cfmonk Posted August 14, 2009 Share Posted August 14, 2009 Hi Everyone, I have had a google and can't seem to find anything that's relevant here, most of the threads seem to stop before the suing stage. I run a small business and we did a last minute job for someone who we had worked with in the past. Our usual T&Cs require payment 7 days prior to their event or hire but as this was a "Can you drop them off tomorrow?" kind of job I asked him to have a cheque ready for us on the day. This cheque then bounced. Lots of apologies, "I used the wrong cheque book" etc. etc., so I get another cheque. This bounces. I try and get back in touch for about a week including telephone, email, hand delivered letters etc. No response. So I go to a debt recovery agency (they are called Jack Russel and I have been very unimpressed with their service by the way). I now have a County Court Judgement which says he needs to pay me the money owed plus costs etc, totalling about £1000 now. But it NOW seems like I can do nothing else to get the money. The only option is to pay another £50 and get the court bailiffs to try and get the money off him but apparently they are rubbish and are likely to be fobbed off. Has anyone else been here before? Can I not just take his stuff? Any suggestions? Cheers, Chris Link to comment Share on other sites More sharing options...
Robin D Posted August 14, 2009 Share Posted August 14, 2009 No you can't just take his stuff. However there is nothing to stop you going round their, judgement in hand and suggesting that he hands over the readies or goods' to the value but you have no legal right to insist, pinch them or do anything that could be perceived as forced entry to the property. All three, plus harassment in pursuit of a debt are criminal offences!!! I'm assuing like so many he has acute cash flow problems, but the fact that you are are there in front of him, it might be enough to make you today's priority to pay ahead of the other person who is not there. It might be though find you are simply wasting more money and time chasing a lost cause. If he's a business, you may well find he's already folded or is about too. ;) In which case you will join the queue with the receiver being the only one that really gets any money out of it. However if he's in employment you can apply through the court to have it stopped from his wages. Good luck. In today's climate I suspect you need it. Link to comment Share on other sites More sharing options...
Guest lightnix Posted August 14, 2009 Share Posted August 14, 2009 Can I not just take his stuff?No - that's what the bailiffs are for. There are certain goods that cannot be seized - for instance... "Such clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his / her family." "Such tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation." Source... ...along with any jointly-owned property; property which does not belong to the debtor, but is on their premises; fixtures and fittings; rented goods or goods covered by a hire purchase agreement. So you can take their dog and that's about it ;) Any suggestions?Nothing legal, I'm afraid. Either you wait (and wait) for the wheels of justice to turn; or you buy a baseball bat, a can of petrol and some matc take matters into your own hands and potentially leave yourself open to prosecution :) Link to comment Share on other sites More sharing options...
slim_mcslim Posted August 14, 2009 Share Posted August 14, 2009 I believe that if you have the judgement in your favour, you can employ the services of a "private" bailiff to enforce the judgement, they will probably charge a non refundable fee and then a percentage of the outstanding debt. However the larger the percentage, the less likely they are to be fobbed off with excuses!!! You will get some of the money back, plus a sense of satisfaction that somebody else wielded the baseball bat for you.... Link to comment Share on other sites More sharing options...
cfmonk Posted August 14, 2009 Author Share Posted August 14, 2009 Yeah the private bailiff thing is something I'm considering. Am also considering doing my bailiff licence exam, if it's anything like the personal licensee / the door supervisor ones then I can be quids in in a day. And help anyone else who is owed money too... The interesting thing is that he was operating as a sole trader so he is personally liable for the debt. I may try the court bailiff option. The man is being a fool! I am not an unreasonable person and I know how tough it is out there (in here it ain't easy either) and I would have happily spoken to him about paying us £100 a month for the next six months but because he ignored me completely he know owes £1000 and I ain't gonna let it drop! A concurrent post has been automatically merged from this point on. Although interestingly the more I look into it the more it appears I can "just take his stuff"... Link to comment Share on other sites More sharing options...
Guest lightnix Posted August 14, 2009 Share Posted August 14, 2009 Although interestingly the more I look into it the more it appears I can "just take his stuff"...I recall being told, quite a while ago, that there are / were some circumstances where that may be the case; but you have to be careful and follow certain procedures. Any info you discover, will be more than welcome, I'm sure ;) Link to comment Share on other sites More sharing options...
emsgeorge Posted August 14, 2009 Share Posted August 14, 2009 Get it transfered up to the high court sheriffs. Anyone can get any debt at the 'warrant' stage transferred up - and high court baliffs have power of entry etc, not like normal baliffs. They pay for the extra paperwork. High court baliffs dont have to send warning letters etc, and will apply for a range of court orders - from getting the court to summons the debtor into court to tell them how much money they have (order to obtain information), to a charge on their property. Link to comment Share on other sites More sharing options...
robloxley Posted August 14, 2009 Share Posted August 14, 2009 Get back to the court (thought you may have to go through your debt agency - for a fee!) and look to get an ‘order to obtain information from the judgment debtor' to see if they/their company can pay. There are then a few options including a warrant of execution (court bailiffs) and an attachment of earnings (their employer deducts payments using PAYE). http://www.hmcourts-service.gov.uk/infoabo...ement/index.htm Link to comment Share on other sites More sharing options...
dwents Posted August 14, 2009 Share Posted August 14, 2009 Please be aware In this day and age the con artistes will Know a dam site more than we do about the law despite feeling like this guy has had you over you must remain calm You cannot intimmidate this guy you must not threaten him you must only telephone or visit at respectable times Don't mention his personall or trading names anywhere other than to people directly connected. If you phoned him every day asking for your money that would be intimidation he could apply back to the courts for the judgement overturned because you intimidated him. This im led to believe to be correct my thought is always do by the book and you won't get bitten on the bum. Id hate this guy to get off on a technicality. If this guy is trading still then I'd get the court baliffs involved.like its been said they can turn up and make his life hell and if you know hes got assets that maybe the court dont know let the baliffs know they dont like being given the run around and will chase it for you. One thing with baliffs is people are very reluctant to let them into there houses so they tend to conduct business on the door step and most dont talk quietly so the curtain twitchers next door will probably find out what hes upto. good luck Link to comment Share on other sites More sharing options...
KevinE Posted August 14, 2009 Share Posted August 14, 2009 Have you any retention of title clause in your trading terms? If so, then unless you've been paid, you still own the goods as he's in breach of contract...obtaining them back without breaking the law is another thing. Link to comment Share on other sites More sharing options...
cfmonk Posted August 14, 2009 Author Share Posted August 14, 2009 Can't go to the high court as the debt is less than £5000. County court is the only option and my office manager who used to sue people says they are less than useless. Retention of title is pointless as it was a hire job and so I already have the stuff back! I think we will either get the county court bailiffs in and see what they do or we will summon him to court to get information. I'm pretty sure that I'm going to get the record updated though and do it myself without the useless debt agency! Will keep you all posted. Link to comment Share on other sites More sharing options...
David Lee Posted August 15, 2009 Share Posted August 15, 2009 1) Do it legally2) Stop being so negative about the agencies trying to help you.3) Pass it onto the Baliffs, keep an eye on it4) Get on with conducting your business - don't let this one case make you lose track of the rest of the business. Link to comment Share on other sites More sharing options...
LeeStoddart Posted August 15, 2009 Share Posted August 15, 2009 1) Do it legally2) Stop being so negative about the agencies trying to help you.3) Pass it onto the Baliffs, keep an eye on it4) Get on with conducting your business - don't let this one case make you lose track of the rest of the business. Now thats vary good advice - particularly number 4 Link to comment Share on other sites More sharing options...
Stutwo Posted August 15, 2009 Share Posted August 15, 2009 At least you have some satisfaction in knowing that the CCJ will stop him obtaining credit and doing this to other people. Link to comment Share on other sites More sharing options...
Pete McCrea Posted August 15, 2009 Share Posted August 15, 2009 At least you have some satisfaction in knowing that the CCJ will stop him obtaining credit and doing this to other people. Assuming people actually refer to credit reference agencies prior to extending credit.... Link to comment Share on other sites More sharing options...
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