We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

So I got my CCJ: Now what?

So I got my CCJ: Now what?

I was unlucky enough (or stupid enough) to pay a dodgy tradesman (crook IMO) £500+ as a deposit for work that was never carried out.

Long story short I undertook civil proceedings and have been eventually awarded a CCJ against him.

I know from several other people in a similar position that paying for bailiffs to attempt recovery is good money after bad as he appaerently doesn’t ‘own’ anything

However I am reasonably well informed that he has ‘means’ of some description as he eats, and drinks, and drives a car and runs a van etc. etc.

I have been looking at enforcement options and one option is to force him to come to court and disclose various aspects of his finances https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning

Hopefully this would compel him to reveal where his cash is etc. and what he own such that recovery can then be properly targeted (vs the bailiffs who just ineffectually knock on this door)

Does anyone have any experience of using this route? How effective is it?


Thanks
Left is never right but I always am.

Comments

  • lincroft1710
    lincroft1710 Posts: 19,043 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    However I am reasonably well informed that he has ‘means’ of some description as he eats, and drinks, and drives a car and runs a van etc. etc.

    1. If he didn't eat, he would starve

    2. If he didn't drink, he would die of thirst

    3. The car could be on lease or HP etc

    4. The van could be on lease or HP etc
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    Thanks ; yes I know - however he is clearly earning money to pay for these things, some of which is mine by legal right
    Left is never right but I always am.
  • Oakdene
    Oakdene Posts: 2,560 Forumite
    1,000 Posts Combo Breaker
    Call the Sheriffs!!!!
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    An order for the debtor to come to court for questioning still ultimately relies on the debtor coming to court. He may just ignore the paperwork.

    You could ultimately escalate things to the stage of having him imprisoned for contempt of court if he still refuses to attend. But unsurprisingly there are a lot of hoops to jump through and court applications to be made before you get to that stage.

    If the debt is more than £600 try sending it to HCEOs. Though ultimately may not be a great deal they can do if the cars are on finance.

    Do you have his bank account details? If so consider seeking a third party debt order.
  • Mistermeaner
    Mistermeaner Posts: 3,024 Forumite
    Part of the Furniture 1,000 Posts
    I did have his bank details ; doubt they still valid though

    3rd party debt order as I understand it involves me paying 100quid gambling that at the moment the freeze is placed I (a) get the right account and (b) it actually has something in it at that very point in time
    Left is never right but I always am.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I did have his bank details ; doubt they still valid though

    3rd party debt order as I understand it involves me paying 100quid gambling that at the moment the freeze is placed I (a) get the right account and (b) it actually has something in it at that very point in time

    Yes, that's exactly right. If the account it in use it can be a gamble worth taking, but probably not if the account is no longer in use.
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your first gamble was taking him to court in the first place.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.8K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.8K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.