After bailiff, what next?

Synax_Injector · 21-09-2008, 9:46 PM

I bought something on a forum a while back and never received the item, I refused to let this drop and kept on trying to get my money back.

I was advised to use Money claim online, which I did/am

These are the status's so far:

Claim: Issued(23/07/2008)

Judgement (in my favour): Issued(13/08/2008)

Warrant (Bailiff): Issued(27/08/2008)

I have the bailiffs number too, she's tried to get the money back twice but he isn't answering the door, so she said to give her another 2 weeks because she's going to make so night calls and monitor his car and see if she can tow it.

But what's next, can I be doing anything in the mean time?

What I mean is, if she said she's been un-successfull in getting the money because he's not answered the door, what do I need to do next because that's the last step on the money claim website.

I have been told to go to a free 30min session with a solicitor, but is there anyway I can get more time because I'm unemployed?

Any help is appreciated, with fee's etc he owes near £400 now.

Homer X.Y.Z · 21-09-2008, 9:52 PM

Can the police not take of his door

?

Bilbob · 21-09-2008, 10:17 PM

If a judgement has been issued and a baliff assigned, then the baliff will eventually have the power to force entry and take goods.
Not a lot you can do to rush it, it will take it's course...

But rest assured, they will get there in the end

Synax_Injector · 21-09-2008, 10:24 PM

Cheers mate, kinda put my mind at rest a bit.

Guess I will have to wait a few more months and see where it goes.

I need some money for a passport and holiday money, and this would be ideal...but can't see it happening in time.

Ian J · 22-09-2008, 5:43 AM

Quote:

Originally Posted by Bilbob

they will get there in the end

You have more faith in the County Court system than I do then. 25 years ago I ran a local free newspaper and I must have issued a couple of dozen County Court Summonses to defaulters. In every case I got judgement but I never received a penny from any of the debtors.

The programmes about bailiffs that you see on the TV are private or High Court bailiiffs that only get paid themselves if they successfully exectute a warrant but unfortunately the County Court Bailiffs are salaried and comparatively toothless

mjn · 22-09-2008, 7:38 AM

Quote:

Originally Posted by Synax_Injector

.....because I'm unemployed?

Quote:

Originally Posted by Synax_Injector

I need some money for a passport and holiday money, and this would be ideal...but can't see it happening in time.

Getting a job would enable you to obtain holiday money quicker!!

Naqv · 22-09-2008, 8:22 AM

Quote:

Originally Posted by mjn

Getting a job would enable you to obtain holiday money quicker!!

You can't make judgements on people without knowing their circumstances. There are a wide variety of reasons he may be unemployed.

shahedz · 22-09-2008, 9:41 AM

the problem with general chat is you ask for advice and get given opinions on other factors that have nothing to do with the question in hand.

Pretty much what Ian said, at £400 it may not be worth the cost getting private baliffs in .

Duncan G · 22-09-2008, 10:26 AM

Chuck some bricks through his windows. The cost of replacing them will be more than the money he ripped off you.

Decadence · 22-09-2008, 10:28 AM

Quote:

Originally Posted by mjn

Getting a job would enable you to obtain holiday money quicker!!

Bit harsh that; without knowing personal circumstances...

Jenn · 22-09-2008, 11:53 AM

Quote:

Originally Posted by Ian J

You have more faith in the County Court system than I do then. 25 years ago I ran a local free newspaper and I must have issued a couple of dozen County Court Summonses to defaulters. In every case I got judgement but I never received a penny from any of the debtors.

The programmes about bailiffs that you see on the TV are private or High Court bailiiffs that only get paid themselves if they successfully exectute a warrant but unfortunately the County Court Bailiffs are salaried and comparatively toothless

To be honest they do try as much as they can (legally able to). It took a few months of the bailiff trying to get about £5k back for us but got there in the end when I thought we'd never see the money again.

Another time though the guy moved his business address so had to reissue the claim

And although his home address was the registered address he simply claimed he had no business assets there so nothing the bailiff could do.

**Steven** · 22-09-2008, 12:00 PM

Got a letter this morning for an arrest warrant. Not for me, just the previous tenant

eric pisch · 22-09-2008, 1:39 PM

Quote:

Originally Posted by LFC_SL

Got a letter this morning for an arrest warrant. Not for me, just the previous tenant

I had this problem, previous owner had a huge loan he had stopped paying, I informed them of his move since I didn't want the baliffs turning up with an order for entry ....

pixelpixel · 22-09-2008, 4:48 PM

Quote:

Originally Posted by eric pisch

I had this problem, previous owner had a huge loan he had stopped paying, I informed them of his move since I didn't want the baliffs turning up with an order for entry ....

When people move do they get the stupid gene with the new house and think oh yeh I will just stop paying bills or get mail changed to my new address ?

I have owned my house for 3 months and the last owner gets more mail to my house than I do

**Steven** · 22-09-2008, 4:50 PM

Quote:

Originally Posted by pixelpixel

When people move do they get the stupid gene with the new house and think oh yeh I will just stop paying bills or get mail changed to my new address ?

Well this idiot owes:
£300 to NPower
£150 in council tax
and today received an arrest warrant from the local Magistrates' Court on an outstanding £250 debt for whatever reason

Unfortunately for him he is/was a university student and they will have his home details

Phil57 · 22-09-2008, 5:21 PM

Quote:

Originally Posted by LFC_SL

Well this idiot owes:
£300 to NPower
£150 in council tax
and today received an arrest warrant from the local Magistrates' Court on an outstanding £250 debt for whatever reason

Unfortunately for him he is/was a university student and they will have his home details

Are you opening mail not addressed to you?

**Steven** · 22-09-2008, 5:27 PM

Well when NPower phoned threatening to cut off the electricity I made it my business

Synax_Injector · 22-09-2008, 5:32 PM

A lot of people have said for the amount of money, if the bailiff doesn't get it back at this stage, just forget about it.

But the fact is, what the hell did I pay £25 court fee's and £50 bailiff fee's for if he can just ignore it all for months and get away with it unphased.

I can't wait for the day I take the smug look he probably has on his face off of him by using the correct way of prossecution.

At the end of the day, he's stolen from me...I've paid the courts to sort it out, I should be able to get my money back, even If I pay a solicitor to help me, because the fee's get added on and he'll end up paying them as well, which I actually want to do, would love for this to run up to £1000 and he have to pay it all.

After he does, he'll be getting a very snotty/wind up sms from me

shahedz · 22-09-2008, 6:21 PM

Quote:

Originally Posted by LFC_SL

Well when NPower phoned threatening to cut off the electricity I made it my business

as a law student i would have thought you would have known better

Ian J · 22-09-2008, 6:58 PM

Quote:

Originally Posted by Synax_Injector

I should be able to get my money back, even If I pay a solicitor to help me, because the fee's get added on and he'll end up paying them as well, which I actually want to do, would love for this to run up to £1000 and he have to pay it all.

Unfortunately that isn't true. There are scale charges that can be added on for use of a solicitor but they are nowhere near what a solicitor will charge you so effectively the further down the legal route you take it, the more it will cost you

Phil57 · 22-09-2008, 8:08 PM

Keep pursuing the matter, last year I 'took' an ex work colleague to the small claims court for the sum of £20, after ignoring the various letters he received he had a visit from the county court bailiff to which he ended up coughing £85. The only thing I regret is not seeing his less than smug face when he had to open his wallet.

Thinking further about it, it may have been the previous year.

Synax_Injector · 22-09-2008, 8:14 PM

I won't ever let it drop, trust me, no one robs me and gets away with it

Phil57 · 22-09-2008, 8:32 PM

Quote:

Originally Posted by Synax_Injector

I won't ever let it drop, trust me, no one robs me and gets away with it

Not that your action has yet to put the money back into your pocket, you can at least be pleased the the rat has a county court judgement against him which will affect his credit rating for some time.

Steve.J.Davies · 22-09-2008, 10:11 PM

A bailiff can ask the police to attend the serving of a warrant....

chrisgal · 22-09-2008, 10:55 PM

If the OP is seeking a solicitor's advice would he not get legal aid if he is unemployed??

hanmer · 22-09-2008, 11:04 PM

Quote:

Originally Posted by Steve.J.Davies

A bailiff can ask the police to attend the serving of a warrant....

While the police may attend they will be there to prevent a breach of the peace only even if the bailiff has a warrant. The police will not force entry, they will not retrieve any money from the debtor, they will not assist in the removal of any property, all that is down to the bailiff. The bailiff will normally only ask the police to attend if the debtor is there being abusive or aggressive, and hence a brach of the peace may take place.

Bri

Ian J · 23-09-2008, 6:46 AM

Quote:

Originally Posted by chrisgal

If the OP is seeking a solicitor's advice would he not get legal aid if he is unemployed??

Not for a civil matter like this

Steve.J.Davies · 24-09-2008, 10:35 AM

Quote:

Originally Posted by hanmer

While the police may attend they will be there to prevent a breach of the peace only even if the bailiff has a warrant. The police will not force entry, they will not retrieve any money from the debtor, they will not assist in the removal of any property, all that is down to the bailiff. The bailiff will normally only ask the police to attend if the debtor is there being abusive or aggressive, and hence a brach of the peace may take place.

Bri

agreed. and yet the police 'assist' bailiffs in pursuing unpaid PCNs - civil debts - and even stop the cars and detain the drivers for the bailiff. with no prior contact with the driver of prior knowledge of any BotP behaviour. They even make TV programs about it !

Police assistance could help the OP. not least as an independent witness.

eric pisch · 24-09-2008, 11:06 AM

Quote:

Originally Posted by LFC_SL

Well this idiot owes:
£300 to NPower
£150 in council tax
and today received an arrest warrant from the local Magistrates' Court on an outstanding £250 debt for whatever reason

Unfortunately for him he is/was a university student and they will have his home details

try 15 grand unpaid for nearly 2 years ...

Naaktgeboren · 24-09-2008, 11:32 AM

Quote:

Originally Posted by Synax_Injector

A lot of people have said for the amount of money, if the bailiff doesn't get it back at this stage, just forget about it.

But the fact is, what the hell did I pay £25 court fee's and £50 bailiff fee's for if he can just ignore it all for months and get away with it unphased.

I can't wait for the day I take the smug look he probably has on his face off of him by using the correct way of prossecution.

At the end of the day, he's stolen from me...I've paid the courts to sort it out, I should be able to get my money back, even If I pay a solicitor to help me, because the fee's get added on and he'll end up paying them as well, which I actually want to do, would love for this to run up to £1000 and he have to pay it all.

After he does, he'll be getting a very snotty/wind up sms from me

Whilst I admire your enthusiasm from personal experience, you will probably end up without seeing a penny of the amount owed and yourself seriously out of pocket. As he has refused to pay you this far, what are the chances of him finally deciding now to cough up?

The Bailiff is powerless (can only hope the guy opens the door when he visits) lets say he does not have a car they can tow (or owns a worthles car)

He can go back to court although he is not committing a criminal offence so there is nothing a judge can do. The guy in return will offer £2.50 a month and the court will find this acceptable.

You should ask yourself at this stage, if it's all worth the hassle.