Bailiff / Warrant of control / Debt

[babyjoules]

Sorry, me again - on a mission today to get my ex to pay the money he owes me and our child! :)

Mt ex has on two separate occasions for two separate Court hearings/matters been Ordered to pay my legal fees as he was shown to be unreasonable and the court found in my favour. The Court Orders specifically state he must pay me X amount on X date. Both dates passed over 6 months ago and he has not paid a penny. I now wish to try and get the money he owes me.

I have looked at my options online. He has just quit his job so a attachment of earnings is no use, it seems a "Warrant of control" is my best bet - for Bailiffs to go to him and try and get the money / take his goods. The total debt is around £900 (plus a few hundred fees and charges). He has recently refurnished his property, has a laptop other nice gadgets and has a car which he always parks outside probably worth about £2000.

If anyone knows about the above please could you tell me:

1. As there are two debts as such (two different Court Orders, althoughg both made by the same County Court only weeks apart) do I need to do a separate application/pay a separate £100 court fee for each or can I lump them together?
   

1. He used to work for a Debt collection agency, he knows about Bailiffs and his rights, he will not let them in. The Court application form for a warrant of control asks for any details to be passed to the Bailiff - if I give them his car etails and reg can they run a check with DVLA before they attend so they are satisfied he is the owner and then can they take control of it when he refuses to pay up/let them in?
   

Thank you - any other advice greatly received.

[astewart]

Not sure on your first question as I have no experience.
Second question, I used The Sherriffs office off the TV. My debt was for around 750, I wasn't really interested in the money owed to be honest, I just wanted to teach him he wasn't above the law
He ignored all letters from the court, from the bailiffs and when they went round he refused them entry? Eventually they seized his 7000 car. The fees racked up and before he knew I he owed 3000, he had a choice to pay up or the car would be sold, he refused to pay again instead trying to lie that the car wasn't his, after disputing it in court and paying out yet more fees he car was eventually sold and yes, it was sold at a shortfall and he still owes te baillifs! I'm yet to receive any money until he can agree to a payment plan for the shortfall.
It's taken over a year and sometimes I wish I hadn't bothered. Hopefully there's an end in sight.
I just wanted to wish you good luck

[lissa1511]

Hi, I would also say that The Sheriffs Office is your better option as they only get paid their fees if they manage to collect whereas the court bailiffs are salaried civil servants so have less of an incentive to collect as they get paid at the end of each month regardless. They are also cheaper to instruct, only £60 per writ of control (they transfer your case to the High Court for enforcement, so they use a High Court writ not a warrant).

With regards to your first question, if the two court orders were issued using the same claim number then you can combine them, however if there are two separate claim numbers then you will need to get two writs, but the Sheriffs will complete the paperwork & do that for you.

It's always advisable to tell the Sheriffs everything you know about your ex, including the make/model & reg number of the car. They can run a DVLA and a HPI check to see who the registered keeper is and make sure it's not on finance. If it is on finance they can't take it.

I will send you a PM with their contact details on, give them a call and they will take you through it.

Good luck

[astewart]

They took the car I told them about on finance and sold it. He tried to claim it was a relatives and whilst he submitted endless paperwork to prove so, he failed to submit the correct court papers in the allocated time, so it was sold.

[babyjoules]

Thank you both.

Astewart, it's helpful to hear your personal experience - glad you got the outcome you needed!

His car is paid for, not on finance so hopefully that will be easier.

Lisa1511 - Thank you too. The two Court Orders do both have the same reference/claim number. Basically I got a Court Order and he didn't comply, so I had to return to Court twice about the same case and each time he was ordered to pay my costs for being an idiot, basically. So it appears I can lump the two sums together, which makes it easier :)

I had read that if the debt is over £600 (which it is) I can do this through the high Court. I'm just a little confused, do I contact the Sheriffs Officer direct or do I make a Court application via the High Court - or are they the same thing?

[babyjoules]

Sorry - just saw your PM Thank you so much - exactly what I needed :)

I'll let you know how it goes!

[lissa1511]

Your welcome babyjoules, hope all goes well