Small Claim Advice

terryw

Do they own a vehicle?

ease

terryw wrote: »

Do they own a vehicle?

Unfortunately nope.

terryw

Have you made a request for an oral examination?

unholyangel

What about what terry said earlier about a third party debt order? You could then write to the banks where you think they hold their accounts and it would freeze any money in those accounts. Of course its only served on the balance that day. If any money was paid in after this, it wouldn't be frozen

ease

terryw wrote: »

Have you made a request for an oral examination?

I think that's what I had done in December. I had to serve papers to them to visit the court and be interviewed about their finances, along with bringing proof like bank statements etc. I was told they bought no bank statements, no proof of business, and no other proof of income with them as requested.

It then took around 2 months to get the court to order her to send those documents to them, at which point she sent only 1 month's worth of bank statements from 1 bank. It then took another 2.5 months to get any sort of response from the court.

ease

unholyangel wrote: »

What about what terry said earlier about a third party debt order? You could then write to the banks where you think they hold their accounts and it would freeze any money in those accounts. Of course its only served on the balance that day. If any money was paid in after this, it wouldn't be frozen

The problem with that is that I think the defendant has quite a few bank accounts. They were asked to show statements from 3 accounts but closed 2 of them before going to court. The only one that's left doesn't seem to have a very big balance, so I'm pretty sure they're now using another undisclosed account to receive payments for work.

terryw

Please check your papers and confirm for definite that this was a request for an oral examination that you made or otherwise.

What about third party debt order?

ease

terryw wrote: »

Please check your papers and confirm for definite that this was a request for an oral examination that you made or otherwise.

What about third party debt order?

I've just checked and it was an "application for the judgement debtor to attend court to be questioned". I had to get a process server to serve her the "order to attend for questioning", and she had to go to court to answer questions about her finances.

The third party debt order (I replied above to unholyangel) wouldn't be much use since she seems to have quite a few accounts and I don't know which one her money is kept in.

terryw

OK. That's the one

You have a very savvy debtor who is playing the system. By all means keep on to the court for these documents re accounts to be produced but really you need to try and get the payments started. Presumably these are in abeyance pending the examination.

Just out of interest where online did you find details of the other CCC?

ease

terryw wrote: »

OK. That's the one

You have a very savvy debtor who is playing the system. By all means keep on to the court for these documents re accounts to be produced but really you need to try and get the payments started. Presumably these are in abeyance pending the examination.

Just out of interest where online did you find details of the other CCC?

Oh she's not savvy by any means. She's submitted all sorts of contradictory "evidence" to the court, not covered any of her tracks, very blatantly lied, and has no idea what she's doing. She's just refusing to pay and the court appears to be extremely lax and incompetent. Not sure if that's normal since other small claims I've done in the past have never had to go this far.

I found out about the other CCJ since the guy she owed the money to got in touch with me about her, but I checked it on https://www.trustonline.org.uk.