enforcing judgment help plz

dollface83

Hello,

I appologize in advance im sure this is in the wrong place.

I made a small claim against the joint owners of a proprty that i rented nearly 2years ago for the return of my deposit. At the hearing judgement was made against the defendants. We agreed that payments would be acceptable in instalments but the amount or conditions were not specified. Since then we have recieved a copy of 'an application for the suspension of a warrent &/or variation of an order form' filled in by only one defendant and doesnt include rental income from the propery i rented. I assume that all rent and money was transferred to the partners account prior to judgement whos details are not in this form at all.

What can i do for my next step i have to reply within 2weeks i know that this is a delaying tactic by the defendant which i expected as repayments was suggested in the form of £10 per month started from September because the defendant says they have been unemployed for 4months and has an overdraft over £3000 as well as monthly credit repayments.

The total amount owed to me is £803.35, should i ask the court for an Application for order that debtor attend court for questioning (N316 form) or a Request for Attachment of Earnings Order (n337 form)? or something else not mentioned?

Please advise on how i should takle this.

Thank you for your time.

Thrugelmir

dollface83 wrote: »

Hello,

I appologize in advance im sure this is in the wrong place.

I made a small claim against the joint owners of a proprty that i rented nearly 2years ago for the return of my deposit. At the hearing judgement was made against the defendants. We agreed that payments would be acceptable in instalments but the amount or conditions were not specified. Since then we have recieved a copy of 'an application for the suspension of a warrent &/or variation of an order form' filled in by only one defendant and doesnt include rental income from the propery i rented. I assume that all rent and money was transferred to the partners account prior to judgement whos details are not in this form at all.

What can i do for my next step i have to reply within 2weeks i know that this is a delaying tactic by the defendant which i expected as repayments was suggested in the form of £10 per month started from September because the defendant says they have been unemployed for 4months and has an overdraft over £3000 as well as monthly credit repayments.

The total amount owed to me is £803.35, should i ask the court for an Application for order that debtor attend court for questioning (N316 form) or a Request for Attachment of Earnings Order (n337 form)? or something else not mentioned?

Please advise on how i should takle this.

Thank you for your time.

Do you know the full details of the bank account to which your rent was paid?

So may be worth pursuing questioning. Transfer of money will be tracable.

As they are unemployed seems little point of attachment order.

Is the property still let ?

There is an anonmous Inland Revenue hotline to report tax evasion.........;)

dollface83

Hi

I have a bank account of the defendant that filled in the form as rent was paid directly at one point but this was over 2years ago im sure its closed or moved. I am positive the property is still let as the defendants reside in another town on the other side of England to where the rental property is.
My last correspondance with the letting agent who manages the property was March 2008 and they were very unhelpful to put it mildly.
It was deffinately let after i left as i gave the next tennat the viewing.


were both defendants not ment to provide their details on the form ?

dollface83

Should i inform the court about the fact that only one of the defendant has filled in details on the form?

As i have not recieved payment or any correspondance from the 2nd defendand shall i enforce judgement on them for payment of debt.

them reply to the other defendants request to pay in instalments sepperately

Do i persue them together or sepperately?

Any advice please

Thrugelmir

dollface83 wrote: »

Should i inform the court about the fact that only one of the defendant has filled in details on the form?

As i have not recieved payment or any correspondance from the 2nd defendand shall i enforce judgement on them for payment of debt.

them reply to the other defendants request to pay in instalments sepperately

Do i persue them together or sepperately?

Any advice please

Suggest you contact your local CAB for advice. They'll guide you through the best proceedure.