Best & Quickest method to collect monies after

[imbigboned]

Afternoon

I have just obtained a CCJ by default on a breach of contract matter, and the judgement debt is for a shade over £3k.

I cannot understand why the defendant hasnt responded to the claim, (paperwork delivered by hand so no confusion there...) but hey, if he didnt want to defend it, thats down to him.

The creditor has the money, and I want to collect the judgement as quickly as possible, and I believe that there are a number of options available to me:

1. Warrant of Execution. - I've discounted this, as the powers that the County Court Bailiff do not hold much of a fear factor, and it can take up to 8 weeks for them to even get their preverbials into gear.

2. Move the judgement into the High Court and get a High Court Execution Officer to collect the debt. - I understand that it takes about 3 weeks to get a visit undertaken, once the warrant of execution is granted.

3. Private debt collector enforcement - I'm not too sure about this avenue. Does anyone have any advice/experiences by going down this road?

My aim is to get the payment as quickly as possible, before he decides to challenge and make a futile attempt to get the judgement set aside, which would only further delay the collection process.

Would appreciate some thoughts.

Thanks.

 

[Charlie B ACS]

From the list above, your quickest & best chance to recover is HCEO.

If you get the judgement sealed yourself at the County Court the judgement was issued at, it can considerably speed up the HCEO process.

 

[imbigboned]

Hi Charlie

Thanks.

The default judgement was done via MCOL.

If I go down the HCEO route, do you know how long it takes to get the judgement moved to the High Court, and then HCEO action. I am led to believe its about 3-4 weeks, but am having serious doubts about this timescale.

I sent a 14 day letter yesterday requesting payment, so between now and then, indeed to figure out how the application works.

The other option is that I have a debt collector ready to go and demand payment, on a no win no fee basis, but am not too sure of this course of action.

 

[iJustice]

Third Party Debt Order

If you know who they bank with then this Order allows you to apply to a third party (typically their bank) to obtain monies belonging to the defendant. The court will decide if money from the account can be used to pay the debt in which case the Court can freeze money in a person’s bank or building society account or in a business account.

 

[simon field]

Are they local to you?

I ask because you'd have nothing to lose by turning up and asking for payment yourself before you go down any other route.

 

[imbigboned]

Third Party Debt Order

If you know who they bank with then this Order allows you to apply to a third party (typically their bank) to obtain monies belonging to the defendant. The court will decide if money from the account can be used to pay the debt in which case the Court can freeze money in a person’s bank or building society account or in a business account.

Haven't considered this, because of time involved.

 

[imbigboned]

Are they local to you?

I ask because you'd have nothing to lose by turning up and asking for payment yourself before you go down any other route.

They debtor lives about 150 miles away. I could ask my process server friend to do it on his travels....

 

[simon field]

Just a thought, but if your debtor is in good shape and actively trading then the CCJ will seriously screw their business if the don't pay it within the 30 day (I think) time limit.

They will know this.

 

[imbigboned]

Just a thought, but if your debtor is in good shape and actively trading then the CCJ will seriously screw their business if the don't pay it within the 30 day (I think) time limit.

They will know this.

It's a private individual, and not a company.

I've today sent a formal demand for payment, against the judgment, but will also apply for the High Court Execution Officer to attend.

 

[Joseph frasier]

Hi

We have a debt recovery department that specialises in this - in particular enforcement of judgements.

Our advice- get it moved up and enforce.

Happy to help if required

 

[Bob]

Any odds on whether he will try to get the judgement set aside when enforcement starts on some "spurious" ground that he didn't receive the original e.g. because the dog ate his post

 

[Bob]

By the way, Welcome @Joseph frasier to the forum. You can never have enough lawyers prepared to contribute. Important to give a solution, as you have done, as well as to offer to help
Did you know that you cab put your website in your profile?

 

[Joseph frasier]

The county court rules set out when an application can be made for default judgment. The court may agree to do this in certain circumstances. Remember the other side will have to pay to make the application to set aside and will have to arrange for representations to be made where the court will be asking for an explanation as to why there has been no response to the claim form - failure to acknowledge receipt and file a defence.

Since the law reforms kicked in, the courts do impose sanctions for non compliance with practice directions and rules. Non compliance is frowned upon unless there is a real good reason.

Hoping this is more helpful for you.

Thank you Bob!

 

[imbigboned]

Hi

We have a debt recovery department that specialises in this - in particular enforcement of judgements.

Our advice- get it moved up and enforce.

Happy to help if required

Many thanks for the kind offer of assistance. I received a cheque in full on the 20th, which went through fine.

He must have got legal advice and realised that his position was untenable.

It's so much sweeter when you fight for a principle.