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MCOL advice, judgement issued expires today, next step please?
Werdnal
Posts: 3,780 Forumite
Long story but try to make it brief as possible.
I work for a community charity group and one of our clients ran up a large debt with us last year (£500'ish). After trying to negotiate a payment plan, which initially worked but they defaulted again, we sent Letter before Action advising them we would take it to MCOL and giving another 6 weeks to pay the fill amount. Nothing was forthcoming, so issued the claim in Feb and finally followed up with the Judgement last month as no payment made. Gave them a further 6 weeks to pay against the judgement, which expires today. No payment, so we have a Committee meeting tonight to discuss the next step.
I have never had to do this before, and looking into it, there are 2 options:
Warrant, ie baillifs knock on door and take goods to the value. I know they do not own their own property, but have atleast 1 vehicle, and 1 defendant runs their own business (would business assets count in this?). They also have a young family and we don't want to deprive them of an essential car ...
Claim on earnings (sorry don't know the correct term) - as I said 1 is self-employed and I believe the other works part-time, so is this likely to be the better option, or are we only going to get £5 a month for the next 8 years?
Is there any other route I am missing? This is all new and I think I have done everything correctly so far, so don't want to fall down at the last hurdle!
Any advice appreciated, Thanks!
I work for a community charity group and one of our clients ran up a large debt with us last year (£500'ish). After trying to negotiate a payment plan, which initially worked but they defaulted again, we sent Letter before Action advising them we would take it to MCOL and giving another 6 weeks to pay the fill amount. Nothing was forthcoming, so issued the claim in Feb and finally followed up with the Judgement last month as no payment made. Gave them a further 6 weeks to pay against the judgement, which expires today. No payment, so we have a Committee meeting tonight to discuss the next step.
I have never had to do this before, and looking into it, there are 2 options:
Warrant, ie baillifs knock on door and take goods to the value. I know they do not own their own property, but have atleast 1 vehicle, and 1 defendant runs their own business (would business assets count in this?). They also have a young family and we don't want to deprive them of an essential car ...
Claim on earnings (sorry don't know the correct term) - as I said 1 is self-employed and I believe the other works part-time, so is this likely to be the better option, or are we only going to get £5 a month for the next 8 years?
Is there any other route I am missing? This is all new and I think I have done everything correctly so far, so don't want to fall down at the last hurdle!
Any advice appreciated, Thanks!
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Comments
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Long story but try to make it brief as possible.
I work for a community charity group and one of our clients ran up a large debt with us last year (£500'ish). After trying to negotiate a payment plan, which initially worked but they defaulted again, we sent Letter before Action advising them we would take it to MCOL and giving another 6 weeks to pay the fill amount. Nothing was forthcoming, so issued the claim in Feb and finally followed up with the Judgement last month as no payment made. Gave them a further 6 weeks to pay against the judgement, which expires today. No payment, so we have a Committee meeting tonight to discuss the next step.
I have never had to do this before, and looking into it, there are 2 options:
Warrant, ie baillifs knock on door and take goods to the value. I know they do not own their own property, but have atleast 1 vehicle, and 1 defendant runs their own business (would business assets count in this?). They also have a young family and we don't want to deprive them of an essential car ...
Claim on earnings (sorry don't know the correct term) - as I said 1 is self-employed and I believe the other works part-time, so is this likely to be the better option, or are we only going to get £5 a month for the next 8 years?
Is there any other route I am missing? This is all new and I think I have done everything correctly so far, so don't want to fall down at the last hurdle!
Any advice appreciated, Thanks!
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
It sounds like you have judgement in default. If so, see the warning I gave in a very recent thread here:
https://forums.moneysavingexpert.com/discussion/45754410
This discussion has been closed.
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