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Over the last 4 months I have been a litigation in person against an ex girlfriend that owed me some money.
To cut a long story short, I lent her (the defendant) £5000 for the purchase of a new car, her plan was to pay me back the money monthly initially and then pay the remaining amount off with some inheritance she was getting from her family.
Unfortunately a few months later we broke up, but she still continued to make the payments up until about 12 months ago when she had some surgery. After this surgery the payments were rather irregular and despite her promising to make the missed payments, she failed to keep to her promise. She kept telling me that her wages were enough to cover the payments but just tried ignoring any correspondence I made with her.
In January I took her to court though the MCOL process and she ignored all correspondence from me and the courts. Now I know she lives at the correct address because I visited her house before I started the application for the MCOL process, as I wanted to give her the final opportunity to settle the outstanding money or setup an affordable payment plan. She told me should would pay the money back and gave me all the dates that the payments would be met, but she never made a single payment.
On the 18th of April the defendant will get a judgement entered in default, but I want some advice on my next steps. I want to maximise the impact and get the money back!
I was considering these options:
1) Originally I was going to obtain a warrant of execution, but there appears to be no value items in her household, except possibly from a 2 year old VW up that may or not be on finance. I thought this was probably the most aggressive route that may get the money back.
2) Attachment of earnings - not sure where she works, so I would have to request an order for information, but I am concerned that she will ignore any requests for this information and hence I won't get any money back.
3) Third party debt order to freeze the assets in her account, again not sure of any bank account details etc. Again, I have the same problem as above where I do not know her bank or employment details.
If I go for option 1) and goods in her house do not cover the value of the debt, can I then request an order for information that would allow me to apply for an attachment of earnings?
As you can imagine from my summary above, she is very vindictive and thinks she can get away with not paying off the debt.
I would appreciate an advise to my next steps please. By the way I have no legal experience so I am hoping everyone on this forum can help me.
Thanks,
James
To cut a long story short, I lent her (the defendant) £5000 for the purchase of a new car, her plan was to pay me back the money monthly initially and then pay the remaining amount off with some inheritance she was getting from her family.
Unfortunately a few months later we broke up, but she still continued to make the payments up until about 12 months ago when she had some surgery. After this surgery the payments were rather irregular and despite her promising to make the missed payments, she failed to keep to her promise. She kept telling me that her wages were enough to cover the payments but just tried ignoring any correspondence I made with her.
In January I took her to court though the MCOL process and she ignored all correspondence from me and the courts. Now I know she lives at the correct address because I visited her house before I started the application for the MCOL process, as I wanted to give her the final opportunity to settle the outstanding money or setup an affordable payment plan. She told me should would pay the money back and gave me all the dates that the payments would be met, but she never made a single payment.
On the 18th of April the defendant will get a judgement entered in default, but I want some advice on my next steps. I want to maximise the impact and get the money back!
I was considering these options:
1) Originally I was going to obtain a warrant of execution, but there appears to be no value items in her household, except possibly from a 2 year old VW up that may or not be on finance. I thought this was probably the most aggressive route that may get the money back.
2) Attachment of earnings - not sure where she works, so I would have to request an order for information, but I am concerned that she will ignore any requests for this information and hence I won't get any money back.
3) Third party debt order to freeze the assets in her account, again not sure of any bank account details etc. Again, I have the same problem as above where I do not know her bank or employment details.
If I go for option 1) and goods in her house do not cover the value of the debt, can I then request an order for information that would allow me to apply for an attachment of earnings?
As you can imagine from my summary above, she is very vindictive and thinks she can get away with not paying off the debt.
I would appreciate an advise to my next steps please. By the way I have no legal experience so I am hoping everyone on this forum can help me.
Thanks,
James
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