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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I wonder if you are able to help. I have a court order in my

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Good Morning. I wonder if you are able to help. I have a court order in my favour but debtor ignored it so I asked bailiff to step in. That was end of July and since then I haven't heard back from the bailiff. I've emailed the court couple of times and asked of the progress but they only saying it's in progress. Is there any way I could complain on bailiff's job? Thank you, Anna
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge
JA: What steps have you taken so far?
Customer: nothing yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i don't think so. Thank you

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.

Many thanks,
Jim

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.

Best wishes,

Jim

Customer: replied 9 days ago.
it is £2,500 from debtor and yest it was county court. Is it possible to get money back from county court bailiffs for ineffective work?

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

Customer: replied 9 days ago.
great, thank you. Could you please briefly describe other methods you've mentioned before? Thank you. It was County Court at Staines

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 :

(https://www.gov.uk/government/publications/form-n337-request-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 :

(https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order).

£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 :

(https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73).

£110 fee payable.

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:

https://www.gov.uk/wind-up-a-company-that-owes-you-money

£280 fee and £1600 petition fee is payable

Bankruptcy is not an option as £2500 is owed, not £5K or more.

Customer: replied 9 days ago.
thank you. Which one do you think would be the most affective? Debtor sold us a faulty car and that time had a ltd company

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

Customer: replied 9 days ago.
thank you very much for your help. I think I'll use the high court option with link you've sent me

My pleasure, best of luck, thanks

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 9 days ago.
thank you