Enforcing a CCJ - Bailiffs or Sheriffs ?

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Dr House

Dr House

Dr House

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So long story short I bought a wardrobe from a small shop in london (one man band), I paid in cash on the day. I then chased the guy for delivery for ages and finally I had to arrange my own collection a full 10 months later, he then forced me to pay £950 to his personal bank account to cover "storage". I had not choice as he said he has bankrupted his company and now training out of a new company.

So I paid up and took him to court, I now have a CCJ against him

Now I have a choice, I can bounce it up to a High Court Enforcement Officers, HCEO or just get a normal Bailiff.

Is it worth the time and effort to move it up to the high court? Any feedback would be welcome. He is polish and I know he has assets in Poland also.
 
Did you buy the wardrobe from him or a business, if it was him it's a private sale and I don't think you can do anything, if it was a company and it's bankrupt (or so he says) you still probably can't do anything.

Check the status of where you bought it from then go to the courts, I think you have to go to the county court first then high court.

Andi.
 
My old man (retired solicitor) had a high opinion of High Court Sheriffs, said they were definitely worth paying extra for.
 
HCEO for sure.

We enforce all our CCJ's that way and get a much better recovery rate.

You wont have a chance at getting his asset in Poland though :)
 
Well its a difficult one, I paid him in cash, he gave me receipt in his own personal name. He then send me a invoice form his new company for the storage but when I arrived at the store offered to let me off some of the storage cost (down from £1250 to £950) if I paid the money into his personal bank account.

So I have taken him personally to court and won.

When I say he forced me, it was pay or never get the wardrobe so I decided to pay up and try and get my money back after.
 
On a side note after I sent him the court papers he got very abusive and made racist comments and threat against me so the police I believe are also bringing criminal charges against him for racially aggravated harassment :D

Muppet really, I can't believe someone would do such a think considering he sells very high end kitchens which can be over £50k
 
You paid cash, didn't receive any goods, then paid a further £950 (via bank transfer this time) on the basis of some made up excuse? lol?

Did you get the wardrobe?
 
You bought storage and then paid extra for storage?

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Ignoring everyone calling you whatever, go up, use the higher level, enforce it, see what they can do, as you paid him personally, they can go to his house and take his stuff. Its not in a company name the CCJ, so just do him, get them round his house, they can enter, they can take his home stuff to sell at auction to recover your fee, iirc it doesn't cost much of your 950.

Do him.
 
Hikari Kisugi said:
Ignoring everyone calling you whatever, go up, use the higher level, enforce it, see what they can do, as you paid him personally, they can go to his house and take his stuff. Its not in a company name the CCJ, so just do him, get them round his house, they can enter, they can take his home stuff to sell at auction to recover your fee, iirc it doesn't cost much of your 950.

Do him.
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sort of...they don't have the right of entry to private property but if you let them in you can't them get them out of your house.
They'll be able to take any assets the debtor owns as long as they're not on HP etc.

You pay around £60 to transfer up, the costs of the enforcement are then added onto the debtor and not deducted from the amount owed to you but generally what will happen is anything recovered will be split on an agreed % between the HCEO and you.

If they dont recover anything you only pay an admin fee.
 
Yes I have the wardrobe now and I paid up when I arrived in the shop with my collection guys.

Glaucus yes it was a expensive wardrobe hence it was still worth paying the the 950 to get what I paid for in the first place.

Thanks for the feedback all, I will bounce it to the HCEO
 
Dr House said:
Well its a difficult one, I paid him in cash, he gave me receipt in his own personal name. He then send me a invoice form his new company for the storage but when I arrived at the store offered to let me off some of the storage cost (down from £1250 to £950) if I paid the money into his personal bank account.
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Your backside must be sore. You were taken for one hell of a ride!
 
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