How to enforce a CCJ against a bank

[vv2]

Hi, I have a money claims judgment against a high street bank, and they are not paying it despite multiple notifications both to their legal team and their solicitor.

I would like to enforce it using a third party debt order. I believe all banks keep accounts with some central banking organisation which I believe could be the third party for the order, however I am struggling to find the exact name for that organisation. My first idea would be Bank of England, but can't easily find a confirmation for that.

Obviously banks have a lot of money, but what would be the bank which other banks keep their money at?

I'm ok with the technicalities of the enforcement process, just looking for the right party for a third party debt order.

Can anyone help? Thanks!

 

[KAC]

is it over £600? Have you used an HCEO as that may be quicker than a third party debt order?

In England, the Central Bank is the Bank of England

 

[vv2]

Thanks a lot! Will research bailiff enforcement. The judgment is just under 4K, so I believe county court bailiffs should be ok as well?

Practically, it's a Scottish bank - no head office in England, there are only branches and corporate office. Service was made at a branch - would you recommend sending a bailiff to a branch or to a corporate office?

 

[mattk]

Have you tried emailing the CEO directly and/or kicking up a fuss on social media? Companies generally hate bad publicity, so they tend to response promptly.

 

[vv2]

Have you tried emailing the CEO directly and/or kicking up a fuss on social media? Companies generally hate bad publicity, so they tend to response promptly.

To date any attempts to communicate with them amicably proved to be waste of time. They only reply when they are legally obliged to - complaints, legal actions etc. Don't have more time to waste.

 

[Mr D]

Multiple times have heard of bailiffs turning up at a branch to collect money the bank has failed to deal with other ways.

 

[vv2]

Multiple times have heard of bailiffs turning up at a branch to collect money the bank has failed to deal with other ways.

What do they actually do? Collect office furniture, computers etc.? Just kidding. Trying to better understand why a bailiff's visit would make a bank do what they failed to do even though the Court told them to?

 

[KAC]

Legislation is different in Scotland. Interesting articles here and here and here

 

[DontAsk]

What do they actually do? Collect office furniture, computers etc.? Just kidding.

Yes, no kidding. It usually focusses minds very quickly when they realise a branch is about to be disabled.

 

[Mr D]

What do they actually do? Collect office furniture, computers etc.? Just kidding. Trying to better understand why a bailiff's visit would make a bank do what they failed to do even though the Court told them to?

They pay.

Choice is that or the bailiffs take ..... assets on hand. Cash to you and me!
The branch manager can get stuff done in an hour that you and I they'd take weeks or months to do....
Have a s****** at this. I did.

Bailiffs raid Royal Bank of Scotland | Money | The Guardian

 

[Lovetts Solicitors]

As has been mentioned above, if the debtor is a Scottish company (if when you look the company up on Companies House the company number starts with 'SC' then it's a Scottish company) then you'll need to have your Judgment transferred to Scotland, as Scotland doesn't recognise English judgments automatically.

Unfortunately the process is a little fiddly as it requires getting various documents and having them sworn in front of a solicitor. You can find out more about the process at https://www.scotcourts.gov.uk/takin...neral-faqs/serving-or-enforcing-a-court-order .

Once this is done you can instruct the Messenger-at-Arms (the Scottish equivalent of the bailiff or HCEO) to collect the debt on your behalf.

 

[vv2]

As has been mentioned above, if the debtor is a Scottish company (if when you look the company up on Companies House the company number starts with 'SC' then it's a Scottish company) then you'll need to have your Judgment transferred to Scotland, as Scotland doesn't recognise English judgments automatically.

Unfortunately the process is a little fiddly as it requires getting various documents and having them sworn in front of a solicitor. You can find out more about the process at [link] .

Once this is done you can instruct the Messenger-at-Arms (the Scottish equivalent of the bailiff or HCEO) to collect the debt on your behalf.

If the dispute is under English law it can be enforced in England regardless of where the company is registered. I did enforce such judgments again foreign companies in the past.

 

[Lovetts Solicitors]

Only if you're enforcing against an address in England (i.e in the case of a Scottish bank you could potentially try to enforce against one of their English branches).

If you try to enforce an English judgment against an address in Scotland (even if the contract was under English law) then the HCEO/Bailiff would be required to refuse to execute as they have no jurisdiction in Scotland. If you try to use the Sheriff's Officer (Messenger-at-Arms) then they will refuse to take the case unless you've had the Judgment ported to Scotland.

 

[vv2]

Only if you're enforcing against an address in England (i.e in the case of a Scottish bank you could potentially try to enforce against one of their English branches).

If you try to enforce an English judgment against an address in Scotland (even if the contract was under English law) then the HCEO/Bailiff would be required to refuse to execute as they have no jurisdiction in Scotland. If you try to use the Sheriff's Officer (Messenger-at-Arms) then they will refuse to take the case unless you've had the Judgment ported to Scotland.

As I mentioned in message number 3, the bank has branches and offices in England. I used an address in England in the claim, otherwise the judgment wouldn't have been issued in England, and I am going to enforce it in England against an address in England.

 

[Lovetts Solicitors]

Understood. Assuming it's the same legal entity (some of the banks have their English branches are under one company and their Scottish branches under a different company) that should be OK.

In that case I'd recommend you start with the High Court Enforcement Officer. They're much more effective than a bailiff as they are only paid on results. It's also quicker and cheaper than Third Party Debt Orders (they need an application to court, then a hearing for the interim order, and it can be challenged at every stage).

 

[vv2]

Thanks for the HCEO advice, looks like an efficient service and I just launched the process through them.

 

[Sheila Harris]

Just to clarify - High Court Enforcement Agents aka Bailiffs aka Sheriffs - they are different names for the same job, however a County Court Bailiff is really a waste of time and money in my experience. Although the 3rd. Party Debt Order may take a bit of time, it can sometimes work quicker than the HCEO's. Yes, there will have to be a court hearing, but the best scenario is when the defendant doesn't turn up, then the judge finds in your favour, the money owed to you is frozen in their bank A/C and after a further hearing is paid to you. I've done several of them and it's so satisfying when your money suddenly appears as if by magic!

 

[JEREMY HAWKE]

Something does not add up here none of the banks would let things get this far
My feeling is an enforcement officer would turn up at an address that is not the actual bank and the debt would not be enforceable at this address

If the OP did a diy job it may not be as effective as it sounds

 

[Mr D]

Something does not add up here none of the banks would let things get this far
My feeling is an enforcement officer would turn up at an address that is not the actual bank and the debt would not be enforceable at this address

If the OP did a diy job it may not be as effective as it sounds

Except at least one bank has let this sort of problem get this far.

If I can find one on google search very easily then likely a few others.

Enforcement officers can easily look up a bank address. Its not like the banks try and hide branches the public use.