can they do this?

[Blackberry]

one of our clients has come to us for help with this situation

they have taken a customer to court for non payment have been awarded a CCJ against the customer - the client understands this to mean they have to pay the debt

the customer still has not paid and has now instructed a debt management company to look after their affairs. it turns out that the customer has numerous debts and hers is small in comparison to the others! She is now being paid less than £1 a month by the debt management company which she obviously isnt happy with

she wants to know if because of the CCJ issued she can stop the debt management company acting in the way it is so that she is paid more quickly or if there is any other recourse available?

any help is much appreicated

 

[The Sheriffs Office]

It really will depend on the judgment debtor's financial position.

If the judgment debt (including court costs) is over £600 as High Court enforcement agents we could be instructed and do not have to deal with debt management companies. If the debtor has any goods of value these could be seized to prompt payment and sold if it's not forthcoming.

It really will come down to whether the debtor has the ability to pay, or find payment from family/friends, if they're goods were enforcement against.

It only costs £60 to instruct an HCEO and if they are unsuccessful a further £75 would be payable.

 

[Blackberry]

thanks

i think the debt is around £400, assume this means there is little that can be done

 

[The Sheriffs Office]

They could use the County Court Bailiffs but they have a history of poor collection rates and are £100 to instruct.

What I would say is that if your client instructed them and their £100 and the original Court Fees pushed the debt over the £600 mark then you could instruct an HCEO.

It's a commercial decision though and will come down to whether the debtor has money, can get money or has assets like a car etc.

 

[Blackberry]

thanks

would they be able to add extra charges for continued work in chasing the debt to help hit the £600?

from what i understand the customer is employed and also has a part time business as well as well as their own home

our client feels that the customer has the money

 

[The Sheriffs Office]

Doubtful, but this may come down to contract details and if so these would need to be added to the judgment by way of a further adjudged sum added to the original judgment.