CCJ Enforcement

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I'm sorry if this is post is in the wrong place, but Im at my witts end and seeking advice regarding a debt owed to me/my hubby.


Cutting a long story short, we have had a long running dispute with a neighbour over anti social behaviour which resulted in them causing £1500 of damage to our property. Although we are private home owners, our neighbours are council tenants. After much arguing, our neighbours finally agreed to pay for the damage damage in monthly installments via a community order. We agreed to give them benefit of doubt, save police time and spare them a potential criminal record and so an amount was agreeded. The money was never forthcoming and after many more arguments we took them to small claims court and won our case.

We paid our local court £110 to enforce the judgement however, upon the bailiffs visiting them home they have nothing worth taking and so they deemed their work done. My neighbours do not work, but find the money for Sky tv, pubs every weekend, smoking etc etc and declared a disposable income of almost £500 in court papers (after all deductions for expenses) so they absolutely can afford to pay even a nominal amount.

We are mot exactly flush for money. Hubby works 12 hour shifts plus overtime to make ends meat. We have had to budget to repair the damage caused. We have contatcted the council who are not intetested saying its a civil matter and they won't get involved. Where do we go from here? Surely if a court orders a sum of money to be paid it should be enforcable? Any advice would be most welcomed.

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  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    Hi,

    County court bayliffs don’t have a great deal of clout, if they have no assets to seize, and don’t work, then your options are extremely limited.

    You could upgrade to the High Court and engage high Court enforcement officers to call on them, but again, with no assets, the best they could achieve would either be whatever cash they had, and/or monthly payments to you.

    Thing is if they don’t make those payments you can’t take this any further as they have no assets to realise.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • jandc6476
    jandc6476 Posts: 21 Forumite
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    Many thanks for the reply. I find it incredible that a judgement can be awarded yet not enforced. Does this not just open up the possibility to simply run up debts you have no intention of paying? They can afford at least a nominal payment. Do you know how I could go about enforcing that? Is a private agency a viable possibility?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    jandc6476 wrote: »
    Many thanks for the reply. I find it incredible that a judgement can be awarded yet not enforced. Does this not just open up the possibility to simply run up debts you have no intention of paying? They can afford at least a nominal payment. Do you know how I could go about enforcing that? Is a private agency a viable possibility?

    Taking someone to court who has no job or assets is always going to end badly, if the debtor has assets to seize, all well and good, if they work, then you can obtain an attachment to earnings order, but if they have nothing that can be seized, then the bailiffs cannot force them to pay, if they refuse, there is nothing else you can do.

    Obtaining a CCJ is no guarantee of payment I’m afraid.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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