Pursuing an old personal injury award

skintandscared_2

I'm not sure if I'm posting this in the right place, but wondered if anyone had any suggestions. I will try to keep it brief!

After 5 years of legal process, my partner was awarded a personal injury award of just over £20k in March 2008 (plus there were approx £25k of fees awarded too). The defendant immediately declared himself bankrupt to avoid paying this award.

After doing some research, I discovered that personal injury awards are one of the few things that survive a bankruptcy. Unfortunately for the solicitors, the fees didn't.

The defendant's bankruptcy ended in or around June 2009 and the OR allowed him to sell his half of the marital home to his ex wife for £1 (effectively taking away any asset we could place a charge on).

We have until March 2013 to pursue this personal injury award.

During the bankruptcy, the OR tried to investigate the defendant's finances. They got nowhere and were convinced that much was hidden from them. It was the same story with the solicitors who handled the personal injury claim - during the whole 5 years letters went unanswered and he blankly refused to provide insurance or financial details - so they just gave up.

Now, 2 years post-bankruptcy, would anyone have any suggestion of how we now go about having his finances re-investigated? We know he is working as a property developer and has an expensive car.

I have approached the previous solicitors but have had no response from them at all. I doubt they are interested in being involved any more as their fees are gone and effectively this work would be for free. I also think they were totally negligent in not pursuing the insurance angle, but I was not with my partner during those early days so couldn't do anything about it. We don't want to throw good money after bad and spend a fortune on new solicitors if the defendant is still able to hide his assets and get away with not paying anything, but it would be worth a small investment if we could at least get even 50% of the award (plus the interest which will now have accrued).

All suggestions gratefully accepted! Thanks.

fermi

Not sure if there is anything useful in the latter parts of this thread?

https://forums.moneysavingexpert.com/discussion/568966

An old one where someone else was in much the same position.

I suspect you have exhausted all the same avenues, but may be worth a look....

skintandscared_2

fermi wrote: »

Not sure if there is anything useful in the latter parts of this thread?

https://forums.moneysavingexpert.com/discussion/568966

An old one where someone else was in much the same position.

I suspect you have exhausted all the same avenues, but may be worth a look....

Thanks Fermi. JoeHel is me We tried everything we could at the time and have now left it a couple of years. Not sure where to try now though. We may consider using a debt collection agency and see what they can come up with...

fermi

skintandscared wrote: »

Thanks Fermi. JoeHel is me

lol.

No wonder it sounded so similar. :cool:

I have at times wondered what happened. Really is a shame it's not better news though. :undecided

skintandscared_2

fermi wrote: »

lol.

No wonder it sounded so similar. :cool:

I have at times wondered what happened. Really is a shame it's not better news though. :undecided

You truly are "deliciously dedicated" aren't you!! Well, we still have some time. And the guy lives in the same village as my OH's parents, so we know he's working/living well. We still have 18 months or so to have another go... My nephew got through chemo and has been in remission for 2 years now, so the stuff that REALLY matters has gone right, at least

fermi

First thing: Do you have a judgement against him that you can try to enforce?

I don't know if a personal injury award judgement works in the same way that a normal CCJ would, but if it does then you could presumably attempt enforcement via:

- bailiffs or high court enforcement officers.
- Third party debt order

or even

- An order to obtain information. He would have to attend court to answer questions regarding his income and assets. failure to comply with such an order is an imprisonable offence.

You know he has the car as an asset at least.

But as said, I don't know for sure whether any of those is available for you with the PI judgement against him?

Or whether those options are just futile or not worth the cost?

fermi

skintandscared wrote: »

You truly are "deliciously dedicated" aren't you!! Well, we still have some time. My nephew got through chemo and has been in remission for 2 years now, so the stuff that REALLY matters has gone right, at least

Glad to hear that.

Money is insignificant compared to things like that.

It still helps though. Especially when there is a principle at stake.

skintandscared_2

Yes, my OH did obtain a personal injury court judgment. I think I need to dig out all the old paperwork and figure out exactly what we have, and see where to go from there. The annoying thing is that all the government sites for info on unpaid judgments seem to err on the defendant's side and intimate that it's probably not worth doing anyway. :mad:

fermi

skintandscared wrote: »

Yes, my OH did obtain a personal injury court judgment. I think I need to dig out all the old paperwork and figure out exactly what we have, and see where to go from there. The annoying thing is that all the government sites for info on unpaid judgments seem to err on the defendant's side and intimate that it's probably not worth doing anyway. :mad:

In most cases, that is pretty much true. :undecided:

The only really effective method of enforcement is a charging order against property. Even then, forcing a sale is not usually easy.

Perhaps if you can get the car levied against?

Or get him into court for questioning on his other assets? As said, if he fails to turn up for that or refuses the court details, that would be contempt of court and an imprisonable offence.

If he's a property developer, then perhaps he has acquired assets/property in his name that you can get a charge against? If yes, then you may be able to force a sale of those to pay you?

Somehow I have a horrible feeling that you will hit a brick wall again, but who knows? It might be different if he has built up assets/income again...

arcon5

It sounds like this man knows how to play the system. Especially since he sold his marital home for a nomal fee of £1!

His car is probably on Hire Purchase to he is not the legal owner until after the last payment -- which will likely be after the deadline.

If he owns property it is probably as part of a company of which he is a director --- you therefore cannot touch it.

As sad as it may be, you may be about to throw your good money after bad!