Agreed to Debtor making monthly payments - payments stopped, debtor moved

[Jcarver]

Hi All,

I am looking for some advice on what my next step should be. Following small claim mediation with a debtor I agreed to accept monthly payments. However after 3 payments the debtor stopped paying and has moved house. Unfortunately I cannot find where the new address is and the court has basically said they cannot advise on what to do. The same with the Money Claim Online.

I could do a 3rd party debt order but have been told that because judgement wasnt made that cannot be done. At same time the court seems to not know what step for me to make which seems poor form.

Does anyone know if there is a form for me to fill in to get this restarted? Do I need the new address of the debtor or will the court use their own powers to find this?
Thankyou

[jaguarsuk]

Hi All,

I am looking for some advice on what my next step should be. Following small claim mediation with a debtor I agreed to accept monthly payments. However after 3 payments the debtor stopped paying and has moved house. Unfortunately I cannot find where the new address is and the court has basically said they cannot advise on what to do. The same with the Money Claim Online.

I could do a 3rd party debt order but have been told that because judgement wasnt made that cannot be done. At same time the court seems to not know what step for me to make which seems poor form.

Does anyone know if there is a form for me to fill in to get this restarted? Do I need the new address of the debtor or will the court use their own powers to find this?
Thankyou

The court staff cannot advise you because they are not allowed, was the agreement made via the Small Claims Mediation Team?

[pt2537]

Hi All,

I am looking for some advice on what my next step should be. Following small claim mediation with a debtor I agreed to accept monthly payments. However after 3 payments the debtor stopped paying and has moved house. Unfortunately I cannot find where the new address is and the court has basically said they cannot advise on what to do. The same with the Money Claim Online.

I could do a 3rd party debt order but have been told that because judgement wasnt made that cannot be done. At same time the court seems to not know what step for me to make which seems poor form.

Does anyone know if there is a form for me to fill in to get this restarted? Do I need the new address of the debtor or will the court use their own powers to find this?
Thankyou

there are tracing agents out there who could track them down for you. TPower are one company.

Once you know where they are you can seek to enforce the settlement agreement against them.

[Jcarver]

The court staff cannot advise you because they are not allowed, was the agreement made via the Small Claims Mediation Team?

Hi,

Yes it was.

[Jcarver]

The court staff cannot advise you because they are not allowed, was the agreement made via the Small Claims Mediation Team?

Surely, my asking if there is a form or what the actual process is regarding debtor not paying, is not seeking legal advise but rather enquiring as to court process?
All seems made to make more money for the court imo.

[Jcarver]

there are tracing agents out there who could track them down for you. TPower are one company.

Once you know where they are you can seek to enforce the settlement agreement against them.

I couldnt find Tpower on a search. I dont suppose you have a link do you?

[des8]

http://tpowersolutions.co.uk/page9.html

[jaguarsuk]

Hi,

Yes it was.

Then as stated above you can use form N244 to make an application to the court to enter judgement against the claimant due to breaching the mediation agreement once you know the defendants address to serve them.

Surely, my asking if there is a form or what the actual process is regarding debtor not paying, is not seeking legal advise but rather enquiring as to court process?
All seems made to make more money for the court imo.

Unfortunately asking about process is advice as usually there's not one straight forward way of doing anything with the court. As such the staff tend to be cautious and just tell you to seek advice elsewhere.

[pt2537]

Surely, my asking if there is a form or what the actual process is regarding debtor not paying, is not seeking legal advise but rather enquiring as to court process?
All seems made to make more money for the court imo.

but you are seeking advice, youre asking what form to use or what the process is, that is normally advice given by a lawyer. If the Court staff get it wrong then you could end up wasting money hence why they simply decline to advise