To give a debt to bailiffs?

[AngelApples]

I’m interested in what others think I should do next. I recently submitted an online small claims court application for £400 that someone owes to me. They’ve admitted liability over email and text and promised to pay many times for over a year (also by messages), so I thought enough is enough and put the claim in.

Unfortunately it’s against the woman’s company and she’s the director. The company address is her house.

The court will find in my favour, given the contract and evidence. I think she probably will try to avoid paying. Would you send bailiffs to her house?

To be honest, it’s now less about the actual money and more about keeping someone to their obligations.

I have heard that I can “sell” the debt to bailiffs, so I think that’s what I might do. Would be interested to hear it anyone has done this? AIBU when I’ve tried everything else possible to get the debt settled?

What is her situation, do you know? No experience in this but in your shoes I would send the bailiffs round. I cannot stand people that don't pay their debts if they can actually afford to (I know plenty of people that could pay debt off outright but lie and pay £5 per month to companies that will ultimately suffer because of it, they have to put food on the table too!).

If she genuinely cannot afford to pay the debt I would offer to set up a payment plan say that it is a final warning.

Bailiffs will often seize goods if people don't have the money to pay for things, which to be honest I think is fair.

If the judgement is awarded at court, you don’t sell the debt to the bailiffs, they enforce the judgment.

If there is no way to recover the costs, they charge you a bit extra and that’s the end of it. There is a difference between county court and high court bailiffs and how they operate.

Yanbu. Bailiffs won't immediately take her stuff, they will offer a repayment plan that she will have to stick to. You shouldn't be out of pocket because of someone else's actions.

Bailiffs won't immediately take her stuff, they will offer a repayment plan that she will have to stick to.

If she agrees to it when they turn up. I know somebody who had bailiffs at their door and thought the problem would go away, they weren't high court so she drove off and they came round again a few days later. Debt had lept up due to a 2nd bailiff visit. She refused a payment plan so they said they would just take her car.

Once the clamps came out they paid in full.

Obviously this wouldn't be the case if somebody agrees a payment plan. They will normally need a good down payment though e.g. half of the debt.

Give her a chance to respond to CCJ first. The threat of a CCJ might be enough to get her to cough up.

If not, you have to option to pay to take it to the high court I believe and those bailiffs have more power.

She may think she doesn’t have to pay as she could close her small business instead. I think from Facebook she hasn’t been doing much recently as she had another baby in January. Hopefully a CCJ against the company will go against her name on her credit record!

She’s currently selling her house, so is upsizing I imagine. Hopefully the idea of the CCJ will have an impact on her ability to get a mortgage!

Anyway, I hope she just pays the money she owes and admitted she owed and lied about paying. Thanks all

I would escalate it and send the sheriffs round

Depends on how she set up the company. I set mine up so that if I was in that woman’s position the CCJ would be in the company name not mine and I could walk away “clean”

Why not get a Judgement then transfer up to a High Court Writ of Control?

£66 court fee. If unsuccessful you pay £90 abortive fee. They can seize goods and have more powers. However they could only remove assets that are in the company name, which is unlikely unless she works and trades from home where there would be assets.

If she’s a limited company - that’s who is liable for the debt - not her personally. They can only seize company goods.

It sounds like the claim hasn’t gone through yet (am assuming you used money claim online), so wait and see. I’ve had to do this several times and never had anyone not pay up.

Would you send bailiffs to her house?

I would. But DH is a bailiff. She's had/She'll have plenty of opportunity to pay up before enforcement agents turn up.

If you're going the County Court route you'll need to follow their procedures. The court's own bailiffs will try and enforce payment (for a fee). You don't "sell the debt on".

www.gov.uk/make-court-claim-for-money/enforce-a-judgment

I would not send bailiffs to someone’s house who is due/has recently had a baby.
Just me personally

The CCJ could well count against her if it is associated with her name and is placed against her home address.

I would not send bailiffs to someone’s house who is due/has recently had a baby.

Women who are pregnant (I think) 30 weeks + and then up to 6 weeks postpartum can have a temporary hold put on enforcement. The enforcement agent may decide to not enforce at this time or will be more inclined to accept a payment plan.