Law advice

Page may contain affiliate links. Please see terms for details.
astamir

astamir

MB Enthusiast
Joined
Dec 21, 2011
Messages
1,237
Location
london
Car
w208 silver clk55
Hi all
Won a small claim court last year with a dealer who sold a car to me with a faulty gearbox since trying to get my money back through the bailiffs and every time they coming back with a report saying was unable to contact the debtor. Any advice would be very much appreciated
Thanks
 
Had a similar thing some years ago.

We won a county court case against a taxi driver who caused an accident damaging my son's car. We did everything by the book, he simply ignored the whole thing!

After we had won, he simply changed address and "could not be found", so we got nothing.

Don't expect any help from the police.

I guess it depends how much money is involved and how much you want to collect it!
 
Not sure what Country we are in but if we are in the UK there are 2 ways of engaging bailiffs. If you win a court case you need to get the court to make an order to appoint bailiffs for recovery of your money.

If you have engaged Bailiffs on your own without a court order the the bailiff has as much legal power as your milkman so you will never see your money.

Getting a court order to appoint bailiffs is not easy, if you still can't get your money then your best option is to take it back into court but I guess that means tracking them down to serve the summons
 
Send the boys round !!!:devil:
 
flanaia1 said:
Not sure what Country we are in but if we are in the UK there are 2 ways of engaging bailiffs. If you win a court case you need to get the court to make an order to appoint bailiffs for recovery of your money.

If you have engaged Bailiffs on your own without a court order the the bailiff has as much legal power as your milkman so you will never see your money.

Getting a court order to appoint bailiffs is not easy, if you still can't get your money then your best option is to take it back into court but I guess that means tracking them down to serve the summons
Click to expand...

I may have this wrong. But I believe that you can also apply through the high courts for a fee of £60 to have bailiffs appointed. This gives them much more power of enforcement including forced entry etc.
 
brucemillar said:
I may have this wrong. But I believe that you can also apply through the high courts for a fee of £60 to have bailiffs appointed. This gives them much more power of enforcement including forced entry etc.
Click to expand...

No you are quite correct they are called High Court Enforcement Officers and are appointed by the Lord Chancellor and the fee is indeed £60. But firstly you have to get your case into High Court which is known as transfer up. I'm not sure how costly this is coming from County Court to High Court which is the highest court in the UK before the appeals court. I'll ask SWMBO this evening :thumb:
 
There's a TV programme running at present called something like, "The Bailiffs are Coming" It makes entertaining watching - half of their calls seem to be car dealers and they invariably get the dosh.

As others have suggested, these are High Court boys and it costs £60 to kick it upstairs. They recover ALL costs, including their own fees.
 
Great programme, High court writ worth £60 all day, get it done!

If the offenders is not home the high court sheriffs take goods to the value and sell at auction so you get your money back!

I would do this asap as traders work round the law and change the name of the business etc...they can only claim against the company or name on the writ, from what I saw its always best to get a name of a director on the writ as company names can be changed legally with ease at company house...


Teflonso said:
There's a TV programme running at present called something like, "The Bailiffs are Coming" It makes entertaining watching - half of their calls seem to be car dealers and they invariably get the dosh.

As others have suggested, these are High Court boys and it costs £60 to kick it upstairs. They recover ALL costs, including their own fees.
Click to expand...
 
flanaia1 said:
Not sure what Country we are in but if we are in the UK there are 2 ways of engaging bailiffs. If you win a court case you need to get the court to make an order to appoint bailiffs for recovery of your money.

If you have engaged Bailiffs on your own without a court order the the bailiff has as much legal power as your milkman so you will never see your money.

Getting a court order to appoint bailiffs is not easy, if you still can't get your money then your best option is to take it back into court but I guess that means tracking them down to serve the summons
Click to expand...

The bailiffs appointed by court not by me and yet they coming back with the report saying they couldn't contact the debtor.
Seen all those programmes about the bailiffs I thought it shouldn't be difficult for them to get the money back from the business where he has a cars worth over 10 grand and he just ow me £2175.
 
DSB SL AMG said:
Great programme, High court writ worth £60 all day, get it done!

If the offenders is not home the high court sheriffs take goods to the value and sell at auction so you get your money back!

I would do this asap as traders work round the law and change the name of the business etc...they can only claim against the company or name on the writ, from what I saw its always best to get a name of a director on the writ as company names can be changed legally with ease at company house...
Click to expand...

Just spoke to SWMBO on another matter so asked her about this.

It's not that easy you can't just pay £60 and get a High Court Enforcement Officer appointed. Firstly you have to get your case transferred from Crown Court to High Court in order to do this there is strict criteria the main one being the County court must have imposed a CCJ on the debtor (this is not the same as winning in a small claims) The Justice Rules and Practice Directions are the guide to whether the case is transferable to the High Court.

There are six High Court writ's of execution available in the UK and SWMBO spends a lot of time in High Court obtaining Writ's of Possession but the Writ we are talking about here is The writ of Fieri Facias soon to be known as the writ of Control. It depends on the reaction of the debtor as to how much it could cost in High Court, for a full High Court hearing you are going to need a Lawyer and a QC so it's not going to be cheap. General rule of thumb for transfer to High Court is debt of over £25k, It is a complex case, it is in the public Interest, cases under the Consumer Credit Act cannot be transferred to High Court. Also many debtors apply for a Stay of execution of the Writ which then gives them chance to make a payment proposal and you usually end up back in the 10p per week scenario due to the softness of our courts.

Also the power of HCEO's is still very limited they cannot enter by force and the good that they can take have strict limitations for instance they can't take Vehicles necessary for personal use in conjunction with your business or employment so if you use your car to get to work they can't take it. they also can't take equipment necessary to provide the basic domestic needs of you or your family. Thats why most High Court Writs are B2B or an individual against a business. What make SWMBO life so difficult is that writs of possession are almost 100% against Individuals these are often combined with the writ we are talking about here so it's very complex and not a job I would want in a million years but I hope the above gives a bit of an insight
 
Last edited:
davidsw said:
Send the boys round !!!:devil:
Click to expand...

After the information I've got here from the other forum members I guess this one is the only option left!!!!!!
 
Hi is here anyone from Kettering ? The guys name is spencer the company name is village car sales in Kettering
 
flanaia1 said:
Just spoke to SWMBO on another matter so asked her about this.

It's not that easy you can't just pay £60 and get a High Court Enforcement Officer appointed. Firstly you have to get your case transferred from Crown Court to High Court in order to do this there is strict criteria the main one being the County court must have imposed a CCJ on the debtor (this is not the same as winning in a small claims) The Justice Rules and Practice Directions are the guide to whether the case is transferable to the High Court.

There are six High Court writ's of execution available in the UK and SWMBO spends a lot of time in High Court obtaining Writ's of Possession but the Writ we are talking about here is The writ of Fieri Facias soon to be known as the writ of Control. It depends on the reaction of the debtor as to how much it could cost in High Court, for a full High Court hearing you are going to need a Lawyer and a QC so it's not going to be cheap. General rule of thumb for transfer to High Court is debt of over £25k, It is a complex case, it is in the public Interest, cases under the Consumer Credit Act cannot be transferred to High Court. Also many debtors apply for a Stay of execution of the Writ which then gives them chance to make a payment proposal and you usually end up back in the 10p per week scenario due to the softness of our courts.

Also the power of HCEO's is still very limited they cannot enter by force and the good that they can take have strict limitations for instance they can't take Vehicles necessary for personal use in conjunction with your business or employment so if you use your car to get to work they can't take it. they also can't take equipment necessary to provide the basic domestic needs of you or your family. Thats why most High Court Writs are B2B or an individual against a business. What make SWMBO life so difficult is that writs of possession are almost 100% against Individuals these are often combined with the writ we are talking about here so it's very complex and not a job I would want in a million years but I hope the above gives a bit of an insight
Click to expand...

Thank you very much indeed much appreciated
 
Following Flanaia1's very imformative input I'm going to pen a very stern letter of complaint to the BBC on account of "The Bailiffs are Coming" being simplistic and misleading. I can't rememebr if the programme is actually on the BBC, but I find that they are the proper people to complain to in all circumstances.

The bailiffs just seem to pitch up and ask for the money. If someone won't open the door they get the locksmiths in. If they won't pay up they call up a fleet of car transporters. The clients last week were a teacher who'd got stiffed by a car dealer and a farmer who wanted paying for shearing some sheep. Both came away happy. I think the ploy in the farmer's case was that they were going to take the other guy's tractor.

The payout in the end seemed to be what was owed, plus a few hundred to cover fees. It certainly wasn't High Court territory where last time I was involved it was over £2k a day for a a bloke in a wig plus extra money for his sidekick.

Pah! Reality TV. :fail

I guess a car dealer is going to have plenty of cars as assets to be hoiked away though. He can't claim to need all of them to drive to work?

.
.
 
Last edited:
Teflonso said:
There's a TV programme running at present called something like, "The Bailiffs are Coming" It makes entertaining watching - half of their calls seem to be car dealers and they invariably get the dosh.

As others have suggested, these are High Court boys and it costs £60 to kick it upstairs. They recover ALL costs, including their own fees.
Click to expand...

Sheriffs, rather than bailiffs, I think. Tin star and chaps?
 
In the recent BBC 'sheriff' program, the high court sheriffs were chasing monies mostly below £5k...so either the program was fantasy or there's something very wrong...


flanaia1 said:
Just spoke to SWMBO on another matter so asked her about this.

It's not that easy you can't just pay £60 and get a High Court Enforcement Officer appointed. Firstly you have to get your case transferred from Crown Court to High Court in order to do this there is strict criteria the main one being the County court must have imposed a CCJ on the debtor (this is not the same as winning in a small claims) The Justice Rules and Practice Directions are the guide to whether the case is transferable to the High Court.

There are six High Court writ's of execution available in the UK and SWMBO spends a lot of time in High Court obtaining Writ's of Possession but the Writ we are talking about here is The writ of Fieri Facias soon to be known as the writ of Control. It depends on the reaction of the debtor as to how much it could cost in High Court, for a full High Court hearing you are going to need a Lawyer and a QC so it's not going to be cheap. General rule of thumb for transfer to High Court is debt of over £25k, It is a complex case, it is in the public Interest, cases under the Consumer Credit Act cannot be transferred to High Court. Also many debtors apply for a Stay of execution of the Writ which then gives them chance to make a payment proposal and you usually end up back in the 10p per week scenario due to the softness of our courts.

Also the power of HCEO's is still very limited they cannot enter by force and the good that they can take have strict limitations for instance they can't take Vehicles necessary for personal use in conjunction with your business or employment so if you use your car to get to work they can't take it. they also can't take equipment necessary to provide the basic domestic needs of you or your family. Thats why most High Court Writs are B2B or an individual against a business. What make SWMBO life so difficult is that writs of possession are almost 100% against Individuals these are often combined with the writ we are talking about here so it's very complex and not a job I would want in a million years but I hope the above gives a bit of an insight
Click to expand...
 
You must log in or register to reply here.

Users who are viewing this thread

Total: 2 (members: 0, guests: 2)

Similar threads

H
Mercedes MBUX Dashcam - Fraud
Replies
7
Views
1K
JHS
JHS
DanE350cdi
Some advice needed
Replies
0
Views
406
DanE350cdi
DanE350cdi
marty1980
Mercedes E350 Advice
3 4 5
Replies
99
Views
7K
Fastcar155
F
Iskapsts
Is that sound of failing TC 722.6
Replies
5
Views
258
Iskapsts
Iskapsts
Nat
E Class Convertible - What's it like living with one?
2
Replies
26
Views
2K
Neiltodd
N
Back
Top Bottom