If you seize goods belonging to shared persons, will you still sell at Auction as surely the other owner that is not the debtor, would lose a lot of money at auction?
Yes – Although the other party would not lose money. We would normally get an order of the court requiring the sale of the jointly owned goods first, as this way they would be fairly and appropriately valued. We can return the portion of money to the joint owner whilst the debtor’s money is taken and used to pay the writ. Generally, this is an option that works well.
What if you have someone who lives with family but doesn't have any items that can be seized?
Under writ a control there is not a lot you can do in terms of recovery if there are no items to take control of. More often than not when you arrive at the door you will be the first person they interact with relating to the debt and a payment plan can be set up, but it’s not worth proceeding if the debtor doesn’t have assets that can be listed as part of a controlled goods agreement.
There was a tenant evicted through the court on a section 8, two years ago. How do I go about giving her a CCJ for the £2,000 owing please?
Providing you can trace where they live after they have moved, and they have assets, and assuming you don’t already have a money judgment in place, most HCEOs have the facilities to do this. You will need to follow the procedures and get the judgement for the unpaid rent within 6 years. The process to do this is straightforward you can use the money claim online service if you aren’t making a claim for the tenancy deposit.
Once you have your judgment, for a court fee of just £66 (payable to HMCTS), we will transfer up the judgment to the High Court for enforcement free of charge. Should the enforcement be unsuccessful, then there is a compliance fee of £90 payable by the client.
Issue the judgement with your chosen HCEO and they will enforce the judgment for you by visiting the debtor and carrying out the enforcement process.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance