Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify please you appointed a High Court enforcement officer who has from what you understand collected the money owed but has not yet paid it to you. Is that correct please? Do you know they have managed to collect the debt?
Yes that is correct. The collected the money, then they paid it to PMG who were supposed to send it to us, but it was paid into someone else's bank account. It was finally retrieved and a cheque issued which they sent to the wrong address. The sheriff then collected a cheque from PMG and we were to collect it from the Sheriff's office so it didn't go astray again. We have been unable to do so as every time we go we have been fobbed off with various excuses. The particular office then said the sheriff had left and the case was being handled by a different office who again do not appear willing to give us the money, but won't tell us why when the money is ours!
Thanks. Who are PMG - is that the defendant you sued or someone else?
Post Master General - apparently we were told that all monies received by the sheriffs office has to go to the PMG before coming to us.
Thank you. If the HCEO has successfully collected the monies under the judgement then they are under a duty to account to you with the same within a reasonable and timely manner under their professional code of practice. If they have failed to do so there is a two step complaints process you can follow. The first step is to raise a formal complaint with the officer that is dealing with the matter. The officer is required to respond to your complaint within the timeframe outlined in their complaints procedure. If you are not satisfied with their response you can escalate your complaint to the HCEOA which regulates its members. .
The HCEOA can investigate your complaint independently and if it finds that the officer has failed to comply with its code of practice referred to above it can make a decision in your favour. Disciplinary action can be taken against the officer in question in serious cases. A complain can be escalated to the HCEOA by emailing initially [email protected]
If you are suffering costs or further losses (besides the obvious loss of interest) as a result of the delays ensure that such issues are highlighted to the officer as soon as possible reserving your position on the matter. If the officer is found to be negligent in dealing with the matter which causes you financial loss as a consequence there can be a basis to claim compensation for negligence
The officer in question has apparently left "under a cloud" so we are not sure whether there is already something in place, but that does not answer the question as to why another office has taken on the case and won't tell us why they won't give us the money. However, we will get on to HCEOA and see if there is anything we can do. Unfortunately, despite all the to-ing and fro-ing and endless phone calls, there is actually nothing in writing between us and the office, so it may be our word against theirs.
If the enforcement officer has collected monies under a writ issued by the court then he has agreed to act on your instructions under the Writ. There is no way for the enforcement officer to disclaim his responsibilities if he has carried out a collection. If the specific officer has left the company for whom he worked remains liable to you for the monies they have collected on your behalf. Often (not always) committing the matter to writing, be it email or letter rather than relying on phone calls will focus minds particularly when you make it clear your intention to escalate to the HCEOA if necessary.
They will not want an investigation as this both takes time and therefore costs money but also can threaten their licences if they are found to be negligent which they will be keen to protect for obvious reasons.
Is there anything above I can clarify for you?
Does the above answer all your questions or is there anything I can clarify or help with any further?
No you have been very helpful, thank you.
If I can assist any further as the situation develops please do no hesitate to let me know.
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