Help enforcing CCJ
Comments
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Forgive my possible ignorance, but doesn't an "investment" carry the risk of losing the money you put in?
Absolutely. I agree with you on that.
It's just when the debtor says he can't repay the money and has heaps of debt yet manages 3 to 4 swanky holidays a year and drives a fancy 4 x 4 which makes me a bit angry.
He has 3 houses, 1 he lives in, 2 are rented out, so him saying he can't pay me back (and possibly other people he owes to) sounds a bit much.0 -
Why have overlooked serving a statutory demand ?
For a 10 grand debt, £700 is a good investment.
He either pays or is made bankrupt, all his assets, bank accounts and properties are seized and sold to pay you.
Bailiffs can be ignored 3 times and you are back to square 1.
A statutory demand calls him out on his bluff.I do Contracts, all day every day.0 -
Absolutely. I agree with you on that.
It's just when the debtor says he can't repay the money and has heaps of debt yet manages 3 to 4 swanky holidays a year and drives a fancy 4 x 4 which makes me a bit angry.
He has 3 houses, 1 he lives in, 2 are rented out, so him saying he can't pay me back (and possibly other people he owes to) sounds a bit much.
Huh? You can't agree with me because you obtained a CCJ against him because you lost money which was "invested" :huh:0 -
He is giving me enough money each month to cover the interest which is about £100 since I applied for CCJ.
Just a note because this jumped out at me - unless the original contract allowed for interest in your direction AND you jumped through all the correct hoops to claim interest during the CCJ process, interest isn't payable on CCJs, so he's not just covering the interest - he's clearing the debt at £100 a month.0 -
Just a note because this jumped out at me - unless the original contract allowed for interest in your direction AND you jumped through all the correct hoops to claim interest during the CCJ process, interest isn't payable on CCJs, so he's not just covering the interest - he's clearing the debt at £100 a month.
Hi
County court CCJs for more than £5k automatically carry interest at the rate of 8%. This is automatic. There are no hoops to jump through for the Op to get this.
The rules on pre-judgment interest (i.e. interest covering the period between the date on which the debt was due and the date of the CCJ) are slightly different. There is a hoop to jump through as you have to claim interest when you issue the claim. But it is pretty easy really - assuming the Op used the moneyclaimonline system, he/she simply needed to tick a box.0 -
steampowered wrote: »Hi
County court CCJs for more than £5k automatically carry interest at the rate of 8%. This is automatic. There are no hoops to jump through for the Op to get this.
The rules on pre-judgment interest (i.e. interest covering the period between the date on which the debt was due and the date of the CCJ) are slightly different. There is a hoop to jump through as you have to claim interest when you issue the claim. But it is pretty easy really - assuming the Op used the moneyclaimonline system, he/she simply needed to tick a box.
Yes, thanks. I did this with my friend who is a solicitor and he made me tick that box. It made us work out the interest as well. I was umming and ahhing as to whether or not to charge the interest but in the end I thought why not, he has made me jump through hoop after hoop, so I will return the favour.0 -
Huh? You can't agree with me because you obtained a CCJ against him because you lost money which was "invested" :huh:
No I agree that investments carry a risk. If he was genuine in dire straits and had ended up losing everything and was not able to pay me back, I would understand.
This debtor is flying around the world with his family and driving around in expensive cars.0 -
Is it possible for the debtor to say he came to an arrangement with the CC once I had got my CCJ against him. As noted, he has been paying me back £100 per month. He is saying this was agreed with the CC. I had no knowledge of this agreement apart from getting the £100 dropped into my bank account every month. Surely any agreement should be made with me right?
£100 is better than nothing I know but I had no agreement with him. The debtor is now contacting the HCEO office saying how dare they go to his property and how dare I instruct them when he is paying me back £100 a month.
Any advice?0 -
Is it possible for the debtor to say he came to an arrangement with the CC once I had got my CCJ against him. As noted, he has been paying me back £100 per month. He is saying this was agreed with the CC. I had no knowledge of this agreement apart from getting the £100 dropped into my bank account every month. Surely any agreement should be made with me right?
£100 is better than nothing I know but I had no agreement with him. The debtor is now contacting the HCEO office saying how dare they go to his property and how dare I instruct them when he is paying me back £100 a month.
Any advice?
Ignore him. If you are concerned speak to the HCEO. I am sure they will put your mind at rest.
PS I would take his concern as a good sign.0 -
Is it possible for the debtor to say he came to an arrangement with the CC once I had got my CCJ against him. As noted, he has been paying me back £100 per month. He is saying this was agreed with the CC. I had no knowledge of this agreement apart from getting the £100 dropped into my bank account every month. Surely any agreement should be made with me right?
£100 is better than nothing I know but I had no agreement with him. The debtor is now contacting the HCEO office saying how dare they go to his property and how dare I instruct them when he is paying me back £100 a month.
Any advice?
If the county court judgement had been varied to an order to pay by instalments of £100 per month, then you would not have been allowed to escalate this to the High Court. You would have been allowed to apply for a charging order.
Presumably the ccj says 'payment forthwith'
If he had applied (on a N245) to vary the order, then you would have been asked to approve this and if you did not agree there would have been a hearing. It's a bit of a process, which is why the courts charge £50 for it.
It's unlikely the courts would have accepted £100 per month on a 10k+ debt, unless you agreed to it, as the repayment period (over 8 years) would not be deemed 'reasonable'0
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