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Judgement not paid - what is my next option?

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  • Judgement not paid - what is my next option?

    1st time poster, so sorry for any mistakes or lack of knowledge

    Story so far

    A so called "friend" borrowed some money before Christmas and promised to pay it back the following week (had proof by text messages) ..... many weeks went by and they had still not repaid
    Friendship broke down, I asked them to make payment - they ignored all my messages then blocked me
    Sent an LBA on 24th February which went ignored
    Started MCOL on 13th March which again went ignored (apart from receiving a nasty text saying they will not give me my money back)
    Judgement was issued by default on 5th April ... you guessed it, as of 19th May - also ignored


    What is the next option?
    The total amount owed was only £100 + £35 MCOL fee .... So I presume a Warrant of Control is out of the question as it is under the £600 threshold
    I know it is not a great amount, but in this current climate - every bit of money counts

    Thanks in advance




    Tags: None

  • #2
    "in this current climate - every bit of money counts"
    And if you succeed, how much will you recover?

    Comment


    • #3
      Personally write this down as a lesson learned, don't throw more money at a lost cause.

      Comment


      • #4
        A useful rule of thumb in many areas of litigation.
        First, make sure that the party you intend to sue isn't potless.

        Is the debtor employed?
        Last edited by charitynjw; 21st May 2023, 08:59:AM.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          I wouldn't throw good money after bad either.

          But if you think that means the friend has "got away with it" remember that if the friend doesn't pay s/he will soon have an unsatisfied CCJ/County Court Judgement registered against them. This will impair their credit record as they will soon find out next time they try to rent somewhere to live, enter into a new mobile phone contract or a new insurance policy paid by monthly installments, for example.

          In the end the hassle the unpaid CCJ will cause them will probably cost them more than if they had just repaid you the money

          What are CCJs and How Do They Work? | Experian
          Last edited by PallasAthena; 21st May 2023, 09:50:AM.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            well if it was me I would want revenge ie to make them pay the money! Good question re employment - you can go for attachment of earnings. You can't send to the high court for that value (pity, that would have sent the not very nice debt collectors round)

            Comment


            • #7
              well I with my wife (ex_) loaned for a friend (Ex) wedding as I was best man & he was finishing his job and getting paid the following Monday also some white goods I sold him for his new start in life in new location. his father came down for the wedding and asked if I wanted his telephone number? wish I had taken it., the ex friend had packed up with his new wife late the night before and left property, found out as an arranged time of 5.30 a.m. to help load up before banks open to get his wages etc.

              Rang his old works and they stated he was paid up on and all monies paid to him and paperwork. never found him only an area he said he was going has no knowledge> do not let them get away with it these days.

              Comment


              • #8
                Originally posted by islandgirl View Post
                well if it was me I would want revenge ie to make them pay the money! Good question re employment - you can go for attachment of earnings. You can't send to the high court for that value (pity, that would have sent the not very nice debt collectors round)
                Is that 'not very nice' guy still around?
                I thought that Bob Marley had shot the sheriff?

                Ok, ok
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Bank once advised me Never to lend money no matter what, well I did, he found the pin numbers to my C/C another £1-500. I can go on but family it's difficult to refuse.

                  Comment


                  • #10
                    Originally posted by DE DOGS View Post
                    Bank once advised me Never to lend money no matter what, well I did, he found the pin numbers to my C/C another £1-500. I can go on but family it's difficult to refuse.
                    I can attest to the fact that they (banks) do indeed follow their own advice.
                    They refuse to lend me anything!
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Originally posted by charitynjw View Post

                      I can attest to the fact that they (banks) do indeed follow their own advice.
                      They refuse to lend me anything!
                      You really must submit a letter to the Lodge Sect.

                      Comment


                      • #12
                        Originally posted by Daza View Post
                        1st time poster, so sorry for any mistakes or lack of knowledge

                        Story so far

                        A so called "friend" borrowed some money before Christmas and promised to pay it back the following week (had proof by text messages) ..... many weeks went by and they had still not repaid
                        Friendship broke down, I asked them to make payment - they ignored all my messages then blocked me
                        Sent an LBA on 24th February which went ignored
                        Started MCOL on 13th March which again went ignored (apart from receiving a nasty text saying they will not give me my money back)
                        Judgement was issued by default on 5th April ... you guessed it, as of 19th May - also ignored


                        What is the next option?
                        The total amount owed was only £100 + £35 MCOL fee .... So I presume a Warrant of Control is out of the question as it is under the £600 threshold
                        I know it is not a great amount, but in this current climate - every bit of money counts

                        Thanks in advance



                        The limit for a Warrant of Control is not £600, that is the minimum to escalate a judgement for enforcement by High Court Writ, a High Court Enforcement Officer cannot try to pursue a judgement of less than £600.

                        A Warrant of Control doesn't have a lower limit, it's upper limit is on judgements up to £5,000.

                        You should apply for a Warrant of Control to enforce the debt via form N323 and the Issue Fee to be added to the debt at 4.B is £83. You must pay the fee and the bailiff will recover that in addition to the judgement assuming they are able to get the debtor to pay.

                        The question becomes whether you want to pay a further £83 to chase this. You need to weigh up the likelihood of the bailiff actually getting you the money.
                        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


                        • #13
                          As previously said they will have an unsatisfied CCJ against them, which will hinder their ability to transact. do not chase the money it will cost you dearly.
                          note: on the bottom of the judgement is will say "even though you have the judgement it does not guarantee you will get your money" I got a judgement for £3000, I paid for court bailiff's, charging orders etc I never got the money and it cost me another grand on top. One thing to remember is that after 6 years the CCJ will be wiped, so make a note somewhere after 5yrs to write to your friend asking him for the money and to the court. that way the CCJ will stand

                          Comment


                          • #14
                            No comment

                            Comment


                            • #15
                              If this person works then attachment of earnings is the way to go (providing you can do that for a small amount) - fill in the form and write to them saying you are going to contact their employer to recover the debt - in my experience people pay up so their employer doesn't find out....

                              Comment

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