It's a debtor's world - How far can the defendant go with this MCOL claim

[setdetnet]

Hello forumites and all gurus...

May I invite views/help please. I am wondering what routes of further evasion a Debtor can utilise to avoid paying a debt.

1.2.2019 Money loaned to Debtor with paperwork and evidence.
1.10.2019 No repayment so MCOL Claim raised. Debtor admits the debt in full but says he cannot pay.
7.11.2020 CCJ obtained. Sealed Order . Defendant Ordered to pay by instalments.
My (Claimant) Application for costs to be added. Granted
Two attempts by the Defendant to Set Aside the Order and then to request a Hearing. Denied.
10.12.2020 Sealed Order made for defendant to pay increased instalments (now including costs).
No payment received to date so High Court Writ applied and granted.
15.02.2021 Defendant makes application to stay writ citing in his Statement of Truth that he has not received any Orders. Bizarrely the court grant Stay on 16.02.2021 Sealed Order on a no-notice basis and without hearing. Court allows appeal under CPR23.9 (to set aside or vary).
16;02.2021 I apply under CPR 23.10 to have the Order Set Aside on the basis that the debtor has made admission of debt in full, has failed to pay any instalments of any Order, and all Orders have been made and issued in accordance with procedure and sent to the defendants address - the address he provided on all previous correspondence , therefore there is no basis for a stay.

I am surprised the stay was granted on the basis purely of the defendant's Statement of Truth that he did not receive any orders and knew nothing about enforcement. Surely the court should/could have checked the file to view all Orders granted under the claim. Bizarre.

I await the courts decision to my application which has been accepted and payment requested. £255 , by the way how do I claim this or add it to the claim - is it possible , provided the judge lifts the stay of course. But if I add costs then a new Order will be issued and then I will have to re-apply for another writ I presume?


How much more can this defendant do to continue to evade paying ? what procedures are left for him?

[ploddertom]

Just because you have Judgment in your favour is no guarantee it will ever get paid. Does your Defendant have any assets, is he/she employed gainfully - Attachment of earnings may be a possibility?

A lot will depend on how much you want to spend seeking enforcment. You could seek an Order for Questioning where they are summonsed to explain why they have not paid - if the refuse they could be guilty of Contempt.

What you explained by them gaining a Stay of Execution is quite common so I wouldn't read too much into that. A lot are overturned at a fuller Hearing.

[islandgirl]

attachment of earnings or charging order on property have worked for me!

[setdetnet]

Thank you for the replies.

He is self employed.

The Stay: Didn't think I was reading too much into anything just cannot believe the judge or practically the Clerks look at the file to see what previous Orders the court has issued. Gosh, it seems an obvious pre-requisite to considering a subsequent order. I'm surprised that nothing on file was examined. Or so it appears at least. Joke.


Assets: He does have a second home bought with his wife. I could start applying for a charge against that asset but that isn't going to get the money paid soon and is - I am informed - a long process that can be further compounded by various defences.
The High Court have now escalated Enforcement Action but I'm not sure what they can practically accomplish - whilst we are under COVID rules.

[islandgirl]

I put the charging order on first then sent the debt to the high court then the baliffs went in. Went from getting zero to getting £100 a month and then finally after about 5 years paid the remainder to release the charge when he wanted to sell.

[ploddertom]

If he is self employed then an Attachment of Earnings cannot be obtained but dependent on what he does do could mean he could have assets seized.

[setdetnet]

He is a builder. Hopefully the HCEO clamping of his van with tools inside will encourage payment.

[setdetnet]

I put the charging order on first then sent the debt to the high court then the baliffs went in. Went from getting zero to getting £100 a month and then finally after about 5 years paid the remainder to release the charge when he wanted to sell.

Hi , thank you for the insight.

I could submit an N315+X140 to confirm he has a second home but I already know that because that is where my loan to him was invested.

I have heard that judges will not easily allow charges to be put on houses and the process can be difficult. What was your experience?

[islandgirl]

It was a few years ago and I have forgotten the details but I remember just filling in a form (I did it myself) with proof of the CCJ judgement and getting it done. Then I contacted High Court Enforcment (a company based in Conwy Wales I think with branches everywhere) and they arranged for the CCJ to get sent up to the High Court. Once that was done they paid him a visit. He had very little of worth but they managed to get him to agree to £100 a month (I don't think he liked the neighbours knowing anything was going on!) Good luck if you try and let us know what happened. Re the second home - have you downladed the information from the Land Registry - costs £3 I think and shows the registered owners.