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Debtor Avoiding Bailiff And Court Order
4 Answers
I am owed a large sum of money , I have court order etc, recently applied for debtor to attend court for questioning but bailiff could not get any joy at the property he is living in (owned by his mother)....this has been ongoing for 8yrs now and I am at the end of my rope with it all,will not give up and let him get away with it , is it true that a high court bailiff has to serve papers if debt is above £5000 ? It seems all the debtor has to do is not open the door !! In all probability he does not have the money owed but he sold a house to pay me back and others but disappeared , 8yrs down the line and no further forward ...any advice please .......
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For more on marking an answer as the "Best Answer", please visit our FAQ.Have you considered other options, such as applying to the court to get money deducted from the debtor's wages?
https:/ /www.go v.uk/ma ke-cour t-claim -for-mo ney/enf orce-a- judgmen t
Chris
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Chris
I was concerned to see the debt is from some 8 years ago, did you obtain a CCJ during the first 6 years of this alleged debt, has the debtor acknowledged the debt or made any payment? If not the debt may now be statute barred under the limitations act 1980. If the debt is not statute barred and the judgment was for over £600 and has not arisen from an agreement regulated by the Consumer credit Act 1974, you may be able to have High Court Bailiffs (High Court Enforcement Officers) enforce the judgment, High Court Enforcement Officers are sometimes preferred to County Court bailiffs as being private bailiffs they are considered more effective
The fee to transfer the debt to the High Court is £60. Both this fee and incurred fees by the High Court Enforcement Officers is added to the debt claim and these chaps are on a no-win, no fee basis so they are very incentivised to collect.
BBC run a recent series called 'The Sheriffs Are Coming' which provided a great insight as to the tenacity of these people at getting your money for you - visiting debtors at home early in the morning (to catch people in) and seizing cars off driveways as a means of forcing payment. They are quite entitled to do this.
Definitely worth pursuing by this route if your debt qualifies.
BBC run a recent series called 'The Sheriffs Are Coming' which provided a great insight as to the tenacity of these people at getting your money for you - visiting debtors at home early in the morning (to catch people in) and seizing cars off driveways as a means of forcing payment. They are quite entitled to do this.
Definitely worth pursuing by this route if your debt qualifies.
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