MoneyClaimOnline - Claim procedure

Comms69

The simple answer is that bailiffs cannot force entry into residential property, certainly even if they could check bank statements, they cannot seize money from a bank, and can only take certain goods from a domestic property.


You may get your money back - I doubt it.


I really think this is throwing good money after bad now and should be taken as a life lesson.

gaubuali

Hi,
Thank you for your advice.
Agreed with you because this took already 12 months.
My partner would like to try how far we can go because this is not a free lesson.
Like that I have learnt the existing of MoneyClaimOnline, this MoneySavingExpert forum and even more Warrant of Control, bailiffs, ... etc

However I still not understand why the police cannot consider this case as a crime because Miss K has lied to Police Officer and still has intend to steal this money ?

Comms69

gaubuali wrote: »

Hi,
Thank you for your advice.
Agreed with you because this took already 12 months.
My partner would like to try how far we can go because this is not a free lesson.
Like that I have learnt the existing of MoneyClaimOnline, this MoneySavingExpert forum and even more Warrant of Control, bailiffs, ... etc

However I still not understand why the police cannot consider this case as a crime because Miss K has lied to Police Officer and still has intend to steal this money ?

The reason is that there is no hope of prosecution, she intends to repay the money; even if its £1 a week.

You gave her the money, even if you believe this to be fraud; it’s impossible to prove.

unholyangel

Comms69 wrote: »

The simple answer is that bailiffs cannot force entry into residential property, certainly even if they could check bank statements, they cannot seize money from a bank, and can only take certain goods from a domestic property.


You may get your money back - I doubt it.


I really think this is throwing good money after bad now and should be taken as a life lesson.

Third party debt order enables you to freeze the account of a debtor.

I believe the loophole still hasn't been closed in england either (it has in scotland with a protected minimum balance). Meaning that while a creditor cannot touch a debtors earnings because they earn too little and the law says they need £x per week/month to live, the second their wage is paid into their bank it ceases to be protected and the creditor could freeze every penny.

Silent_Dancer

There is a risk that you end up throwing more good money after bad as this individual seems to know how to play the game.

At this stage I see your options as:

1) Writ of control
If judgement debt is over £600 then for £66 you can send in a high court enforcement officer to seize goods. However, there is a risk she may plead poverty and they return empty handed and you will be charged for this failure to collect. I suggest ringing a few of the HCEO companies as they will be able to tell you if they believe the debtor is worth pursuing.

2) Third Party Debt Order
As you paid by bank transfer you have a bank account to freeze. If the accounts are overdrawn then you will be unsuccessful. As the previous poster mentioned there is also a risk they claim hardship.

Silent_Dancer

Just an afterthought. Was Miss K selling possessions or was she acting as a trader i.e. buying and selling goods as a business.

If she is acting as a trader then Trading Standards would be responsible and she should be reported to them to protect other members of the public.

gaubuali

Hi SilentDancer,
Thank you for your advice.
Miss K was selling her possession.
We did report her on Facebook page. However, Miss K asked to delete this post because she has had intend to refund money. And she did call the Police to remove this post from Facebook page.