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 weeks 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

LordOf TheManor

11:59 AM, 18th June 2022, About 2 weeks ago

Reply to CMS

Thank you for your kind response. Yes, I have CCJs against both of them for multiple £1000s. You are correct in stating that I need to find out more about their assets and their places of work. That is what I plan to do but I'm struggling to find out how I do that. Could you please ask Mark Alexander to pass on your email address to me, too? Thanks.

DCBL have attended both. For the £90 or so mentioned by Richard Adams, DCBL attend 3 times. The law now means that debtors have to be notified in advance of bailiffs' visits. There is no surprise sprung on debtors any more, so HCEOs are no better than standard bailiffs now.

During the pandemic there was a moratorium on debt collection which delayed the third and final visit. At all three visits, the bailiffs remarked that they believed someone to be in the property. That someone didn't answer the door - and the reason for that is obvious, isn't it?

I'm not giving up yet. I'm heartened to see Anne Nixon isn't either.

Darren Peters

12:19 PM, 18th June 2022, About 2 weeks ago

Here's a thought, ensure DCBL is due at lunch or supper time, order a Deliveroo/Uber eats for your tenant at the same time. Let the bailiff know the plan so they can capitalise on the confusion.

I'll name this the McBailiff double Whopper.

Richard Adams

12:25 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by LordOf TheManor at 18/06/2022 - 11:59
Yes bailiffs have to serve notice of visiting in advance - 7 days? - but not provide the precise time when their attendance will happen. They cannot do this accurately anyway. DCBL have always done this so nothing new like you say. When instructed by the likes of you they write to the debtor telling them they will receive a visit if they have not paid what is owed so debtor is notified and law complied with. DCBL have never failed me and they sorted some real nasties out for me. If the debtor is prepared to never answer the door to anyone by hiding behind the sofa 24/7 or never go out to work or shop etc then maybe he/she can avoid paying? If you have tried DCBL and they were unable to get a result there remain actions that can be taken but I would not dream of airing them in this forum.

DALE ROBERTS

15:03 PM, 18th June 2022, About 2 weeks ago

I would be extremely grateful if Lord of the Manor and Anne Nixon could keep this forum informed of any success in collecting their CCJ debts. I too have a CCJ of over GBP16 000 owed to me by a past "professional" rogue tenant and am keen to follow through on this CCJ but am hampered by not being a UK resident.

CMS

15:52 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by DALE ROBERTS at 18/06/2022 - 15:03
do you mind if i ask where you are based? Best,

CMS

15:56 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by LordOf TheManor at 18/06/2022 - 11:59
Yes that's absolutely fine. I will ask Mark A to forward my email address to you and, as with my request to Anne, email me the documents including the original claim if possible and i will give it a review for free and tell you what i think should be your next step.

You're right to not give up! The debt is owed and has been confirmed as such by the courts i am pretty sure i will be able to at least give you and Anne ideas of how to deal with this going forward. Best,

LordOf TheManor

16:48 PM, 18th June 2022, About 2 weeks ago

Charles: Thank you again - and thanks for the moral support, too.

Dale: I've no issues in sharing the outcome of where things go from here with my two wrong'uns - however, it might not all be relevant to post on this site. I'm happy for Mark A to put you in touch with me by email for whatever comes next.

I'll post again with anything on this subject for general consumption.

Thank you everyone for your interest and input. All much appreciated!

Anne Nixon

18:52 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by CMS at 18/06/2022 - 11:02
Hi
Thanks for your offer to help, that's much appreciated and of course I will share the outcome on here.
Looking back through my emails I enlisted the services of DCB Ltd several times between July 2020 and November 2021 but no luck as the debtors didn't answer the door.
I will certainly pass on to you everything I have regarding all of the CCJs I achieved.
I am based in the North of England.
Many thanks

Anne Nixon

18:55 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by DALE ROBERTS at 18/06/2022 - 15:03
Yes of course Dale, I will do that.

CMS

19:11 PM, 18th June 2022, About 2 weeks ago

Reply to the comment left by Anne Nixon at 18/06/2022 - 18:52
Great. As soon as i have the documents i will have a look for you and give you a view and a proposed way forward im pretty sure. Best, Charles

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