I'm owed some cash

[Thankyou4calling]

Creditor won't pay (individual not a company)

Obviously I could go down the normal PH route being a powerfully built company director but in addition I'd like to take a small (£700) claim to court.

Any advice or pitfalls to avoid or ways to increase the chance of the person paying if judgement against is given?

Thanks

[Jasandjules]

Ask the creditor to send you a cheque for the money. They may send you a cheque as they can stop it.... BUT you can then sue on the cheque....

[LoonR1]

Thankyou4calling said:

Creditor won't pay (individual not a company)

Obviously I could go down the normal PH route being a powerfully built company director but in addition I'd like to take a small (£700) claim to court.

Any advice or pitfalls to avoid or ways to increase the chance of the person paying if judgement against is given?

Thanks

I thought a creditor is someone that you owe money to and a debtor is someone who owes you money

[Red Devil]

LoonR1 said:

Thankyou4calling said:

Creditor won't pay (individual not a company)

Obviously I could go down the normal PH route being a powerfully built company director but in addition I'd like to take a small (£700) claim to court.

Any advice or pitfalls to avoid or ways to increase the chance of the person paying if judgement against is given?

Thanks

I thought a creditor is someone that you owe money to and a debtor is someone who owes you money

10/10. I blame bank statements for people getting confused about this. The statement shows the position in the bank's books not yours.
The bank owes you the money you have deposited, therefore you are a creditor (unless you have a overdraft which makes you the bank's debtor).

OP: MCOL - http://www.justice.gov.uk/downloads/courts/mcol-qu... - is simple to use.
Just make sure your particulars of claim is sufficiently detailed and properly completed.
Getting the correct address for service is essential otherwise you will have to start over.

When judgement is given in the County Court and if the debtor doesn't pay, don't bother with a CC bailiff: they have little real power. £700 is above threshold where you can escalate the debt to the High Court. A writ will only cost you a one off £60 fee. All other additional costs have to paid by the debtor - http://www.hceoa.org.uk/faq/do-you-need-the-servic...

Either way, if the individual has no assets against which to levy you will be wasting your time and money.
Your only real option then is, if the individual is in paid employment and you know who they work for, to try for an AEO.
http://www.familylaw.co.uk/system/uploads/attachme...
http://www.justice.gov.uk/downloads/courts/central...

[Thankyou4calling]

Red Devil said:

10/10. I blame bank statements for people getting confused about this. The statement shows the position in the bank's books not yours.
The bank owes you the money you have deposited, therefore you are a creditor (unless you have a overdraft which makes you the bank's debtor).

OP: MCOL - http://www.justice.gov.uk/downloads/courts/mcol-qu... - is simple to use.
Just make sure your particulars of claim is sufficiently detailed and properly completed.
Getting the correct address for service is essential otherwise you will have to start over.

When judgement is given in the County Court and if the debtor doesn't pay, don't bother with a CC bailiff: they have little real power. £700 is above threshold where you can escalate the debt to the High Court. A writ will only cost you a one off £60 fee. All other additional costs have to paid by the debtor - http://www.hceoa.org.uk/faq/do-you-need-the-servic...

Either way, if the individual has no assets against which to levy you will be wasting your time and money.
Your only real option then is, if the individual is in paid employment and you know who they work for, to try for an AEO.
http://www.familylaw.co.uk/system/uploads/attachme...
http://www.justice.gov.uk/downloads/courts/central...

Thanks. Excellent advice. May I ask, if I submit a claim and it's delivered to the "Debtor" is it by hand or by mail, and, what if either the person answering the door says the person doesn't live there or they return to sender the papers, basically lying.

[Red Devil]

Thankyou4calling said:

Thanks. Excellent advice. May I ask, if I submit a claim and it's delivered to the "Debtor" is it by hand or by mail, and, what if either the person answering the door says the person doesn't live there or they return to sender the papers, basically lying.

MCOL service will be by post. There is always the risk that RM will fail to deliver it. That will surface when you have obtained judgement by default (due to no defence being lodged). The defendant would then have to apply for the county court judgement to be set aside and the process restarted. If it had got as far as a HCEO enforcing a writ the debtor would have to apply to the court (which means you wouldn't receive any payment had been collected by the HCEO until the case had been reheard).

I have never been on the receiving end but AFAIK the claim papers are not sent by RD so the question of answering the door doesn't arise. The postie delivers them the same as any other regular mail. So returning them to the court 'not at this address', if untrue, would be a risky strategy. There are plenty of ways to find out if the person concerned really does live there. Your only real problem is if they are a tenant and move out sharpish before enforcement action (if needed) begins.

Edited by Red Devil on Sunday 27th April 19:42

[7db]

Before you launch a MCOL claim, please follow the procedure in the CPR Pre-Action advice, Appendix A gives a good guide for what to do before the claim. It smooths the process no end if you do this stuff properly.

http://www.justice.gov.uk/courts/procedure-rules/c...