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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
County Court bailiffs are not particularly effective in my view. They are salaried (not paid by results) and they have very limited powers too. You will need to contact the court which issued the CCJ in your favour and ask to speak to the court manager to make a formal complaint. The complaint may or may not resolve this. I presume the court is the defendant's county court?. I can find the contact details if you tell me which court it is.
If the total sum is more than £600, a far more effective way would be to transfer the CCJ to the high court for £66 - you can then avail of high court enforcement officers who are paid only upon results and they have far greater powers. They can take goods (cars, etc) and they can gain entry to premises with a warrant.
The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/
There are other methods such as application for a bank account freeze, charging order on their property, summons to court for questioning, attachment of earnings order, bankruptcy if they owe £5,000 or more. I can detail any of these further if you wish,.
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
You could ask the court manager for a refund for the warrant of execution fee, yes. The better idea would be to add their fee to the £2500, pay for a transfer to the high court (the £66 is added) and the defendant to pay the full sum
Sure, will do - the email address for the court enforcement is***@******.*** or by phone on 0300(###) ###-####(if you tell them you wan't to make a complaint). You can also make a complaint via this form : https://complain-about-a-court-or-tribunal.form.service.justice.gov.uk
We already covered the transfer to the high court for the £66 which is a very cost-effective (and effective from an enforcement point of view) method.
The others ways would be if they are employed, apply for attachment of earnings order :
£110 fee payable to HMCTS.
Or apply to freeze his bank account (if it is in credit - this only works on one date though) and the court orders the funds to repay the CCJ :
£110 fee payable.
You could apply for a charging order on their property (if they own it) so the money is repaid when the property sells. You can also apply to force a sale :
If they are a company you can apply to wind up their company if you sued a limited company and they owe you £750 or more:
£280 fee and £1600 petition fee is payable
Bankruptcy is not an option as £2500 is owed, not £5K or more.
If the limited company no longer exists then i would use the high court enforcement option If the limited company is still active (and has assets) then you can apply to wind it up. you may prefer to use a firm to recover the debt - they may be more effective - here is an example : http://www.lovetts.co.uk
My pleasure, best of luck, thanks