Have you secured a County Court Judgment that remains unpaid? Debtor ignoring the courts? We collect and enforce any unpaid CCJ on a "no collection, no commission basis".
Legal action is often seen as the final step in the debt recovery process, but ask anyone who has ever secured a County Court Judgment and they will tell you that this is often not the case. At Safe Collections we have over twenty five years of experience in enforcing and collecting Judgment debts on behalf of our client base. We know every option available to a creditor to secure payment and we will actively profile your debtor to ascertain the most cost effective method of enforcement.
Unlike using a solicitor to enforce a judgement, we do not charge by the hour and we will collect your CCJ's on a no collection, no commission basis*.
What are the benefits?
We constantly profile your debtor to identify the most cost effective method of collection & enforcement.
Our experienced collections team are often able to recover CCJs amicably avoiding any extra costs.
When the time comes we will liaise with the bailiffs or High Court Enforcement Officers working on your case.
Get Expert Advice
When enforcing a CCJ you have many options, our knowledgeable team will help you make the right choice.
Avoid Costly Mistakes
We know that clients are often cost conscious, that is why we always seek to minimise your additional costs.
Increase Your Cashflow
Instruct us today and turn your unpaid CCJs into money in the bank on a no collection = no commission basis.
Here at Safe Collections we will use every tool in our enforcement armory to ensure your debtor pays what is owed. But every situation is different and as such calls for a unique approach.
If you want to know more about the various options we use to secure payment of a County Court Judgment they are outlined below:
Previously known as an Oral Exam, an Order to Obtain Information is a method we can use to investigate the assets of a debtor.
For a fixed fee your debtor will be summoned to court to be interviewed at length by a senior court official or District Judge about their assets. If the debtor is a Limited Company the Managing Director or a senior Management figure will be summoned to answer questions about the company's assets.
If the debtor does not co-operate with the court it is possible the matter may be referred to a higher judge, usually a circuit judge, who can issue a fine or even send the debtor to prison for up to 14 days.
The order can be a very effective way to investigate the debtor's assets, as the interview is conducted under oath. The inconvenience of being summoned to court plus the very real penalties for failing to attend can often be all that is required to bring forth payment.
For any County Court Judgment with a value in excess £600 is suitable to be "Transferred Up" to the High Court for enforcement.
We will act in association with our fully accredited and authorised High Court Enforcement partners to seize any physical assets your debtor may hold. A High Court Enforcement Officer (HCEO) has very different powers to those of a Bailiff employed by the County Court and can:
Force entry to Commercial Premises on the first visit to levy on or remove goods providing the property is not physically attached to or forms any part of a residential dwelling.
Climb fences, walls or gates to access the grounds of a Residential Premises and subsequently use any open window or door to gain peaceful admittance.
Once inside a Residential Premises the HCEO can break down internal doors to seek out and levy on the debtor's goods or assets.
Force entry into any outbuilding, barn, garage, stables or other structure found on a debtor's property, provided it is not attached to a Residential Premises and does not form any part of the dwelling.
A High Court Enforcement Officer will seek to recover all of their considerable fees from your debtor, these added costs in combination with the more purposeful enforcement action they take, will often help focus the mind of your debtor in a very short time.
An Attachment of Earnings is an extremely effective recovery tool against a debtor who is employed (but not self employed).
Put simply, a fixed amount is collected from the debtor's employer on a weekly or monthly basis and transferred to you, the creditor. This is achieved by means of a two part action.
Initially the court will instruct a debtor to complete a form illustrating their incoming funds and outgoing costs, this is called a statement of means. Should the debtor refuse to co-operate the court may require them to attend to provide this information. Again if the debtor fails to comply with the courts direction it is possible that they can be sent to prison for up to 14 days or fined for not supplying the information.
Once the information is received from the debtor the court will set a Protected Earnings threshold, which enables your debtor to cover their basic living expenses. From the remainder the court will decide on a suitable monthly repayment amount and will instruct the debtors employer to pay this amount direct to you.
This avenue of enforcement is extremely effective, however it may take longer to recoup the full amount than some of the other options available.
Some debt collection companies will say that the most effective means to enforce a Judgment in excess of £750 against a private individual is to instigate Personal Bankruptcy proceedings.
We do not agree.
Personal Bankruptcy proceedings will almost never result in an unsecured creditor receiving payment and any agency that tries to tell you anything to the contrary will often have an ulterior motive. Even if you are the creditor that instigates the proceedings you will not become a "preferential" creditor (such as a mortgagee) and your Judgment will remain unsecured. Whilst in theory it is possible that unsecured creditors will receive a payment after all preferential creditors, in practice this is very rarely the case unless the individual in question has significant assets within the UK and crucially that are not ultimately owned by another entity.
As a general rule we will not recommend this course of action to our client's as the fees are considerable, often in the region of £1500-£2500 and the likelihood of seeing any return on the investment is negligible.
However if your debtor has considerable assets or cash reserves it can be profitable to pursue this avenue of enforcement.
The above list is certainly not exhaustive and is merely an illustration of the enforcement options available to turn an unpaid County Court Judgment into money in the bank. If your company has any unpaid CCJ's issued in the last six years why not contact our team for a free, no pressure consultation.