Winner! but still no money back

Burgers

When I had some money a 'Friend' needed some help to dig themselves out of a hole. So I lent them £17k and they paid it back £175 per month. This went on for several years and they suddenly stopped paying with £7K left outstanding. We were no longer close friends by this stage and they said that they had lost their job.

So I waited for a year, saw that they were well established with a new job and asked them to start paying to clear the debt. They ignored me for a year and the CAB advised me to do a small court claim for £5K as this was the maximum allowed. I won and the case and my 'Friend' was awarded a CCJ and ordered to resume paying £125 per month. However they never paid.

So after another year of chasing, I applied to the court to for an attachment of earnings order. The order was suspended because the 'Friend' agreed to pay £50 per month. However they never paid.

So I asked the court to apply the attachment of earnings. The court told me that the 'Friend' no longer worked at the same employer and was not responding to the bailiff. So I found the 'Friends' new employer and after a year they provided the court with the details of their £90k basic salary.

I still haven't received a penny of my £5k despite winning my small claims case. Its been 6 years in total, I've paid the court fees, waited and still no response. I've been supporting my partner through cancer for the past 18 months and need some money to keep things going. Does anyone have any ideas how to get my money back. Can I make a complaint against the court?

G6JNS

Burgers wrote: »

When I had some money a 'Friend' needed some help to dig themselves out of a hole. So I lent them £17k and they paid it back £175 per month. This went on for several years and they suddenly stopped paying with £7K left outstanding. We were no longer close friends by this stage and they said that they had lost their job.

So I waited for a year, saw that they were well established with a new job and asked them to start paying to clear the debt. They ignored me for a year and the CAB advised me to do a small court claim for £5K as this was the maximum allowed. I won and the case and my 'Friend' was awarded a CCJ and ordered to resume paying £125 per month. However they never paid.

So after another year of chasing, I applied to the court to for an attachment of earnings order. The order was suspended because the 'Friend' agreed to pay £50 per month. However they never paid.

So I asked the court to apply the attachment of earnings. The court told me that the 'Friend' no longer worked at the same employer and was not responding to the bailiff. So I found the 'Friends' new employer and after a year they provided the court with the details of their £90k basic salary.

I still haven't received a penny of my £5k despite winning my small claims case. Its been 6 years in total, I've paid the court fees, waited and still no response. I've been supporting my partner through cancer for the past 18 months and need some money to keep things going. Does anyone have any ideas how to get my money back. Can I make a complaint against the court?

Google High Court enforcement. You should be able to get the action transferred and get it collected.

bengal-stripe

Shakespeare was right:

LORD POLONIUS:
Neither a borrower nor a lender be;
For loan oft loses both itself and friend,
And borrowing dulls the edge of husbandry.

Hamlet (Act 1; Scene 3)

dealer_wins

G6 is right, get the high court bailiffs on it. They seem to get a result on the TV program all the time!

WG0608

I am not sure, but I think if a debt is over 6 years old you can not reclaim it. And this might not apply anyway as you already have a court judgment.

ReadingTim

Unfortunately there's plenty of advice available on this site dedicated to helping your 'friend' avoid repaying such sums, so I think you're on a hiding to nothing to be honest. Furthermore, you're £7k + court fees out of pocket, and at most will recoup £5k, which is hardly a great rate of return.

Given your partner's condition, I suggest you give up on this, and concentrate on them. And never lend money to 'friends' again.

somethingcorporate

The fees and £7k is already sunk, the potential upside of £5k back is worth pursuing so I'd suggest you ignore the above poster and look to pursue through the high court bailiffs, as the initial responses suggested.

Gaz83

ReadingTim wrote: »

Unfortunately there's plenty of advice available on this site dedicated to helping your 'friend' avoid repaying such sums, so I think you're on a hiding to nothing to be honest. Furthermore, you're £7k + court fees out of pocket, and at most will recoup £5k, which is hardly a great rate of return.

Given your partner's condition, I suggest you give up on this, and concentrate on them. And never lend money to 'friends' again.

Probably best to ignore this drivel, OP.