When enforcement of a CCJ fails?

by Readers Question

2 years ago

When enforcement of a CCJ fails?

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When enforcement of a CCJ fails?

We have two CCJs issued against two ex-tennants. One is something of a ‘straw man’ so we have not pursued it. However the second individual owns a house outright (after inheriting money) and an expensive car.clint

We have tried all the methods offered by the courts to recover the money but have not been successful. – nb: we have not yet put a charging order on the house as it seems a very long-term solution.

We have previously used a firm of enforcement offices but they have failed to recover the money owed.

Do we have any options except the charging order? A personal reason that pushes me to pursue is particularly abusive behaviour by the ex-tennant towards us and our families.

Any advice welcome



Neil Patterson

2 years ago

Dear Ellie,

I am sorry to hear of your situation. I am not an expert in this area, but we do have a page with a download on enforcing judgements, which I hope may help. >> http://www.property118.com/free-guide-enforcing-judgements/70013/

2 years ago

Hi - A charging order is a good way forward and then use it get the funds. There are many ways to enforce - if you need some advice contact me via my profile. I deal with these situations all the time

Mike Amapola

2 years ago

Have you tried an attachment of earnings ?
That is likely to be the next route I have to take as HCEO's have not been successful.

Gary Dully

2 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "05/01/2016 - 09:32":

Hello Peter,

Without over selling and under delivering, what would you say that your success rate is?
I have passed over in referrals over £54,000 in defaulted judgements to various debt collection agencies and have received £0.00 back, I would therefore be very interested in a more descriptive answer to Ellie's question.

Ian Ringrose

2 years ago

Get the registration number of the expensive car, then talk to a high court enforcement officer assuming you know where the car is often parked.

The car may not be owned by the person, but any court enforcement officer can check that for free before taking on your case.

I don't know if a charging order on the house can be combined with other methods, but may be worth getting encase they sell the house.

Ellen McInnes

2 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "05/01/2016 - 09:32":

Hello all,

The person does not work now as they live off their inheritance so an earnings based enforcement won't work neither does a 3rd party order as they just close one account and open another.
We have checked and the lady does own the car but parks it in a range of different places even avoiding her home at times.
We have used enforcement officers with a high court writ who said as they couldn't enter the house and she hid her car they couldn't do anything. She won't engage with anyone and has told us that she was told by a 'debt-relief' charity to plead depression if it ever comes to anything.
We have tried all legal methods we know of and are currently putting in a charge over her house.

2 years ago

Reply to the comment left by "Ellen McInnes" at "05/01/2016 - 11:55":

There are ways the HCEO can enter by order of the court. They are playing the system and you need to pay the same game in my view. How much is the debt in total?

2 years ago

Reply to the comment left by "Gary Dully" at "05/01/2016 - 10:03":

I would need to see what has been done to date and copies of the judgement(s). I have tended to get results where others may not have not.

Robert Mellors

2 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "05/01/2016 - 12:21":

Like Gary, I have also passed many thousands of pounds worth of debt to various debt collection companies over the past few years, all claiming to be able to collect where others cannot, but so far this has only resulted in three payment plans being set up. Most of my tenants are on benefits or a low/variable income (e.g. zero hour contracts). As you say you have "tended to get results where others have not", what debt collection/enforcement service do you think you could offer me (or other landlords in a similar situation)?

White Collar

2 years ago

Reply to the comment left by "Peter Fisher - Fixed Fee Law" at "05/01/2016 - 12:15":

Dear Peter

What is this way you talk about? I've got a CCJ against a debtor for around £7,000. I've already done a Third Party Debt Order and been successful to recover £500. Attachment of Earnings failed as she left her job. HCEO failed because they said they could not enter too. She is in rented accommodation.

I'm thinking about doing another TPDO this year

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