CCJ Enforcement

[Sambur]

Hi,
I have a default judgement in my favour and the defendent has got the court to agree to a variation order of £15 per month, which he is paying. Under the circumstances it will take him well beyond the 6 years to pay me back. Can I still apply to send bailiffs, for an attachement of earnings or escalate the claim to high court?

[MIKE770]

no not if set by the court that is it! sure others will respond as well? do not push your luck things can backfire as has done in the past! (Cost)

[ploddertom]

You can only go for County Court Bailiff or HCEO if they default on their present payment arrangement. Of course there is nothing stopping you applying for a change in the Variation Order - getting it increased - but unless you are certain they can afford it you risk the chance of it being lowered further and/or their costs for attending if it went to a Hearing.

Just because you have a Judgment is no guarantee the money will ever be paid back.

[Sambur]

Thanks for your responses.

What I don’t understand is why is it called a payment arrangement if I didn’t agree to it. Why does the court send a letter stating that I don’t have to agree to it and then my decision is ignored. Is there something I I should file?

[MIKE770]

the arrangement is between the court and debtor usually after I&E sheet filled out, not your decision it is the courts - you cannot dictate courts responsibilities, you would be showing to be vindictive (a very expensive action if you persisted), by the way nobody saying that you will get it all paid either as events can over take the situation.

[jaguarsuk]

My advice to you on this thread and on your other is accept what you are getting because you are on a hiding to nothing.

If you apply to the court to vary the order the defendant will present the same evidence they did to set that repayment in the first placed and in the absence of evidence to the contrary your application would fail.

The defendant could then claim costs against you for preparing the I&E form along with attendance at court and ask that be set off against the debt. Equally if you apply for a third party debt order they could do the same by simply presenting a bank statement showing an overdrawn balance.

[Sambur]

The person provided an address and weekly tenancy cost at this address at £100 per week. I know this persons real address and someone else pay the bills.

Under the circumstances I find it had to just give up. But I won’t stoop to his level and therefore I’m looking for options.

The money he might be getting is from a court case.

[jaguarsuk]

The person provided an address and weekly tenancy cost at this address at £100 per week. I know this persons real address and someone else pay the bills.

Under the circumstances I find it had to just give up. But I won’t stoop to his level and therefore I’m looking for options.

The money he might be getting is from a court case.

Key word "might" - there is nothing to say his claim will be successful and even if it is his defendant might pay in instalments too.

Unless you can evidence that he is living at a different address and therefore does not pay rent of £100 per week then you have no grounds to apply to vary the order of the court.

You are being paid by the defendant the amount the court has ordered and therefore you have no right to enforce the judgement.

Under the circumstances I find it had to just give up.

You have a judgement and it's being paid, it's not a case of giving up as you have won. It might not be at the speed of repayment you'd like, but that's life I'm afraid.

I personally have a defendant paying me £25 a month when I know they can afford at least twice that as they were paying me £50 before defaulting and requiring court action. The court at the original hearing set the amount and I'd be foolish to challenge it because it'll just mean throwing good money after bad.

Sometimes you just need to know when to stop.

[Sambur]

As it’s a court case if he wins I want to know now if I can do something then. But it’s seems to be pretty clear that I won’t ever get my money back. Because I can’t think of any way of proving his real address. He’s lied to the court once and he’ll just do it again.

[jaguarsuk]

As it’s a court case if he wins I want to know now if I can do something then.

The only way you could do something is if you knew his defendant was going to pay money into his bank account and you could get a third party debt order on that bank account before his defendant does and he whips the money out.

As there are so many variants involved in that situation it's unlikely you'd be any further on than you are now.

Sometimes you just need to know when to stop.