How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have incurred much additional costs (Baillffs, Sheriffs,

Resolved Question:

I have incurred much additional costs (Baillffs, Sheriffs, court fees etc) to try to enforce a judgement -how can I claim these subsequent costs? many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you obtain a warrant of execution against the debtors goods?
Kind regards
AJ
Customer: replied 2 years ago.

yes.

the bailiffs were unsuccessful - transferred up to high court for sheriffs, they aborted on 3rd attempt. on 16th September the defendants been ordered to court for questioning - the papers served 'personally' with avidavit. they now want to pay up before court next week. But ... I have incurred much cost getting to this point which has not been included in the CCJ.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
How much extra cost have you incurred in total?
Kind regards
AJ
Customer: replied 2 years ago.

3 warrants of execution 300.00; 2 charging orders 200.00; writ of possession 15.00; order to question 2 x50.00; personal service of docs 150.00; transfer up fee 60.00; 75.00 sheriff abort fee; approx. £850.00.

can I also claim loos of earnings and interest?

think will need to go down bankruptcy route. they got plenty of assets.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
FOr the warrant of execution and writ you are entitled to fixed costs under Civil Procedure Rule 45.8 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs#rule45.8.
In relation to the charging order you are also entitle to fixed costs (normally about £200), but these should be wrapped up an recovered when you seek an order for sale over the property.
Were the charging orders successful? If so your next route of enforcement should be applying for an order for sale?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

OK get that but can you quickly tell me the process of claiming? through court again ? what form number?

can you go through my list and state whether 'claimable or 'not claimable'- for the avoidance of doubt.

the charging orders were successful but they are never likely to sell.... ! grrrr..... or can I force them to sell? I thought this was bankruptcy? or am I mistaken?

need clear and emphatic please - only a layperson !

ta Jane

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Once you have a final charge order you can apply for an order for sale under Civil Procedure Rule 73 - this done using a Part 8 Claim for called N208 - if you look at Civil Procedure Rule 8 it explains the exact process for making the claim. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08
You do not have to wait for bankruptcy you can force a sale by order of the court.
Have you inserted your fixed costs when you made the application for the charging order or when you sort the warrant execution? If you have not done this already it may be too late. What you can try and do is when you seek an order for sale insist that your enforcement costs are deducted from the sale proceeds.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

cor blimey .... ok forget the charging order bit for a mo, how do I go about claiming the other elements ? which form do I need to complete in this case? do I need to apply to the courts again ? WHAT IS THE PROCESS?

also please assist as requested with my list claimable or non claimable?

Customer: replied 2 years ago.

your response please.

ta jane

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
My apologies I have been away from my computer. I will respond shortly.
Kind regards
AJ
Customer: replied 2 years ago.

ok.

Expert:  Alex J. replied 2 years ago.
Thank you.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
My apologies.
I am going to have to do some further research into this.
I have only ever applied for enforcement costs when making the application. I need to check if their is a process for claiming them after the application is made, because it is not something that comes up too often.
I will endeavor to respond to you within 24hours.
Kind regards
AJ
Customer: replied 2 years ago.
Alex have you responded yet? You were doing research - not seen a response despite about 15 requests to rate your service ...... Need to just answer the question posed please. Ta ray
Expert:  Alex J. replied 2 years ago.
Hi,
My apologies.
I have had some internet connection troubles. I am writing my response now.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I have done some research into this.
Can you just confirm when you filed the warrant of execution did you include a statement and break down of what you are trying to claim from the defendant?
The issue I have is, I cannot see what the point of making court applications to amend your costs claim, if the claimant has no means to pay? You would be better off pursuing an order for sale and claiming as many costs as you can under this - if you know the debtor's property has equity in it then forcing a sale will get your money back?
Kind regards
AJ
Customer: replied 2 years ago.

sorry you still have not answered the question... I said putting the charging order aside, can I claim through the court, if so which form and process .... ? simple. I did not ask you to make judgement as to why, where etc?

if you cannot answer the question then please refer me to someone who can.

Ray

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What else do you want to know?
Customer: replied 2 years ago.

Blimey are you all called Alex..... ?!

can you see Alex J's email trail .... ? the question is in there but for the avoidance of doubt here it is..

I have incurred much additional costs (Baillffs, Sheriffs, court fees etc) to try to enforce a judgement -how can I claim these subsequent costs? many thanks.

I was asking - what process what form etc? simple.

I have already been debited for Alex j's answers - but am not satisfied at all.

Ray

Expert:  Ash replied 2 years ago.
It does appear there are several of us!
However in terms of costs they are just added to the Judgment debt. There is no form you fill out. You should have a receipt or evidence on those costs that you have paid out.
You can't claim interest or loss of earnings. Fixed costs are prescribed by the Court and therefore you can't claim outside these.
But just total what you have said and submit it to Court when you have the Order for questioning.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

ta, much simpler thank you.

the defendents appear in court for questioning on Wednesday this week. Bar the additional questions I wished to submit, I was not asked to submit detail of costs. Do I simply nip down to the court with the breakdown and ask then to consider along with the judgement figure?

fingers crossed it is this simple.... Ray

Expert:  Ash replied 2 years ago.
Yes I would provide this.
Put a breakdown and what is it for as you have done before.
Does this help Ray?
Alex
Customer: replied 2 years ago.

great - helps greatly.

thank you for just answering the question.

Ray

Expert:  Ash replied 2 years ago.
Happy to help
Please do remember to rate my answer before you go today Ray.
Alex
Customer: replied 2 years ago.
Do I need to pay again? Was not happy with Alex j answer, hence he referred you to me.
Expert:  Ash replied 2 years ago.
You only need to rate once, but it does not appear to have been done yet?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you