Help enforcing CCJ

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  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    fatbelly wrote: »
    If the county court judgement had been varied to an order to pay by instalments of £100 per month, then you would not have been allowed to escalate this to the High Court. You would have been allowed to apply for a charging order.

    Presumably the ccj says 'payment forthwith'

    If he had applied (on a N245) to vary the order, then you would have been asked to approve this and if you did not agree there would have been a hearing. It's a bit of a process, which is why the courts charge £50 for it.

    It's unlikely the courts would have accepted £100 per month on a 10k+ debt, unless you agreed to it, as the repayment period (over 8 years) would not be deemed 'reasonable'

    I never agreed to anything. I had a chat with my friend too, the solicitor, and he has said what you have said.

    I think he is now trying to play funny beggars. He accused me of various things and how dare I escalate it further when I had agreed to £100 per month. Hahaha.

    He wrote to the HCEO and is now claiming I lied to them and didn't tell them about the agreement re: £100 per month. I've replied to the HCEO and explained that the agreement (if genuine) was between him and the CC and had nothing to do with me. And I also declared the £100 per month to the HCEO because before the writ was issued, they wanted to know the exact amount and I told them about all the £100 payments that had been made.

    I'm expecting him to go bankrupt in the near future.

    I've had some more texts off him but I have not bothered responding.
  • robatwork
    robatwork Posts: 7,090 Forumite
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    You shouldn't enter into any sort of communication with him now.

    If you want, text him to tell him you can't enter into any dialogue and he must deal direct with the court and the high court enforcement agency.
    I would certainly block his number too.

    You may find everything "he" owns is actually owned by his partner/wife in which case there may be nothing they can seize. Then you will need to go down the charging order on his property route. And you should for £10k.

    Keep us up to date, and will look forward to seeing him on can't pay we'll take it away quite soon.
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    mimi1234 wrote: »
    I'm expecting him to go bankrupt in the near future.

    If he has equity in those (investment) properties he is going to lose them.

    He will find he can't mess the Insolvency Service around - or he may end up with criminal charges.

    He doesn't sound (quite) that stupid. However, the rights of secured creditors take priority in bankruptcy so a charging order may be a good idea.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    I imagine the HCEOs will be used to this. They must hear all kinds of excuses.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    robatwork wrote: »
    Keep us up to date, and will look forward to seeing him on can't pay we'll take it away quite soon.

    I will do. Thanks for your advice.

    I've been watching that show on television. Most of the claims are like under £5K so it makes me feel quite worried.

    Hopefully this will all get sorted out as soon as possible and I will then have to take all the helpful people posting on here for a drink or three :beer::beer::beer:
  • macman
    macman Posts: 53,098 Forumite
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    edited 16 April 2017 at 10:23PM
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    The reason he is only paying himself £1,600pm is because he will be taking most of his income from the business in the form of a dividend, on which he will pay less tax. Clearly his lifestyle is not being maintained on £17,200pa...
    He is clearly rattled at the prospect of bailiffs turning up, so proceed with that ASAP.
    Is the CCJ against him, or his limited company? If the latter, you can't pursue his private assets.
    No free lunch, and no free laptop ;)
  • pmduk
    pmduk Posts: 10,655 Forumite
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    edited 18 April 2017 at 7:27PM
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    I've nothing constructive to add, except to say best of luck and please keep us updated, it may be helpful for others in the future.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    The business he owns is run by him and 2 siblings. When I spoke to the HCEO initially, he told me that they probably split the takings where the 2 siblings take most of the income and he gets the smallest amount hence not having much income even though he is the owner of the business.

    The CCJ is against him and not the company. Again, this has been clarified.

    I've had more texts off him since but I have no intention of replying.

    I will keep you informed of progress. If I get half the money back, I will be pleased!

    Just out of interest, why does the HCEO office not give me the details of the HCEO so I can explain everything in full detail to him/her? I've asked for their details but the HCEO office don't see to be forthcoming. Is this normal?
  • naedanger
    naedanger Posts: 3,102 Forumite
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    mimi1234 wrote: »
    Just out of interest, why does the HCEO office not give me the details of the HCEO so I can explain everything in full detail to him/her? I've asked for their details but the HCEO office don't see to be forthcoming. Is this normal?

    What sort of information are you wanting to give them?

    If it is about the case itself then I can understand why they won't be interested.

    But if you have information that should make it easier to recover the amount owed, e.g. details about where to find the debtor and/or their assets, then I am surprised the HCEO are not interested.
  • mimi1234
    mimi1234 Posts: 7,949 Forumite
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    Hi,


    It's about the case as in the payments he has made so it is all crystal clear.


    I'm happy to tell them where they can find him when he is not available as he has an estate agents where he normally is unless he is in Turkey or Dubai.


    I might just give them a call later on in the week.
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