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  • FIRST POST
    • Mistermeaner
    • By Mistermeaner 16th Apr 18, 3:52 PM
    • 2,430Posts
    • 3,021Thanks
    Mistermeaner
    So I got my CCJ: Now what?
    • #1
    • 16th Apr 18, 3:52 PM
    So I got my CCJ: Now what? 16th Apr 18 at 3:52 PM
    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.
Page 1
    • lincroft1710
    • By lincroft1710 16th Apr 18, 4:23 PM
    • 10,674 Posts
    • 8,911 Thanks
    lincroft1710
    • #2
    • 16th Apr 18, 4:23 PM
    • #2
    • 16th Apr 18, 4:23 PM

    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.
    Originally posted by Mistermeaner
    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
    • Mistermeaner
    • By Mistermeaner 16th Apr 18, 4:37 PM
    • 2,430 Posts
    • 3,021 Thanks
    Mistermeaner
    • #3
    • 16th Apr 18, 4:37 PM
    • #3
    • 16th Apr 18, 4:37 PM
    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
    • By Oakdene 16th Apr 18, 4:38 PM
    • 1,935 Posts
    • 7,103 Thanks
    Oakdene
    • #4
    • 16th Apr 18, 4:38 PM
    • #4
    • 16th Apr 18, 4:38 PM
    Call the Sheriffs!!!!
    Hiraeth
    • steampowered
    • By steampowered 16th Apr 18, 7:49 PM
    • 2,504 Posts
    • 2,425 Thanks
    steampowered
    • #5
    • 16th Apr 18, 7:49 PM
    • #5
    • 16th Apr 18, 7:49 PM
    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
    • By Mistermeaner 16th Apr 18, 8:18 PM
    • 2,430 Posts
    • 3,021 Thanks
    Mistermeaner
    • #6
    • 16th Apr 18, 8:18 PM
    • #6
    • 16th Apr 18, 8:18 PM
    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
    • By steampowered 16th Apr 18, 10:17 PM
    • 2,504 Posts
    • 2,425 Thanks
    steampowered
    • #7
    • 16th Apr 18, 10:17 PM
    • #7
    • 16th Apr 18, 10:17 PM
    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
    Originally posted by Mistermeaner
    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
    • By pmduk 17th Apr 18, 5:42 PM
    • 8,366 Posts
    • 6,182 Thanks
    pmduk
    • #8
    • 17th Apr 18, 5:42 PM
    • #8
    • 17th Apr 18, 5:42 PM
    Your first gamble was taking him to court in the first place.
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