Judgement achieved against debtor - what now?
Judgement achieved against debtor - what now?
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AndStilliRise

Original Poster:

2,295 posts

146 months

Monday 29th December 2014
quotequote all
Following on from this:
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

I raised a MCOL and a judgment was issued to her on the 19/12/2014 instructing payment immediately. I am guessing that she would have paid by now if she was going to or made contact.

Would anyone know the best way to go forward now? Bailiffs? Solicitors?


Turn7

25,753 posts

251 months

Monday 29th December 2014
quotequote all
high court writ ?

Simpo Two

92,953 posts

295 months

Monday 29th December 2014
quotequote all
High Court isn't an option for £160 + whatever the (snall) costs are.

Unfortunately this is where the British legal system reaches the edge of the cliff. The money is on the other side and there's no easy way to get it. You may have had a leaflet from the court along the lines of 'What do I do now?' - this will list the 4-5 options that are legally available to you. Unfortunately they are all rather weak and if the debtor really doesn't want to pay, they still won't.

It's a sad contrast with what happens if you don't pay a parking/speeding fine/council tax. Upset HM Govt and you go to jail, but if the creditor is anyone else, HM Govt ain't interested.

Whatever you do next will involve extra costs and a great deal of time. So you can battle it on for uncertain results (extra costs are not reclaimable) or say 'fk it may they rot in hell' and move on. Or Option 3 - ring her up and ask... you never know.

AndStilliRise

Original Poster:

2,295 posts

146 months

Monday 29th December 2014
quotequote all
Simpo Two said:
High Court isn't an option for £160 + whatever the (snall) costs are.

Unfortunately this is where the British legal system reaches the edge of the cliff. The money is on the other side and there's no easy way to get it. You may have had a leaflet from the court along the lines of 'What do I do now?' - this will list the 4-5 options that are legally available to you. Unfortunately they are all rather weak and if the debtor really doesn't want to pay, they still won't.

It's a sad contrast with what happens if you don't pay a parking/speeding fine/council tax. Upset HM Govt and you go to jail, but if the creditor is anyone else, HM Govt ain't interested.

Whatever you do next will involve extra costs and a great deal of time. So you can battle it on for uncertain results (extra costs are not reclaimable) or say 'fk it may they rot in hell' and move on. Or Option 3 - ring her up and ask... you never know.
I was hoping to recover the money. That being said if a CCJ is not enough of a deterrent then I am not prepared to spend more money to recover a smallish debt.

Talked to a bailiff and he suggested a County Court Writ?

Simpo Two

92,953 posts

295 months

Monday 29th December 2014
quotequote all
AndStilliRise said:
I was hoping to recover the money. That being said if a CCJ is not enough of a deterrent then I am not prepared to spend more money to recover a smallish debt.

Talked to a bailiff and he suggested a County Court Writ?
I googled that and it doesn't seem to exist. The HIGH Court can be very effective (you may have seen High Court bailiffs in action on TV) but it only works for £600+.

I agree it would be foolish to spend more for no uncertan reward. So a surprise visit to her, being awfully nice but with suitable implications if she doesn't cough up now, might work. In other words, a personal bailiff.

z4RRSchris99

12,527 posts

209 months

Monday 29th December 2014
quotequote all
if the threat of a CCJ didn't make them pay then good luck.

I'd write it off