I have a judgment but defendant hasn’t paid

fleshandbone

Are you able to name and shame the individual here?
Do you know if the individual has done any work for anyone else, if so, maybe you could see if they were treated in the same way as you?
I think it really sucks the way you have been treated I would be very angry too.

[Deleted User]

fleshandbone wrote: »

Are you able to name and shame the individual here?

I certainly wouldn't recommend this..

rmcc89

I'm not going to name and shame, as much as I'd like to post it all over the WWW - it won't really help me. I just want my money back and move on.

I need to decide on if a bailiffs warrant is worth the risk or not - if that fails I'm more out of pocket and I'm not sure the game plan from there. Where could I go from there if county court bailiffs fail ? What' would he next ?

If he self employed so I can't seek an attachment of earnings. However, I do know where he freelance works from 'a health club'.


Also considering he is an individual and not a company - Another option I see fit at this stage instead of bailiff warrant - I can apply for the court to order him to attend to give financial information. Cost £55 to issue. This means he has to attend personally and provide the court with full disclosure of his financial position. So bank accounts, wage slips etc. He MUST attend - However, if the hearing is before a judge I must also attend, but if the hearing is just a court officer my attendance is optional. - If he fails to attend, it will be passed to High Court and I could apply for him to be committed to prison.

Here are some rules on this part:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71#IDAQEYIC

-- But from the rules there is a loop - as I'm the judgment creditor who ordered it so if he requests traveling expenses I must pay a sum.

- And also if he did turn up and the hearing is adjourned - I don't know where the case would go.


What about Police? Trading Standards?

steampowered

When you look at the form, the amount of the judgment (including costs) and interest are itemised separately - see http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n293a-eng.pdf.

So I don't think you can just wait for the interest to take you over £600. Even if you could that would take more than a year anyway.

The fee to get a warrant of control (i.e. to send county court bailiffs round) is £77 when done through moneyclaimonline or £110 otherwise.

Personally I would just use county court bailiffs and let them handle it. I wouldn't bother faffing about with getting him to attend court for questioning about his assets over a £500 debt as you still then need to enforce against whatever assets are identified.

There is no point talking to the police or trading standards, they do not have authority to enforce a civil judgment.

rmcc89

steampowered wrote: »

When you look at the form, the amount of the judgment (including costs) and interest are itemised separately - see http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n293a-eng.pdf.

So I don't think you can just wait for the interest to take you over £600. Even if you could that would take more than a year anyway.

The fee to get a warrant of control (i.e. to send county court bailiffs round) is £77 when done through moneyclaimonline or £110 otherwise.

Personally I would just use county court bailiffs and let them handle it. I wouldn't bother faffing about with getting him to attend court for questioning about his assets over a £500 debt as you still then need to enforce against whatever assets are identified.

There is no point talking to the police or trading standards, they do not have authority to enforce a civil judgment.

https://www.gov.uk/make-court-claim-for-money/work-out-interest

Yes at 8% a year annual interest.

So £535 is £42 a year.

It's been almost 4 months since I made payment so only £12.

I guess I'm going to have to go for Ba

If the bailiffs fail - Eventually the bailiffs will mark the warrant unexecuted and I will have to try another method.


It might be a good idea to see if the defendant has any other CCJs. If there are lots that might mean other creditors have tried to recover money and have failed too.



http://www.trustonline.org.uk/

Fergie76

Can you not go after an arrestment of the individuals earnings?

wealdroam

Fergie76 wrote: »

Can you not go after an arrestment of the individuals earnings?

We are told the debtor is a self employed individual.

Fergie76

wealdroam wrote: »

We are told the debtor is a self employed individual.

I didn't know that would preclude that solution, it was only a suggestion, but surely the individual must still be earning?

unholyangel

Fergie76 wrote: »

I didn't know that would preclude that solution, it was only a suggestion, but surely the individual must still be earning?

Yes they will be earning. But how do you think attachment of earnings is usually carried out? They would write to your employer and tell them to make deductions and where to make payment to - on top of having your wages arrested, you can also be charged an administrative fee for this by your employer.

If someone is self employed, theres no employer to serve the order to, no employer to force a deduction of wages etc and self employed can usually fiddle their earnings anyway to keep their recorded earnings below the limit required in order to make deductions.

Its been going on for years - CSA used to have major problems with self employeds, in some cases they were earning thousands but only declaring the bare minimum to avoid paying CS to their ex's.

rmcc89

Fergie76 wrote: »

Can you not go after an arrestment of the individuals earnings?

Good Suggestion - It's one of the opitions in the handbook but No I can't fir the reason that he is Self-Employed.

Self-Employed, Individual, Con-Artist.

What a rigamarole!