Not sure on the technical term but you can put a charge on house when they sell their property. But you cannot force them to sell, so again pointless.
What about all them programmes you see on tv where the bailiffs remove goods? Don't tell me these are all done on a writ of Fifa?
Your not wrong, so to speak, but also not entirely correct on a few points..
If the debt is owed from a limited company, the outstanding amount is above £750.00 and undisputed then you can issue Winding Up Proceedings and the first stage of this is to issue a Statutory Demand (unless you already have a CCJ). However, if the debtor does not respond to the Statutory Demand then the cost to instruct a Solicitor to issue a Winding Up Petition is in excess of £2k (including disbursements) so you have to consider the size of the debt and if this will be cost effective.
You also have the options to issue County Court Proceedings, obtain a CCJ against the limited company and the enforce the CCJ with :
1. High Court Enforcement Officers (if the debt is above £600.00)
2. Charging Order (if the company owns property)
3. County Court Bailiff's (if the debt is below £600.00 but I never recommend as they are useless nowadays)
4. Third Party Debt Order
5. Winding Up Proceedings
If the debt is owed by an individual, is above £750.00 and is undisputed then you also have the insolvency option of Bankruptcy which is much the same as Winding Up. You first have to issue and serve a Statutory Demand and then if the debtor fails to respond you can issue a Bankruptcy Petition. Again, a Solicitor has to issue the Bankruptcy Petition and the costs are in excess of £2k (including disbursements) so you have to condsider if this is cost effective.
Again, you also have the following option to issue County Court Proceedings, obtain a CCJ and enforce a the same with :
1. High Court Enforcement Officers (if debt above £600)
2. Charging Order (if debtor owns property, solely or jointly)
3. County Court Bailiff's (if debt below £600 but I would not recommend)
4. Third Party Debt Order
5. Attachment of Earnings (if working)
6. Bankruptcy Proceedings
High Court Enforcement Officers rights of entry are as follows :
Commercial premises
The HCEO can force entry to commercial premises to levy on a first visit or any subsequent visit to remove goods providing the property is not physically attached to, and form any part of, a residential dwelling. Prior to forcing entry, the HCEO should have a genuine reason to believe that goods of the defendant are contained within. They should make reasonable enquiries as to whether the property is rented, contacting the landlord if necessary.
Residential premises
The HCEO may climb a perimeter wall or fence to gain entry to the grounds of the property. They can then enter where a door or window is open, opening further to aid entry if required. They may also use the door handle to gain access when the door is unlocked but may not open a window that is shut.
Once inside, they may also break down the inner doors of the property to seek the goods of the defendant. The HCEO may not be forcibly ejected; however, if they are, they can now force re-entry back into the property.
Furthermore, they may force entry to a garage, out house, stables or barn providing it is not physically attached to, and form any part of, the residence.
Lastly, you stated that once a
Charging Order is obtained you cannot force the debtor to sell. However, new rules came into effect on 5.4.13 governing the way that creditors can force the sale of property in order to repay outstanding sums on consumer debt. The limit for a force to sell was £25,000.00 but has now been reduced right down to £1000.00.
I hope that this post helps in some way but if you are struggling at all to enforce a CCJ, PM me or look us up and we will try to advise / assist the best option available to you based on the debt and the debtors circumstances.
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