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What to do after Small Claims victory.

ariarnia
ariarnia Posts: 4,225 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
Someone owes me money - Obviously as the subject is that I won at the small claims court. First post so please be kind.

He's now got a ccj and I don't know what to do next.

I know there are several options, but I've never done this before so I wanted your opinions, if you don't mind.

I've tried to list all the information clearly here, but if I've missed anything then sorry, point it out and if I know it I'll post it.

£3000 was loaned in Feb and was not paid back when due. Judge decided that it was a loan and that it did need to be paid, but the person that owes it to me hasn't contacted me or responded to any of my contacts (phone messages, txts, letters) so I assume he's just ignoring the judgement.

I don't have any of his bank account details so I don't know if I should do the ceasing thing on them. I think I can fill a form and get him summoned by the court to account for what money he's got and where. I know he's got dodgy business accounts and won't want to be audited, but I don't know if that's to my benefit or not.

He's the landlord of a pub, but the pub is registered as freehold so I don't know if that means he's bought it - haven't applied for the land reg details yet as wanted an opinion before doing anything else.

Money claims on line have offered me a warrant to get bailiffs for an extra £100 (which I could do without spending) but there is also a company that will do it NWNF but want 10% and basically only do threatening letters. I figure this might be worth it, as if he doesn't respond then I don't loose anything, but £300 is a lot of money if they do.

I don't know how baliffs work.

Due to him living above the pub I don't know if bailiffs would be worth anything - they can't take assets and I figure he can claim the flat is part of the business and not have 3000 worth of personal property up there. As for the personal property that is up there - can he say it's his partners, or can they take property belonging jointly to a couple?

I think he owns another property rented to his partners mother, but I have no idea where this is and I know he doesn't declare the income from it, so I don't know if there is a way to find that through the land reg and have the bailiffs sent there?

That sounds petty, but if the partners mother proves to the bailiffs that she's renting it/he doesn't live there, can I force him to start declaring that income and then get paid back through garnishing that?

So, What do you think?
Almost everything will work again if you unplug it for a few minutes, including you. Anne Lamott

It's amazing how those with a can-do attitude and willingness to 'pitch in and work' get all the luck, isn't it?

Please consider buying some pet food and giving it to your local food bank collection or animal charity. Animals aren't to blame for the cost of living crisis.

Comments

  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    you can try a warrant of execution but their is no guarantee of payment. You should seek legal advice is best
  • ariarnia
    ariarnia Posts: 4,225 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thanks for reading.

    I don't really have the money for a warrent. I'm on a very min wage with a not so min set of outgoings - why I found this website to try and MS.

    £100 for a warrent is an aweful lot of money and I can't really spare the savings.

    I got conned(or played) perhaps into loaning basically all my savings to this bloke.

    I can scratch together the £100, but it won't be easy so wanted to seek some advice first.

    I like the sound of the summons to account for assets I got told about, but I don't know what this forms called or how I would get it.

    I also don't know if - cause this guy's self employed - if that's the best thing or if he can hide the money (like this other set of rent)

    I don't know if there's anyway to find out about anyother property he owns other than the pub I think he owns.

    please excuse any typing or spelling errors as I'm on my partners laptop and am not used to the keyboard plus it's 4.30 and I'm about to go to bed.
    Almost everything will work again if you unplug it for a few minutes, including you. Anne Lamott

    It's amazing how those with a can-do attitude and willingness to 'pitch in and work' get all the luck, isn't it?

    Please consider buying some pet food and giving it to your local food bank collection or animal charity. Animals aren't to blame for the cost of living crisis.
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    you could try dca's that will collect on no win no fee
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