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After Judgement ?

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  • After Judgement ?

    Good afternoon folks, hope you are all well.
    as a recap, we were awarded judgment on a debt of £1500 plus our costs on 20 March 2018. The Judge asked if the Defendant could pay the amount that day, the answer was no they couldn't.
    The judge said he wasn't going to order for instalments but it was up to the Defendant to contact me as a matter of urgency to make arrangements to pay and stated that an mutually agreeable repayment plan should be in place and that if by 17 April 2017 this matter wasn't resolved, then a CCJ would be made.
    I can't remember what else he said, only inso far as if it wasn't agreed, then a CCJ would be issued.
    nothing further was discussed at court and was hopeful,that the Defendant would make an attempt to pay or get in touch.

    Today, I received a letter which makes no sense for the majority of it, from the Defendant. the offer is £50 per month for 36 months.
    This is outrageous. I am not willing to accept these instalments and be tied to this debt for three years when their disposable income is far fargreater now than when repayments were being made prior to the court proceedings being brought
    The Defendant has been promoted (not sure if I believe it or not) in employment, meaning earnings would be around £30k p.a. They have minimal outgoings, not paying any of the mortgage in a jointly owned property or associated household bills!

    Does this mean that the Defendant has a CCJ against them at this time or not?

    Defendant states (which I don't understand)
    "This amount is affordable for myself at this current moment in time and when able additional amounts will be payed (sic) to yourself Mr OB when financially affordable for myself....."

    the final paragraph from the Defendant states
    "If you are OK with this payment plan would you please contact me so I can arrange a standing order to be set up and the court be notified"

    What do I do next. I intend to respond somehow and refuse and copy the court in. Will this look unfavourable to the court by me refusing the insulting offer.
    many thanks for any advice.
    Ollie B
    Tags: None

  • #2
    This is already being discussed here: http://legalbeagles.info/forums/foru...terclaim/page4
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      The defendant has a ccj against them you can either accept the payment or not as you are unhappy with it which is a bit bad £50 you can either get the judgment sent up to the Sheriffs you may have to pay a fee or not if you are on a low income and get all of your money back plus interest, any questions feel free to ask.

      Comment


      • #4
        No point in sheriffs, Defendant has no assets.. will be an attachment of earnings order.

        Comment


        • #5
          How do you know if they have any assets Sheriffs can take cars anything that belongs to the person to recover the debt it could work in your favour.

          Comment


          • #6
            Ha ha, the person lived at my property for a year,... left a lot of evidence behind and posts too much on social media...... has car on finance, has a bank loan... jointly owns a property with my son but doesn't live in it.. no equity in it to sell...... now lives with new partner in a rented slum... works full time.
            I don't think that dozens of pairs of trainers and health supplements or a dog will qualify as assets.
            Has already sold what limited possessions there was on local selling sites !

            So bailiffs won't work for me.... attachment of earnings is the way forward

            Comment


            • #7
              Oh right you can seize computers mobile phones tv's etc that may help but realistically then if he hasnt got much that's what you can only accept.

              Comment


              • #8
                Originally posted by sloane82 View Post
                Oh right you can seize computers mobile phones tv's etc that may help but realistically then if he hasnt got much that's what you can only accept.
                SLOANE, you seem to be asking for legal advice on one thread and giving out legal advice on this one. Either you're totally unqualified in law or you've a first in Jurisprudence from Oxford.

                Comment


                • #9
                  The problem with a Warrant or Writ of control is that assets have about a 6th of their value at auction as opposed to when new, so even if the Defendant had an iPhone you're looking at a value of £100 for it. Laptop probably same value and actually assets are very easy to sell to a partner for example before a bailiff has a chance to seize them.

                  AoE is the most sensible way forward as the defendant is very unlikely to just stop working as a result of this and go on to benefits.
                  Last edited by jaguarsuk; 16th April 2018, 10:09:AM.
                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment


                  • #10
                    Thank you everyone.
                    can this post be closed thank you

                    Comment


                    • #11
                      It can.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment

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