ccj against debtor

cherryrowlands

hi i lent an ex-friend money last year he wouldnt pay i took him to court & won. he was given a ccj for full amount of £500 + £35 costs. he has paid back £40 so far as paying £5 a week as claimed he was on benefits. he has just had a windfall of £16500+ can i ask the court to make him pay me in full now?

worried_jim

Send the bailiffs!

http://www.dcbltd.com/debt_recovery/debt_recovery/

cherryrowlands

he hasnt broken the court order payments so could i actually do this?

Arleen

If you have both agreed on the payment plan then no, you can't as he didn't break it.

abby1234519

cherryrowlands wrote: »

hi i lent an ex-friend money last year he wouldnt pay i took him to court & won. he was given a ccj for full amount of £500 + £35 costs. he has paid back £40 so far as paying £5 a week as claimed he was on benefits. he has just had a windfall of £16500+ can i ask the court to make him pay me in full now?

Have you asked him to pay it back in full now?

Voyager2002

You could go back to court and ask them to vary the payment plan on the basis that his circumstances have changed. You would probably have to pay the court fee for this.

PaulW922

You can ask your ex-friend to pay it all back on the basis that his circumstances have changed and advise that if he chooses not to you will ask the court to vary the order. If you go to court and are successful you could then ask the court to add your costs on to what it owed.

However - just to clarify, is the payment plan of £5 per week just between the two of you or was it part of the court's judgement? If it is the former you do not need to ask the court to vary anything. Your an just enforce the debt although you should try and be reasonable, asking the other party to pay up first

cherryrowlands

the £5 a week payment was decided by the judge based on the convo he had in court with the defendant. the defendant claimed to be on benefit (he wasnt at the time as on his defence form he had been suspended from it for undeclared income) the judge never asked him to provide any evidence to his income etc
communication between myself and the def is non-existent as it became hostile which is the reason i took him to court in the end to get my money back.
shall i contact the def and request the payment in full and if so how shall i word it regarding his windfall| thank you all for your advice btw

cherryrowlands

no not yet

cherryrowlands

had legal advice yes i can go for full payment even if hes not behind with payments. will keep you posted as to outcome. thanks all

Majestic12

how do you know the debtor has had this windfall? What is it for? This would need to be proved in court.