bought a stolen car help me please!!

lisaloo

NeilF3485 wrote: »

Judgment usually gives defendant 28 days to pay in full - if they do this they can also have the CCJ set-aside as if it didn't happen (I think).

If he doesn't pay it in full then you can issue a warrant of execution (you'll have to pay the fee but will be added to balance owed) and try to enforce it that way.

The problem you face is that the defendant can apply for an N245 (Variation Order) and provide income and expenditure showing he cannot pay the balance in full. If this shows he has no disposable income, it could be ordered as low as £1 per month in repayments. (courts don't set the order, debtor will show I&E and propose £1p/m and court will almost always accept it).

Not a lot you can do at this point, besides apply for a variation order yourself (and pay the fee) to get it increased again, but the two of you could keep going round in circles forever!

Basically, see if he pays and if he doesn't then tell him failure to do so within 7 days will mean you issuing a warrant of execution where a bailiff can levy on good (they usually don't though) and go from there.

This is all from my experience and is just my opinion though, would always recommending seeking professional advice.

thanks for your advice neil,im sure he works but is there a way he can lie about that?, plus he's still selling cars on ebay still

ill give him a week to contact me, ifnot contact then ill fill the warrent of exucution form for attachment of earnings

i really hope he doesent get away with paying me £1 a month, if thats the case i'll go rob a car myself ,change plates sell it on and get done for absolutly nothing, where is the justice in £1 month it makes me sick

vicx

I find it hard to believe that a £1,750 debt could be ordered to be paid back at as low as £1 per month.

Wouldn't they take his employment status into consideration? If he's unemployed then they probably could only order him to pay £5 per week or month but I wouldnt have thought it would be as low as £1 per MONTH.

He might well be unemployed and doing stolen cars up to sell on eBay. Maybe a link to the stolen car you purchased can warn others not to go near that seller.

I really do hope he pays you back in full but he seems the type that knows ways to get round things.

fthl

you can also get him to court to answer questions about his circumstances under oath. that is how you'd find out about assets, where he works, income etc.

Aginoth

As I have just discovered if the CCJ is for over £600 you can apply to have the debt transferred up to the High Court (fee is £60). The High Court issues what is called a Writ of Fi Fa

You can find High Court Enforcement officers in your area with a simple Google Search who will do the paperwork and enforce the Writ of Fi Fa. Advantages of HCEO's over County Court Bailiff mainly appear to be that they have a few more rights regards unforced entry to a property to carry out walking possession, and they will work outside of normal Office hours unlike CC Bailiffs so more chance of sucessfully serving documents. I'm happy to be corrected if I have got that wrong...new to this High Court stuff.

NeilF3485

vicx wrote: »

I find it hard to believe that a £1,750 debt could be ordered to be paid back at as low as £1 per month.

Wouldn't they take his employment status into consideration? If he's unemployed then they probably could only order him to pay £5 per week or month but I wouldnt have thought it would be as low as £1 per MONTH.

He might well be unemployed and doing stolen cars up to sell on eBay. Maybe a link to the stolen car you purchased can warn others not to go near that seller.

I really do hope he pays you back in full but he seems the type that knows ways to get round things.

I used to work in a debt recovery business (sorry!) and we had debtors with debts of over £20k that were being repaid under a CCJ for £1p/m as the debtor applied for a variation order.

Yes the court takes into account employment status, but also expenditure. If the debtor provides I&E and pays the small fee, the court will pretty much accept anything.

One other notable case was a debtor would had a £25k balance owing, eventually we got a CCJ after he defaulted on 4 different payment arrangements.

He applied for an N245 but didn't specify the amount he wanted to pay, just put "at the court's discretion" - the court default amount on their system was £0.01 per month which he duly sent every month sellotaped to a piece of paper. We had to then pay for another variation order to get it increased again!

NeilF3485

Sorry, I also forgot to mention that if it does come to issuing a WOE I would recommend NOT issuing it for the full balance. Chances are he doesn't/will claim he doesn't have the funds, bailiffs won't levy on goods and it will be returned unpaid.

I would issue a warrant for £150 odd of it (fee should be slightly lower I think than for say £1,000) and if that one gets paid, then inform him he has 14 days to pay the balance or contact you to arrange payment. Then if he doesn't, issue another warrant. This is again only from my experience but is more likely to result in payment IMO, and should be slightly lower fees that you lose if he doesn't.

lisaloo

its been a week since i recived the judgement order, and still not heard anything off defendant or court, im gunna ring court tomorrow to see if defendant has been in touch with them, i doubt it very much though, looks like im going to ask for an attachment of earnings, the court sent me the form out allready

lisaloo

well i contacted the court today to ask them if defendant had been in contact and made payment

they told me its not the courts job to collect the money, defendand has to contact me to arrange payments,

so i decided to contact defendant today, and there was no answer on phone, so i tried a couple of times, and still no answer, he then tried ringing me back but by that time i had gone out, i came home to 2 missed calls , i then rang him and he gave me abit of abuse, saying that he will get me done for harrasment, he's dealing with the courts, do not for one second expect payment in full .

but the court told me he had to contact me with payment or i could enforce judgement

going to ring court back tomorrow, to find out whats going on, as he's sayiong hes dealing with the court, and court tell me hes gotta deal with me

Loanranger

If he's trading in cars on Ebay, then report him to HMRC for tax evasion.

gordikin

Loanranger wrote: »

If he's trading in cars on Ebay, then report him to HMRC for tax evasion.

Is he doing so though?