Help!!

ssj

Hi,
I’ve posted under a different username to my normal one in case my ‘friend’ recognises it as it contains my actual name! I was wondering if anyone has ever been in a similar situation and how they managed to sort it out.
About 5 years ago a friend asked me to take a loan out as they couldn’t get one. They promised to pay me back the monthly repayments as normal so it shouldn’t affect me. At the time I was going through a very bad family situation and wasn’t thinking straight so agreed.
I never received a single payment from this person and I went to a solicitor and managed to get a CCJ against this person who was ordered to repay the full loan including interest and costs.
Thing is, even with a CCJ this person has never paid me a single penny even 4 ½ years later. They’ve promised to pay me back but it never surfaces.
Now I’m wondering is there anything I can do to enforce this CCJ? I’ve got a 20k secured loan of my own to repay and getting the money they owe me would go a long way to paying this back and making my life easier as I’ve got plenty of debts to struggle with of my own! I feel so stupid that I ever let this happen but what I was going through at the time was so awful and I’d have said yes to anything probably. They knew about this and probably took advantage of my state.
Hope somebody can help!! I’m probably going to go to a solicitor again to get more advice but would love to hear from anyone who has been in a similar situation or someone with legal knowledge!!
Thanks,
SSJ

boredofbeingathome

A very difficult one. There are a few things i can think of, such as small claims court and also Baillifs to enforce it after that..but there would be costs on top.
Sorry don't really know much else, my uncle did something similar to his BIL and he coughed up.

ssj

Thanks for replying so quickly. I think I would be prepared to pay some costs as it is a huge amount of money (well it is to me) and even if I got the majority back I would be relieved!! The amount of nights that I've lied awake and cried over this, it would be a relief to put it behind me!

SSJ x

terryw

As you have a CCJ against this person, you can use the court enforcement procedures against this person. This is still no guarantee of getting your money, but they are worth a try for a relatively small cost. The forms themselves are quite user- friendly and no legal knowledge is required to complete them. Possible alternatives are:
1. Send the bailiffs in. But a waste of money if your ex-friend has "no goods" or a cute partner will say that everything belongs to them not the debtor.
2. Attachment of earnings if they are in a job and unlikely to be able to change this once the deductions start.
3. Charging Order order if they own their own property even with a mortgage. You will be a preferred creditor once the house is sold at some time in the future. This won't get the money now but will certainly concentrate their mind!
4. An Order to obtain information can be useful in deciding which way to go. Not turning up for this can be seen as contempt and lead to arrest.

Have a look at the court website http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm,

and then come back with any queries.

Best of luck

terryw

ssj

Thank-you ever so much Terry, I will definitely take a good look at this site and have a good think about the next step! I know this person is in a rented house so that one isn't an option but they are in a job, recently afforded to get married and can afford to go out clubbing every weekend so the earnings one sounds like an option.

Well I'll keep my fingers crossed now and let you know the outcome!!

SSJ x

notenoughcash

I can't give you any advice on this one but just wanted to say I really feel for you and I hope you mange to get it sorted. I know it will be an insignificant amount in comparison but I once lent a friend £60 til pay day and never saw him again. An expensive way to find out who your friends are I guess but I won't make the mistake again!!

terryw

ssj wrote: »

Thank-you ever so much Terry, I will definitely take a good look at this site and have a good think about the next step! I know this person is in a rented house so that one isn't an option but they are in a job, recently afforded to get married and can afford to go out clubbing every weekend so the earnings one sounds like an option.

Well I'll keep my fingers crossed now and let you know the outcome!!

SSJ x

Thanks SSJ.

It is rather ironic that many of the posts in MSE are about how to find loopholes to dodge paying genuine debts. These posts get lots and lots of help but if the boot is on the other foot it is another story! Go for this girl....it is your money that this "friend" has robbed you of!.

In my youth (more years ago than I care to remember!) I worked at the County Court. The procedures have not changed that much and the information available with the internet makes everything so much easier.

Please feel free to PM me when you have read the link.

bw

terryw

joeblack066

This is such a shame. Again, small by comparison, but I lent a friend £66 to tax his car a year ago and have never had it back, I have asked for it, even in instalments, and I am really skint at the moment, feeding a family of 3 and 5 cats on £30 a week while my gas meter gobbles £35 a week so even a fiver would help lol! You need to pursue this as it is your money and you shouldnt be made to suffer for helping a friend. Good luck xxx

Deep_In_Debt

I do feel sorry for you but as others have said - I let a "friend" order over £200 worth of stuff from my catalogue. Never saw them again after that - more fool me!

I just had to write off the dosh and the "friend".

Good luck with it all.

Head-Out-Of-Sand

That's so out of order - what a horrible "friend".

If she can afford alcohol and other non-essential stuff, she can afford to pay you back, she's just choosing not to. She's essentially going out on the p*ss with your money!!! Outrageous!!! :mad:

She's left you no other choice than to go legal on her sorry behind, and I hope you have some joy. I think the earnings thing sounds best - she'd have trouble claiming that her imbibing copious amounts of alcohol every weekend is a higher priority than paying you back a CCJ'd debt.

Hope you get it sorted out xx