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[Closed] Chances of getting money through court.

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Got a debt of about 1.6K and it's two years old.
Took the guy to court, but he agreed and signed a contract offering monthly payments if I stopped the court action.
I stopped it and he paid once and cleared off.
I've traced him to his parents house and I think his odd jobbing.
I want my money, interest, old and new court fees what do you think, surely he'll have to pay at some point even a tenner a month out of principle.


 
Posted : 17/03/2010 6:50 pm
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Don't see why not. Was the previous claim stayed (put on hold) or not?


 
Posted : 17/03/2010 6:54 pm
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Google 'small claims track' and follow the CAB's advice page. its very simple and should get you somewhere.

I would suggest you write to him one last time and tell him you will be taking the matter to court. You'll need to let him know before you go to court anyway, but he might start paying again. The second he stops, take it to court.


 
Posted : 17/03/2010 7:01 pm
 tron
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Can you not phone up a friendly debt collection agency? As far as I'm aware, it's difficult to get small claims court rulings enforced.


 
Posted : 17/03/2010 7:03 pm
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As far as I'm aware, it's difficult to get small claims court rulings enforced.

Same as any other judgement Shirley?


 
Posted : 17/03/2010 7:06 pm
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I've written, phoned and talked face to face. He just laughed at me and told me to take him to court.
I might look at selling the debt, just to give him some of the grief his caused me.
I don't think I'm doing anything wrong in selling my debt to the 'brothers on the travelers site' for say £800


 
Posted : 17/03/2010 7:10 pm
 tron
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Apocryphal tales I've heard suggest that the debtor usually claims poverty, a repayment plan of £4.50 a week for the rest of all time is agreed, and you're lucky if you get a month's worth of payments.

I am not a lawyer, and all that.


 
Posted : 17/03/2010 7:12 pm
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So, if you get an order through the court and he still does not pay, then you can take further action. Its not complicated and you don't need a Solicitor, just be able to apply to the court.
http://www.hmcourts-service.gov.uk/infoabout/enforcement/judgment/index.htm


 
Posted : 17/03/2010 7:24 pm
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Why are you wasting your money and your time going to talk to him again. If he's done a runner before he'll do it again. Go to court, get a final judgement. Then get a debt collector if he fails to pay after a given time.


 
Posted : 17/03/2010 8:30 pm
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No matter how much you're in the right & how many court orders you get, if he hasn't got any money, you can't get any off him
It'll only cost you

living with parents, odd jobbing - you've no chance IMO


 
Posted : 17/03/2010 8:34 pm
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I could take further action at further cost and he can still get out of paying, so no chance then?
He lives with his mum and pisses his money up in the pub every night and the chances are he is paid cash in hand.
Selling the debt to 'collecters' sounds best to me.


 
Posted : 17/03/2010 8:35 pm
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I've got a small claims ruling against someone for £3000+ and had a court officer (i.e. the "official" debt collectors)serve notice on him.

At first he admitted to being the defendant, then denied being the defendant, then claimed he was bankrupt..... but there's no record of this.

I could have his bank account arrested - but this only freezes what's in the account at the time it's arrested, so if he get's £10000 paid in the next day, he can do with that as he pleases. He also has to be left approx £300 in credit.

I'm going down the route of tracing a vehicle atm to try and have that arrested, but it's looking like he has nothing registered in his own name, even though he's still advertising in the local papers and still trading.

I've also come across a few people who claim to have murky connections.... none have maneged to put me onto someone who can collect as yet.

If anyone really does know a man who knows a man.... any chance you can put me in touch? East central Scotland.


 
Posted : 17/03/2010 9:43 pm