Judgement obtained, but won't pay

mazzersdad

I have an on going civil case with somebody who owes me money for goods I sold him but he refuses to pay.


Went to the Civil Court, he did not attend, and I was allowed my claim, which was in excess of £500. I waited a bit, never heard a word, so got a Warrant of Control which the Bailiffs have failed to serve. They say he has no money.


I then took him to the County Court after serving him with an N316 Requirement to attend Court for examination. He attended, declined to answer most questions, and created more smokescreens than Donald Trump, and I have had a letter today saying the costs of the exam have been allowed at a figure of over £700. On the affidavit I had signed I claimed just over £800 as the original amount plus costs incurred in the meantime. total cost now as I see it is over £1500. Is that right?


I am convinced he is not going to pay, so what to do next. He is a Director of a Limited Company, which he formed three weeks after I won my original case in the lower court. He says he is retired but is running exhibition trade stands on a weekly basis, and I have information that he does not display the required limited company signs, or have headed notepaper showing he is a limited company.


Not sure which way to go next, I fancy the High Court Enforcement to get this matter sorted, it has been going on for more than eighteen months now.


Any advice please.

cono1717

Was your claim against him personally or a company he ran - has he since dissolved that company and formed a new one?

DoaM

The question above is very important to understand ... unless you claimed against him personally, if you claimed against a now-dissolved company then you have no chance of getting your money back.

daytona0

Maybe he refuses to pay because he's skint? Sod me but yours is a non priority debt compared to things like rent, utilities, food etc And having a LTD company means nowt when it comes to having cash or not.

Granted I don't know anything about the other party, but I would have assumed that something like a £20 a month payment plan would have been more manageable in these circumstances (it would have been almost clear by now given it has been going on for 18 months). Quite why you have been so keen to have the debt spiral out of control to £1500 is a bit beyond me.

No idea what you should do. Maybe instruct a debt collection agency to take up your case? Maybe call the person up and get him on a payment plan (though the collection agency may do this)?

Aside from that, good luck getting blood from a stone.

steampowered

Yes, you should probably try using HCEOs rather than county court bailiffs if that is an option.

Does he own the property he is living in? You can find out by doing a land registry search. If so, you can try for a charging order.

None of what you mention about the new company seems relevant as you say you already have a CCJ against this person personally.

bris

The bailiffs will have already determined he has nothing to take or they would have took it.


The fact he is a director of a Limited company is on no use to you and in this case is irrelevant.


He knows how to play the game, it wont be the first time he has done this and it wont be the last. he forms limited companies for a reason.

Castle

bris wrote: »

The fact he is a director of a Limited company is on no use to you and in this case is irrelevant.

Attachment of Earnings if the company is paying remuneration?

bris

Castle wrote: »

Attachment of Earnings if the company is paying remuneration?

He is the company, he can work for nothing paying his companies profits to the wife or family for admin or any other excuse he uses. That's the way these sharks operate, there is nothing to take because it's all hidden and filtered away.