumstances.
Any appointed representative will only be as good as the circumstances surrounding the debt. If there are assets they can secure against then that can help but you should not always expect the HCEO to do all of the groundwork for you. They are there to act on your instructions. That's why debt recovery can be a time consuming and demanding role when dealing with debtors who will do all they can to avoid having to pay.

Creditors have to remember that the courts, bailiffs etc do not see you as a customer, they are there just doing what they do so don't expect them to perform miracles. Expect the bare minimum.

Feb 6, 2008

My experience of the small claims court/county court has been excellent, and the opposite in every respect to your problems.

I agree that the system may be a little backwards but as they say, you have to work the system.

I think its important to understand that procedure errors made by the court are a very different entity to debtors avoiding bailiffs.

If you have a CCJ you should look at other enforcement means.

Regards.

Richie N · Feb 6, 2008

www.t6c.co.uk said:
My experience of the small claims court/county court has been excellent, and the opposite in every respect to your problems.

I agree that the system may be a little backwards but as they say, you have to work the system.

I think its important to understand that procedure errors made by the court are a very different entity to debtors avoiding bailiffs.

If you have a CCJ you should look at other enforcement means.

Regards.

Thanks, what do you mean other enforcement means? Surely the court baliffs should be sufficient for this?

Feb 6, 2008

Get a charge on the debtors house, and then ask the court to sell it.

Ask to court to force his bank to pay the money direct from his account.

Get an attachments to earnings order ?

And so on.

Feb 6, 2008

Google - enforcement of CCJ for more info.

Bailiffs have never worked too well for me but other enforcement options have.

Richie N · Feb 6, 2008

thanks for that

Printing Deals · Feb 6, 2008

dave_n said:
you're probably best to emplay a couple of big menacing lads to 'ask' for the money

coudn't say more, that really works!!

I have wasted a lot money on county courts, but as someone said already, if they don't want to pay, they won't.

julesh · Feb 7, 2008

dave_n said:
i can only speak from experience...but I took 2 companies to court won both cases and didn't get a penny.

An appointed court bailiff went to the wrong address.
An appointed court bailiff couldn't show me proof that they actually visited the client.
One bailiff said that no-one was in and that was as far as he could go.

If a company doesn't want to pay you then they simply won't.

Court bailiffs are useless. But there are other ways of enforcing a county court judgement. Third party debt orders are particularly useful in my experience.

Court action

.Spiralling.

julesh