Enforcing a CCJ through a third-party debt order

[Mackers12]

Hey everyone,

Hoping I might be able to get some advice!

A very short summary of my situation:

• Entered into a contract with a Personal Trainer late last year, for a 6 week training programme that was to include 6 PT sessions, a fitness plan, and a nutritional plan. I paid in advance by bank transfer. I have evidence that these were the agreed terms.
• Three sessions went ahead but were extremely poor quality. I didn't receive any training plan or nutrition plan, sessions were shorter than agreed ,and he was just sitting on his phone half the time.
• At week 4 he cancelled a scheduled session complaining of a 'bad back'. He then missed a session the following week, and admitted he was in a dispute with the gym.
• After complaining to the gym - I found out at week 4 he'd been sacked with immediate effect, and that multiple complaints had been made against him about payment issues / not delivering what he agreed / quality of sessions. He had also breached his contract with the gym by sneaking in non-members, and HR / head office were investigating. Have an email form the gym confirming this.
• Having only had 3 sessions (and considering he got sacked and couldn't proceed) I asked for a refund for the outstanding sessions. He apparently 'doesn't do refunds'. Considerable back and forth ensued but he wouldn't budge. Eventually he stopped responding.
• Followed the usual pre-action protocols, suggested mediation (he rejected), sent the LBA (which he responded to only to say he had 'no questions'.)
• Put in a claim using MCOL for the value of the three sessions that didn't go ahead, plus 50% of the value of the three sessions that did go ahead, considering he didn't provide key elements of our contract (training plan / nutritional plan).
• He ignored the claim, so I now have a judgement by default. After the judgement was issued - I sent him an email demanding payment. Also ignored.

As the claim value is below the HCEO threshold - I'm now thinking about going down the third party debt order for enforcing as I have his bank details. I'd love to hear from anyone who has experience of going down this route.

In particular -

• As my judgement was a default, I'm wondering to what extent the hearing is likely to be a discussion about whether the debt is owed... ie could it replicate what a claim hearing would have been.. where eg I need to argue and provide evidence the debt is owed.. he (may) argue it's not etc or has that ship now sailed and it's purely (or primarily) just taken as a given that the CCJ is in place, so there's an obligation on the debtor to pay - and discussion at the hearing is more around the things listed in form EX325 around whether the account in only his name, whether there's enough credit at the time. and whether there are hardship considerations etc?
• What happens if he doesn't show up to the hearing - is the court likely to issue the final order?
• Following the judgement - I have emailed him demanding payment. Do I need to actually write to him and send via post demanding payment before pursuing enforcement by TPDO (couldn't really find clarity from the guidance)? Or is an email sufficient?
• I know he is now at a new address than when the claim was issued. I've confirmed this by a land registry check (flat is completely in his name - so a charging order is Plan B is the TPDO doesn't work). If I pursue enforcement against him at this address - will that impact his credit rating (even if the CCJ was an older address?)

Thanks in advance - really any help you can offer would be massively appreciated!