Debt recovery question
Discussion
Unfortunately, I lent a former work colleague of mine 3 grand, they then disappeared from work and although still responding to my texts I am no nearer getting the money back from them 12 months on. Basically they are fobbing me off.
They also no longer live at their previous address and I have no idea where they now live (although I'm fairly sure of the general area).
What would be the best next step and how would I go about finding out their new address?
I'm aware of the court claims procedure or what used to be known as the small claims court, but as I don't know their new address I'm at a loss how to start it.
Any help would be appreciated!
They also no longer live at their previous address and I have no idea where they now live (although I'm fairly sure of the general area).
What would be the best next step and how would I go about finding out their new address?
I'm aware of the court claims procedure or what used to be known as the small claims court, but as I don't know their new address I'm at a loss how to start it.
Any help would be appreciated!
zarjaz1991 said:
I’ve a nasty feeling you’d be better off writing this off as a bit of a life lesson, unfortunately.
You could well be right. But even if I can't get the money back I'd like to make sure they have a CCJ etc against them. They also own their own property or a mortgage if that changes anything?CarlosSainz100 said:
You could well be right. But even if I can't get the money back I'd like to make sure they have a CCJ etc against them. They also own their own property or a mortgage if that changes anything?
Is it possible to get a CCJ without it being a fully legally documented and agreed loan? If it is that, then it’s probably worth doing the letter before action. After that you’re in the position of throwing good money after bad. Sometimes it can be on principle but that rarely ends well, or cheaply.Rufus Stone said:
Once you find the address, file a County Court claim via the Money Claim website.
If you get a judgment for full payment and he doesn't pay, you can apply for his bankruptcy or apply to lodge the debt against his home at Land Registry. He then can never move home without paying you.
Presumably this would also stop them remortgaging?If you get a judgment for full payment and he doesn't pay, you can apply for his bankruptcy or apply to lodge the debt against his home at Land Registry. He then can never move home without paying you.
Rufus Stone said:
CarlosSainz100 said:
Presumably this would also stop them remortgaging?
I think so. You would have a Charge on his house authorised by the Court and I think anyone seeking to put a new Charge on would need your permission.Simpo Two said:
Or rather than wait 20 years until he moves house, get High Court bailiffs to take his car away. That usually gets the wallet open. You just need a CCJ first.
Depends if he owns it outright and if it’s worth enough to cover the debt and the fees, which will be substantial by that point.Also if he needs it to earn a living that can be a defence against it being taken.
They work from home so not having a car wouldn't be an issue.....
Can someone with a bit more experience in this area than me explain how a court would workout how much they would have to pay and when and how? Assuming they respond in the first place?
What I really don't want is for them to agree a pitiful amount a month to pay back.
Can someone with a bit more experience in this area than me explain how a court would workout how much they would have to pay and when and how? Assuming they respond in the first place?
What I really don't want is for them to agree a pitiful amount a month to pay back.
This explains the final stage of the process: https://www.gov.uk/make-court-claim-for-money/enfo...
Once judgement in your favour has been granted, the debtor will have the opportunity to convince the court that he can only afford to repay you 50p per month.
Hopefully he's not self-employed, because then you could obtain an attachment of earnings to ensure you get your 50p on a regular basis.
Once judgement in your favour has been granted, the debtor will have the opportunity to convince the court that he can only afford to repay you 50p per month.
Hopefully he's not self-employed, because then you could obtain an attachment of earnings to ensure you get your 50p on a regular basis.
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