CCJ Advice

shoe*diva79

Hi

Im not sure if this is the right board but could only find a suitable board on the Citizens Advice but unable to post on there. If a mod could move if there is somewhere more suitable...

This is the flip side to debt, I am owed money and have successfully obtained a CCJ back in December against the person who owes it to me. I have given him until 31st of this month to pay it in full.

If he does not pay (which would be silly of him as he is an accountant) then I want to enforce it and I am not sure what is the most viable way. Its for just shy of £6k so if I send bailiffs I have to transfer it to the high court. I can apply for a DEO on his wages or apply to have him made bankrupt.

Does anyone have any experience in any of these? I would prefer to stay away from the bankruptcy option - he has the money to pay, he just wont.

National_Debtline

Hi shoe diva


As you can probably appreciate, it's not really in my remit to advise from a creditor's perspective. I can, however, make a couple of general observations about enforcement options.


Any attachment of earnings may only recover the debt over a gradual period, as the debtor's living costs have to be taken into account. Do you know for certain that this person is taxed on a PAYE basis, as opposed to filing their own returns?


Using bailiffs - or more specifically in this case High Court enforcement officers - can be hit and miss as their entry powers are limited. Moreover, you may find that you are expected to pay their costs if they are unable to take any of the debtor's goods into control. A savvy debtor will often be able to nullify the effect of any such agents.


Bankruptcy proceedings would put the accountant's livelihood at risk, so if he had the means to pay immediately it would be in his interests to do so.


https://www.gov.uk/apply-to-bankrupt-someone/overview


Our colleagues at Business Debtline have a very useful fact sheet aimed at those pursuing money owed through the county court:


https://www.businessdebtline.org/EW/factsheets/Pages/BDL04%20BDL%20EW%20Claims%20in%20the%20county%20court/Page-13.aspx


Dennis
@natdebtline

fatbelly

This is probably the best board, as we know the impact of the various strategies on the debtor.

The main methods of enforcement are:-

•warrant of control, aimed at the debtor's goods
•attachment of earnings, aimed at a debtor's earnings
•third party debt orders, aimed usually at money that the debtor holds in a bank or building society
•charging order, aimed at a debtor's property
•making the debtor bankrupt, aimed at any assets owned by the debtor.

You can apply for an Order to obtain information if you want to find out up front which would work best.

Bankruptcy is going to be something he will want to avoid, particularly if he is a homeowner. But he can wriggle out of it by paying the debt down to 5k.

Attachment to earnings won't work if he is self-employed.

High Court bailiffs are normally pretty effective at recovering money in this situation which is why accountants and solicitors tend to use them

shoe*diva79

National_Debtline wrote: »

Hi shoe diva


As you can probably appreciate, it's not really in my remit to advise from a creditor's perspective. I can, however, make a couple of general observations about enforcement options.


Any attachment of earnings may only recover the debt over a gradual period, as the debtor's living costs have to be taken into account. Do you know for certain that this person is taxed on a PAYE basis, as opposed to filing their own returns?


Using bailiffs - or more specifically in this case High Court enforcement officers - can be hit and miss as their entry powers are limited. Moreover, you may find that you are expected to pay their costs if they are unable to take any of the debtor's goods into control. A savvy debtor will often be able to nullify the effect of any such agents.


Bankruptcy proceedings would put the accountant's livelihood at risk, so if he had the means to pay immediately it would be in his interests to do so.


https://www.gov.uk/apply-to-bankrupt-someone/overview


Our colleagues at Business Debtline have a very useful fact sheet aimed at those pursuing money owed through the county court:


https://www.businessdebtline.org/EW/factsheets/Pages/BDL04%20BDL%20EW%20Claims%20in%20the%20county%20court/Page-13.aspx


Dennis
@natdebtline

Hi

Yes. He is my ex partner and father of my daughter. I know where he lives, works etc. I have incurred debt and the money he owes me is to pay it off (making me almost debt free!) so I am sure you can appreciate I just want my money. He owns 2 properties - one he has just bought last October and one he rents out. He also gets a substantial bonus in excess of £10k every March. He has the means to pay but through sheer spite wont.

He works for a large multinational company. I will take a look at the factsheet, thank you. I appreciate your response.

Marktheshark

google serving a statutory demand.
Costs £750 to have it "set" but it will get his immediate attention.

shoe*diva79

fatbelly wrote: »

This is probably the best board, as we know the impact of the various strategies on the debtor.

The main methods of enforcement are:-

•warrant of control, aimed at the debtor's goods
•attachment of earnings, aimed at a debtor's earnings
•third party debt orders, aimed usually at money that the debtor holds in a bank or building society
•charging order, aimed at a debtor's property
•making the debtor bankrupt, aimed at any assets owned by the debtor.

You can apply for an Order to obtain information if you want to find out up front which would work best.

Bankruptcy is going to be something he will want to avoid, particularly if he is a homeowner. But he can wriggle out of it by paying the debt down to 5k.

Attachment to earnings won't work if he is self-employed.

High Court bailiffs are normally pretty effective at recovering money in this situation which is why accountants and solicitors tend to use them

Thank you. I was thinking HCEF would be the best way because I would ideally like the money upfront so I can pay off the debt I have incurred, plus, I know he has it. I have contacted his partner as I am fairly confident she wont have a clue about any of this and given it now all directly has a detrimental effect on her (co-own new house together), plus, I am sure she wont want bailiffs turning up. Hopefully she will talk some sense into him before next Monday.

shoe*diva79

Marktheshark wrote: »

google serving a statutory demand.
Costs £750 to have it "set" but it will get his immediate attention.

Do you happen to know if the fee is applicable for low income? I have had fee remission for all bar the application (I did the application via MCOL) The fee paid by MCOL has been added to the debt by the judge along with interest.

fatbelly

shoe*diva79 wrote: »

Do you happen to know if the fee is applicable for low income? I have had fee remission for all bar the application (I did the application via MCOL) The fee paid by MCOL has been added to the debt by the judge along with interest.

Fees

The fees to make someone bankrupt are:
£825 petition deposit (for managing the bankruptcy)
£280 for court costs

Pay the fees using cash, postal order or a cheque made payable to Her Majesty’s Courts and Tribunal Service.

I'm not sure on this but I guess an EX160 might cover the £280 but not the £825.

shoe*diva79

Thank you, I shall look into it.

shoe*diva79

Thanks again for all the advice. I was researching some more tonight and went to move some money into savings account to pay for enforcement action to find my bank account looking very very healthy. No need for enforcement and I have just paid off my debts

Alan_Brown

shoe*diva79 wrote: »

Thanks again for all the advice. I was researching some more tonight and went to move some money into savings account to pay for enforcement action to find my bank account looking very very healthy. No need for enforcement and I have just paid off my debts

That must be a load off your mind, glad it turned out OK for you and you can now get on with your life.