Would a Processor Server help where High Court Bailiffs have failed?

Would a Processor Server help where High Court Bailiffs have failed?

15:34 PM, 16th June 2022, About 2 months ago 31

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Hi all, I read on this site that some landlords use Process Servers. Can someone please explain how that works?

I have two large outstanding debts from previous tenants who have long since been re-housed and according to their internet profiles they are both enjoying the life of riley one way or another. One is an ‘influencer’ so is all over social media. I know where both of them live – neither are no longer in ’emergency’ or ‘temporary’ accommodation.

Both debts were escalated up to High Court Enforcement – however, due to the notification of bailiff visits now being a legal requirement – these two just hide virtually in plain sight at the time of any planned visit. Bailiffs say they’re convinced that someone is at home when they’ve called. Neither tenant opens the door.

There is no point in pursuing that route any further so I’m thinking along the lines of pursuing an assessment of their financial circumstances. Is that something that could be done with papers issued by a process server? If so, is there direct access to process servers – or do they only take work from solicitors?

Thanks in advance for any responses received.

LordoftheManor



Comments

John MacAlevey View Profile

10:26 AM, 17th June 2022, About 2 months ago

Dear Lord, interesting enquiry of yours. I can`t answer it but I do know the situation you face, more than annoying.

Good luck,

CMS View Profile

7:29 AM, 18th June 2022, About 2 months ago

what are the HCEO's attending for exactly? Sorry to ask but if you can tell me what you expect the HCEO's to do when the meet the debtors i can tell you whether or not a PS would achieve the same result possibly. Best, Charles

Anne Nixon

8:18 AM, 18th June 2022, About 2 months ago

I have had the same experience you have had and fees I have paid trying to recoup my losses was just throwing good money after bad.
If I was able to recoup those losses it would make a big difference to me but I can't see any way of doing it without just losing out even further.

CMS View Profile

8:59 AM, 18th June 2022, About 2 months ago

Reply to the comment left by Anne Nixon at 18/06/2022 - 08:18
can i ask what you had and what you intended the hceo's to do? also how old is the debt or, as it sounds, the judgment you obtained. i am not saying that i can definately help you but this is an are i know quite a bit about and i am happy to give you 5/10 minutes to make sure there are no options that might have been missed? No problems if you dont need any help but if you do let me have your number or email and i will contact you later today

LordOf TheManor

9:55 AM, 18th June 2022, About 2 months ago

Answer to the question about my expectations of the HCEO:

I was expecting the HCEO to have the debtors agree to a payment plan one way or another - or taking control of goods in part payment of debt or a mixture of both.

I was successful once before getting a debt settled this way by an HCEO. However, this was in the days prior to HCEOs having to give notice of their visit. No point in using them anymore - is there?

Both these cases are 3 years old or thereabouts. I had to wait until they were both in permanent accommodation to start the process. They've both been given social housing, one of them a single male whose child is not being raised by him.

Both have been granted a clean slate with help from the government and their lives are past the chaos they created in order to get the homes they're now in.

The debt remains. If they're now in work, why shouldn't they pay it back?

CMS View Profile

10:19 AM, 18th June 2022, About 2 months ago

Reply to the comment left by LordOf TheManor at 18/06/2022 - 09:55
Completely agree with your last comment. Were they working when the HCEO's last attended their property?

I presume you have a CCJ against them but if they have no house of their own a charging order is out but if their financial circumstances have now changed it might be worth contacting me or someone else who is able to run a credit check on them to see what other assets they have. If you have a CCJ that is uncontested they owe the debt so you now just need to find out more about the assets they own and their work.

I presume that you have already looked into potential warrants of control (if there is a car at the property that is owned by the debtor they will enter into discussions if you clamp it surely?) third party debt order if you can get a company to find out if they have money in the bank; and attachments of earnings if they have a job.

Sorry if you have exhausted all of these options already but if its not possible to get the whole amount as a lump sum these other options might be worth considering if you know the debtors are now doing well or at least earning. best, Charles

CMS View Profile

10:21 AM, 18th June 2022, About 2 months ago

Reply to the comment left by CMS at 18/06/2022 - 10:19
Lordofthemanor i should have mentioned that my offer to try and help with a 5/10 minute chat is obviously directed at you as well...albeit i appreciate you will have far better things to do than to discuss this with me on a weekend! Best

Anne Nixon

10:39 AM, 18th June 2022, About 2 months ago

Reply to the comment left by CMS at 18/06/2022 - 08:59Thank you very much for your reply, you're very kind.
I have seven MCOL judgements the oldest of which is March 2019 and the newest November 2020, each between £700 and £2400 three transferred, the other four issued.
I had envisaged a scenario as shown on the 'Can't pay they'll take it away' program where the officer speaks with the debtor face to face and either takes a card payment there and then or arranges with them a payment plan.
I have used a tracing agency multiple times to try and keep track of current addresses, tried to do an attachment of earnings order twice but the debtors had changed employment and tried for a Third Party Debt Order but the bank didn't recognise the details I gave them.
I have never received one penny back and I hadn't expected the process to be so difficult and so fruitless . . .

Is there a way for me to email you without putting my email address on here for obvious reasons please?

Thanks

Richard Adams

10:52 AM, 18th June 2022, About 2 months ago

IF DCBL (the Can't Pay We'll Take It Away company featured on TV) can't recover your debt/s then nobody can. Google DCBL for your local office and call them to discuss your circumstances as outlined in your post. If they cannot help you they will say so. If they can it costs £90 odd from memory to instruct them. Peanuts! This assumes you have a CCJ which another contributor asked.

DCBL don't make appointments to call and their chaps turn up early morning etc when someone is in - in bed most likely. If they can't get paid in total they will set up a payment instalment plan and call again if the debtors renege. Or they will seize assets if there are any - cars etc.

Go for it. Good luck.

CMS View Profile

11:02 AM, 18th June 2022, About 2 months ago

Reply to the comment left by Anne Nixon at 18/06/2022 - 10:39
Hi Annethats absolutely fine i am happy to look at your matter and if i can find a way forward for you i am happy to help you with it. I will email Mark Alexander and ask him to pass on my email address if thats ok. Email me you email and number and any of the copy documents you have and i will have a look over them for nothing for you. Best, Charles

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