No address??

Lovetoread

Hi,

I've spent a considerable amount of time and money taking someone to the small claims court. Long story short, I won the full amount. I chose not to have a CCJ against the person (regrettably now) and the judge made the statement that if said person pays x amount until full amount has been paid, the case will be closed. Or words to that effect.

Anyway, I haven't heard from the person for a long time, however they've recently made contact asking for a break from payments.

I am not reliant on the payments but the trouble I have is I do not have their address or work address (moved address and work several times since court hearing).

If they default on payment how do I apply to the courts for further action to be taken (bailiffs, attachment of earnings etc)?

Thanks in advance for any advice

sourcrates

Well they have no reason to pay you do they, you should of gone for the CCJ when you had the chance.

I'm not sure what you can do now to be honest ?

Fatbelly ?????

fatbelly

Ha!

Well, I'm up early this morning!

It sounds like there was some form of suspended order (a bit odd in a county court money claim) or maybe a Tomlin Order. If you have the original claim number you should be able to go back to the court that handled the hearing, tell them that the debtor has not complied with the instalment arrangement and ask what your options are.

However, you may find that there was a ccj (the judge's statement would still make sense if he made an instalment order on a ccj), in which case the usual options are open to you but lack of an address is going to make things more difficult.

[Deleted User]

fatbelly wrote: »

but lack of an address is going to make things more difficult.

Attachment of earnings?

fatbelly

Bedsit_Bob wrote: »

Attachment of earnings?

Will need to know where they work, and have a ccj.

Difficult even to do an information order without an address

Best bet might be to boot it up to high court and use an HCEO, at least they will put some effort into locating the debtor. That would need a ccj, at least £600 debt and would mean more upfront costs.

op just needs to contact the court and go from there.

[Deleted User]

fatbelly wrote: »

Will need to know where they work

I thought attachment of earnings was based on NI number?

fatbelly

Bedsit_Bob wrote: »

I thought attachment of earnings was based on NI number?

No, but op probably doesn't know that either!

Vikipollard

Lovetoread wrote: »

Hi,

I've spent a considerable amount of time and money taking someone to the small claims court. Long story short, I won the full amount. I chose not to have a CCJ against the person (regrettably now) and the judge made the statement that if said person pays x amount until full amount has been paid, the case will be closed. Or words to that effect.

Anyway, I haven't heard from the person for a long time, however they've recently made contact asking for a break from payments.

I am not reliant on the payments but the trouble I have is I do not have their address or work address (moved address and work several times since court hearing).

If they default on payment how do I apply to the courts for further action to be taken (bailiffs, attachment of earnings etc)?

Thanks in advance for any advice

How did they make contact? I'd start there and ask for the details.

sourcrates

Vikipollard wrote: »

How did they make contact? I'd start there and ask for the details.

Excellent pick up, missed that one !!!!

[Deleted User]

fatbelly wrote: »

No, but op probably doesn't know that either!

Then can't the court obtain his address, from HMRC?

fatbelly

Bedsit_Bob wrote: »

Then can't the court obtain his address, from HMRC?

Not to my knowledge. This is civil, not criminal. The courts are not going to show much initiative in being helpful.

But HCEOs are pretty good at what they call 'tracing'