1st Class Bailiffs Articles

We often get calls from members of the public asking how to enforce their CCJ’s.

We often get calls from members of the public asking how to enforce their CCJ’s.

The usual scenario is the creditor issues a claim in the county court and gains a judgement. The copy of the judgement is then sent to the defendant who subsequently does not pay!

The creditor is then faced with the difficult decision on what to do next. This could be from a rouge tradesman, a tribunal award or for any type of debt. Sometimes the defendant will be unable to pay and your next move just means you are throwing good money after bad.

What are your options

1/ An attachment of earnings if you know where the defendant lives and where they work (if they move jobs the whole enforcement thing must start again).

2/ A Charging Order on property. The defendant obviously needs to have some equity in the property and it is unlikely you can force a sale so you could be waiting a long time for your money

3/ A Third Party Debt Order This is where you can serve an order on a individual or company that holds money for the defendant ie a bank holding the defendants account. This is however only good for the day that it is served so if the defendant does not have money in today but gets some tomorrow you will miss out.

4/ Send in the County Court Bailiff for aprox £100 you can send in the county court bailiff to seize goods to the value of the debt and costs. County Court bailiffs are civil servants and get paid the same regardless of success so most creditors do not find them as effectual as other types of bailiff.

5/ If the debt is for £600 or more transfer to High Court for the High Court Enforcement Officers to Execute. High Court Enforcement officers will transfer the debt to the High Court for you and execute the Writ they obtain. The High Court Officers are allowed to add fees to the debt which the defendant will have to pay. If there are insufficient goods or the debtor has gone away, or the officer can not gain entry you will be charged an abortive fee of £60 plus vat.

6/ Attend Court for Questioning You can obtain an order to have personally served on the defendant or a director of the defendants company. This will require them to attend court at a given time and date where you or an officer of the court can ask them questions under oath about there finances and assets. This sometimes proves useful but in reality depends upon the defendant telling the truth. If the defendant fails to turn up there the threat of prison although this power is rarely used.

7/ Get a status report completed You can get one of our officers/Investigators to conduct a status report on your defendant to give you enough information to make a decision on the best form of enforcement this costs around £55 plus vat

We can assist with High Court Enforcement, status reports and the service of any Orders
Just telephone us on 0844 484 1450

One of National Enforcements Bailiffs took out Richard Heap from Property Week to do some bailiff visits in and around London. We talked about the new Commercial Rent legislation known as CRAR Commercial Rent Arrears Recovery and the realities of life at the sharp end.

See the full article http://www.propertyweek.com/story.asp?storycode=3154551

National Enforcement Services, the first franchised bailiff operation in the UK, has extended its operation to Derby where Andy Gillott will take forward the company’s second franchise venture.

Father of one Andy has joined forces with his mentor and owner of Darlington-based NES Andy Coates to provide services across the Derby and Nottingham areas such as, surveillance, debt collection, process serving, trespasser evictions, commercial rent arrears collection, repossessions, and tracing.

Andy, a former car production worker, met Andy Coates when he left the manufacturing industry in 2003 to pursue a career as a private investigator. He shadowed the NES boss, who recognised Andy’s potential as not only an investigator but as a bailiff, and began training for the recognised bailiff industry qualification.

After six years of being a sub-contracted enforcer, Andy jumped at the chance at not only being his own boss, but at helping his mentor and friend expand his business.

He is already seeing the benefits of joining NES; he has access to their web-based computer system, their client workload, the use of the most up-to-date technology, and can now offer additional services to his clientele.

Currently employing one full-time staff member, Andy has seen business boom and hopes to fulfil his ambition of creating five jobs in the coming years.

Andy, 41, said: “I never thought I would have my own franchise, I’m not academically gifted but I have the drive and determination to succeed.

“I really enjoy working for myself, it’s definitely a world away from the hard factory slog; I can choose my times of work and have no-one to answer to as long as I do my job to the best standard possible and within the law.

“It takes certain qualities for someone to be a bailiff, you need to be firm but fair and know when people are telling lies because they can tell you every story under the sun.

“When Andy approached me about the franchise opportunity, I said yes straight away, I trust him and when he says he is going to do something, he does it. I am so pleased with the way the business has developed so far, it was the best decision I ever made joining the NES team.”

Andy Coates, National Enforcement Services managing director, said: “Franchising is definitely the way forward for us and I am pleased that Andy is recognising the benefits of coming on board with NES, so close to signing our first franchisee in the North-East only three months ago.

“I have known Andy for a number of years and it is a great feeling to know that someone I mentored is now helping us to expand and provide our services across the Derby area.”

Shocked bailiffs from National Enforcement Services, the UK’s first franchised bailiff operation, are urging landlords to add a resolution with a difference to their New Year’s list.

Property owners are being warned to check how their buildings are being used in 2010 after bailiffs found a lot more than they bargained for in properties around the country.

Brothels, credit card scams, and even drugs houses have been uncovered by unsuspecting NES bailiffs who, instead of finding a non-paying tenant, have found themselves contacting police from a crime scene.

Andy Coates, Director of North-East based NES, has had to break the news to unwary landlords who presumed their property was being used as an office or home, sending in the qualified bailiffs to take possession of the property due to longstanding arrears.

Andy, who has been a bailiff and private investigator for the last twenty years, has seen some strange things during his career but even he admits to being shocked when he got the call to say his field officers had come across a brothel.

He said: “I couldn’t believe it when the team rang to say that they had found a brothel, I was shocked, and it definitely got a few raised eyebrows in the office.

“What’s worse is that landlords aren’t checking what their properties are being used for, which can have major implications on them if they are being used for criminal means.

“I would urge landlords to make it their New Year’s resolution to check and double check that their buildings are being used for the correct means. It shouldn’t be down to our qualified bailiffs to call a landlord and make them aware of what is going on.”

National Enforcement Services is flying the flag for the North-East and defying the recession by continuing to expand its bailiff franchise operation throughout the UK.

NES has signed three bailiff franchisees covering Newcastle, Derby and Nottingham, and Preston since it launched the UK’s first ever bailiff franchise operation in October last year from its base in Darlington, Durham.

Local entrepreneur Andy Coates, who has over twenty years experience in the bailiff and private investigation industries, has been inundated with calls and visits from people across the country wanting to start their own franchise.

The launch into a niche market only three months ago has been extremely successful for the firm, which is bucking the economic trend at a time when many businesses in the region are scaling down.

The firm is well on its way to reaching its target of ninety franchises in five years with franchise operations currently in the pipeline for Hampshire and Northumberland, proving that any sound business model can be franchised.

Director Andy Coates said: “I am proud to be based in the North East and putting the area on the business map in the bailiff industry.

“I took a bold step in franchising the business, planning for two years prior to the expansion and am I delighted with the success so far. I think this is the year for the North East to pull itself out of the recession, and hope that, as a business, we can help in that plight.”

The Landlords right to distrain against their tenant for rent arrears has been abolished. It has been replaced by a new procedure although this has not yet come into action yet. The procedure will come under the banner of Tribunals, Courts and Enforcement Act 2007 and is called Commercial Rent Arrears Recovery “CRAR”. This broadly follows similar rules to Distress for Rent but there are a few differences as follows

1/ CRAR can only be used for the collection of Rent not electric, Insurance or Service charges.

2/ Certificated Bailiffs will be Certificated in a similar manner to the present procedure but will be known as “Certificated Enforcement Officers”

3/ Prior to the Commencement of CRAR a Notice of Enforcement must be served on the debtor by the Enforcement Officer

4/ CRAR can only be used if the balance is above a minimum level

5/ Only a Certificated Enforcement Officer can take control of goods and even then only goods belonging to the debtor

6/ The Certificated Enforcement Officer may not take control of goods which exceed the value of the debt plus costs

7/ New rules will be brought in with regard to fees and the way that goods are dealt with and sold

8/ Statutory damages will be allowed to be claimed if the debtor moves goods that have been seized or if the Certificated Enforcement Officer breaches any rules.

9/ An upfront fee (yet to be determined) may have to be paid to the Certificated Enforcement Officer before the debtor is visited

National Enforcement have been delivierng a series of training seminars to clients and other organisations about these new laws and the effects upon the collection and recovery process.

We have provided courses for Local Authorities arouind the country. We have also done seminars for surveyors and solcitors in Leeds, Newcastle, Darlington and for Northumbria University.

We will provide more details in a future article

 

National Enforcement Services (NES), one of the UK’s leading providers of bailiff and private investigation services, is calling on the Government to reform the County Court bailiff service as thousands of people are left with monies owed, as the County Court system seems to be buckling under pressure. 

 

The firm received over 4,000 calls last year from creditors wanting to use private bailiffs after finding that the County Court system failed to recoup outstanding funds from debtors.   National Enforcement Services is labelling the current system as ‘inadequate’ and unable to meet the growing number of County Court Judgements (CCJs), which deal with claims of under £600, in an acceptable timescale.

 

Due to the increase in the number of home repossessions, civil servants at the County Courts are giving priority to repossession warrants, leaving other claims to languish as lower priority, with thousands of claims being left unanswered.

 

Andy Coates, Chief Executive Officer of National Enforcement Services said:  “The County Court system is presently overwhelmed by claims on repossessions, with the result being that other claims are not being dealt with effectively.   NES is offering a real solution to those people who believe their claim needs greater attention”.

 

The County Courts charge £100 to try and collect the monies owed, but often the ‘softly softly’ approach of just leaving a letter for the debtor does not bring results.

 

NES has developed a new service, the Judgement Recovery Package, for just £45.00.  For this package, NES gives priority to customers who are otherwise being left behind by the County Court System.  A key factor of the service is to research the actual situation of the debtor by asset checking and photographing the debtor’s possessions.  The unique online, from site report carried out by the NES bailiff allows clients to view the status of the debtor at any time.  A written report is given to the client after 3 working days, with NES bailiffs visiting the debtor’s location upto a further two times, if necessary.

 

Andy Coates adds: “The success rate is higher because we use more advanced methods to secure monies owed to the creditor.  On average, it takes 30 days for the County Court system to even address a claim, whereas our approach is quicker, more efficient and importantly for the creditor, brings better results”.

 

A Bigger Splash, a company which sells spas, swimming pools, saunas and steam rooms from its base in Brompton-on Swale near Richmond has used the Judgement Recovery package. 

 

Partner Michelle Hammond said:   “We have used the County Court in the past if it has been necessary to pursue bad debts but have always been frustrated by a lack of success.  

 

“A recent judgement was made in our favour but the debtor just ignored it.    We asked NES for advice and were made aware of the Judgement Recovery Package.    It was completely effective and we were paid the money we were owed in a short space of time.

 

“Non payment of debts is a big issue for a lot of small and medium sized businesses and I would recommend this service to anyone.”

 

The Judgement Recovery Package will soon be available across the UK.

National Enforcement Services (NES), one of the UK’s leading bailiff, debt collection and private investigation services, is witnessing a huge rise in the number of people wanting to become a bailiff or private investigator as the recession starts to bite.

 

The bailiff firm has been operating training courses for bailiffs since 2004, with enquiries increasing so much in the past 12 months that courses are becoming full months in advance. Demand for the courses is so high that more courses have been made available for early 2010 to meet the growing needs of the industry.

 

It is now estimated that there are over 3000 Certificated Bailiffs in the UK, with over 100 now qualifying each year through the NES training schemes. NES recently launched a bailiff franchising operation across England and Wales, which allows the trained bailiffs to run their own business under support and guidance from NES.

 

The courses are giving people the chance to become a 21^st Century Sherlock Holmes by being taught the latest tracing techniques using high-tech equipment and software. The techniques are not only used to recoup unpaid debts but can  also be implemented to locate missing persons for either personal or financial reasons  – an area of the business that is growing.

 

CEO of National Enforcement Services, Andy Coates, said: “The current economic climate has led to an increase in the amount of work to be carried out by a bailiff. The training courses provide applicants with the necessary skills to become a fully Certificated Bailiff or to use the latest equipment to trace individuals or debtors.

 

“Working as a bailiff can be incredibly rewarding, it can also be arduous and difficult. We are looking for people who are committed, hard-working and maintain a positive attitude in dealing with people.”

 

For a comprehensive list on all the work carried out by National Enforcement services visit www.enforcementofficers.co.uk or to enquire about booking a place on a bailiff or private investigation course please call 0844 484 1450

As one of the leading Rent Recovery UK Bailiff companies. We are often asked our opinion where the landlord rents out property to Tenant “A” who without the consent of their landlord and contrary to the lease then lets the property to a sub tenant now Tenant “B”. The rent becomes due and is not paid the tenant has no goods in the property what can be done???????????

 

 

 

A/ Distrain

We can distrain on any goods no matter who they belong to at the property subject to statutory exemptions, protected goods and exclusions under DRAA  1908. However an unlawful occupations is usually treated as not excluded under the above act therefore we can distrain against Tenant “B” goods

 

B/ Forfeiture of Lease

 

Our bailiffs can go in an take possession of the property subject to the forfeiture clause contained in the lease for as breach.

 

C/ Statutory Demand

We can draw up a statutory demand under the Insolvency Act 1986 (Part of the bankruptcy procedure) and serve this upon Tenant “A” to get them to pay

 

D/ Section 6 Notice

 

We can serve a notice under Section 6 of DRAA which will force Tenant “B” to pay future and accrued rent to the superior landlord

 

E/ Issue A claim form

 

You can issue a claim in the County or High Court depending on the figures to get your money back.

 

F/ Chase the Guarantor

 

If you can not get the money by the above methods and you have a guarantor you can then pursue the guarantor

 

 

 

 

 

 

National Enforcement Services, one of the UK’s leading bailiff and private investigation services, is reporting a rise in the number of properties being unlawfully sub-let.

The bailiff and debt collection firm, which is based in Manchester, has seen an increase in commercial property tenants letting out a facility to another party against the conditions set out in their tenancy agreement.

A property may only be sub-let under the terms of the lease if the landlord has given express permission in writing. However many commercial tenants are flouting the agreed terms of their contract.

In a situation where a property is being sublet, the landlord becomes the head landlord and the tenant becomes a mesne tenant.

However, if the individual who is inside the premises at the time of the debt collection is not the tenant, then it is the responsibility of the landlord to evict them.

National Enforcement Services carries out a range of actions, which also include carrying out evictions as well as collection of monies owed.

Andy Coates, CEO of National Enforcement Services , said: “It is concerning that so many properties we see are not being run or operated by the tenant under the terms of the original lease.

He added, “The landlord must be aware of who is letting their premises at all times and be aware it is their responsibility to evict a tenant if that tenant is flouting the sub-letting clause of their agreements.”