Consumer rights regarding Personal Trainer

Mackers12

Thanks powerful_rogue, but the debt is currently below the threshold for escalating to high court enforcement officers! 

Lomast

powerful_Rogue said:

I would send in the High Court Enforecement Officers (Sherriffs).

Does that not require the judgement to be above £600

unholyangel

The third party debt order/charging order, why do you think he can lie to get out of them? 
the third party order would be you (for example) serving notice on his bank and they would freeze the funds to comply with the court order that instructs them to do so. If he wants to dispute it then he needs to go through the courts. The only catch with this is whether its a joint bank account and whether there are any funds in the account on the day. So it's best used if you know when there will be funds. 

Mackers12

 why do you think he can lie to get out of them? 

Just trying to think of possible eventualities I guess. He has blatantly lied to me on numerous occasions about the situation, so I wouldn't be surprised if he fabricated something to try and challenge the judgement and mislead the court! 

Also - any views or advice on the question about pursuing enforcement at a new address which is different than the one on the judgement?  If I did pursue enforcement at his new address - would the judgement in anyway be linked to this address?

I guess if I did go down a TPDO, perhaps I might not need to inform the court of his new address (?) as I already have his bank details... but I also wouldn't want it to backfire with him not showing up to the hearing, and it looking like I'm being sneaky by continuing to use an address where he no longer has access to, and may not have eg postal redirect in place for.

Thanks everyone!

Mackers12

Had a chat with Citizens Advice, who advised that I can enforce against the judgement at a different address, so I can inform the court of the new address when enforcing. 
Still not clear if enforcing the CCJ at a new address will do anything to their credit rating.. but hoping it will! 

Has anyone had any experience of going down the third-party debt order route? As my judgement was a default, I'm wondering to what extent the hearing is likely to be a discussion about whether the debt is owed... ie could it replicate what a claim hearing would have been.. where eg I argue and provide evidence the debt is owed.. he (may) argue it's not etc or has that ship now sailed and it's purely (or primarily) just taken as a given that the CCJ is in place, so there's an obligation on the debtor to pay - and discussion at the hearing is more around the things listed in form EX325 around whether its in his name, whether there is credit at the time. and whether there are hardship considerations etc? 

JJ_Egan

https://forums.moneysavingexpert.com/profile/comments/SLF212

reported multiple spam posts

Mackers12

Hi all,

I didn't take any enforcement action against the former PT forward due to COVID-19, but am now considering options. It seems like the best two options I have are a charging order (as from a land registry search I am aware he owns his flat) and a TPDO (assuming he is still using the same account I paid into). 

Ps - I'm not sure what the JJ_Egan comment is referring to - it certainly wasn't me spamming any threads!

Any advice? I'm leaning towards a TPDO on the basis it is more likely (if I time it right) to get me the money more quickly. 

Mackers12

Shameless self bump - in case anyone has views on my post above (it would be very much appreciated)!