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Individual keeps delaying payment

I let a guy (let's call him Bob) use my taxi for several months. He owes me several thousand pounds. He has agreed to pay it, and there is plenty of evidence. Bob received a court order to pay me, but keeps putting it off. A bailiff was sent to his house a couple of weeks ago but he doesnt have any items to sell to pay off his debt.

He has gottem progressively angry me with and ask keeps telling me to give him some space. It's been over a year and he has barely paid me.

What should I do now? I've done some reading on the gov.ukweb pages but not sure which option to take. As I'm a new user, I can't post link so I've included the title of the webpages if that helps, as you can simply Google the title page and get the right one

1) Make and serve a statutory demand gov.uk

To be honest, I know if I do this, he will say "I'll pay you. Just give me some time" I'll give him some time, this will just keep happening over and over. The first page I linked also says "However, the costs are high and you may not get any of your money back."

Then, I'll come back here next month asking you whether I should claim to make him bankrupt. If make him bankrupt, then there's no guanentee I'll get my money back, right?

2) Apply to bankrupt someone who owes you money gov.uk

3) Register as a creditor in a bankruptcy or liquidation gov.uk

"When you register, you’ll be added to the list of creditors (people who are owed money). You’re not guaranteed any payment, but you’ll be:

- kept informed about the case
- allowed to vote on decisions at any creditors’ meetings"

Also, for 2)

"Fees:
£750 petition deposit (for managing the bankruptcy)
£280 for court costs"

This is crazy! Over £1000! Is it even worth it? How long does it take?

Thanks,
Jason

Comments

  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Is this a "can't pay" or a "won't pay" situation?

    If it's "can't pay", realistically there's nothing you can do to get your money. You can ruin his credit rating, but that's about it.

    If it's "won't pay" you might have more options.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    There should be a leaflet at the court about how to enforce a judgement? Have you read this? Have you looked at all the options to decide what is appropriate?
    What do you know of the financial situation of this person?
    Do they own a car?
    Do they work?
    Do they own a house or is it rented?
    Do they care about anything?

    If he owns a car you could consider getting the bailiffs to seize this but it may not be worth enough money to cover the debt.
    If he works then you could go down the attachment of earnings route, but it sounds like he may be self -employed so this wouldn't work.
    Does he own a house?
    Does he own anything of value?
    Is he likely to be bothered by bankruptcy or a wrecked credit file? Frankly if he has no assets and isn't bothered about bankruptcy then there is little you can do.
    You can call him into court and get him to disclose his financial sitatuation and see if this throws up any clues but everything is going to cost you money, and frankly it may not be worth it. :(
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
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