Stalling ?

[mickeyboy]

Re: Stalling ?

What is A Q ?

That refers to the "claim form", which he received as he lodged a defence.

He missed the court hearing, and is claiming the reason is that he had not received the AQ.
He has to convince the judge that he is telling the truth, and that he has a chance of winning the case if it is reheard.
When you write to the court do so in the form of a witness statement, and enclose your evidence opposing his application.
You may need to show the original judgement was sound ie your claim was good
You dealt with the individual and did not contract with a (now dissolved) company
That the reason for he application is unsound i.e. although the defendant may not have received documentation directly from the court, he had received from you (your WS etc) and a prudent person would have followed this up with an enquiry to the court

[des8]

Re: Stalling ?

Allocation questionnaire.
After the AQ is sent back the court is allocated etc etc.
Perhaps he got the AQ but not the next set of directions

[mickeyboy]

Re: Stalling ?

Hi guy's ,Just won my court case again following the defendants application to have the order set aside ,He said it was not a good enough excuse to say he failed to get the letter containing the court date ,and if he did overturn it ,he would still not have won on the evidence he was going to supply ,He said he is now going to seek proper legal advice ,more fool him ,Am i right now in saying i can send in the HCEO ,,,,Thanks again for all the advice you all gave me ....

[des8]

Re: Stalling ?

Well done!

His "proper legal advice" should have been sought at the beginning, and should imo now tell him to pay up before the HCEOs visit.
I would now release the dogs (oops HCEOs) to recoup your dues.

[mickeyboy]

Re: Stalling ?

Thank will do ,i just have to wait for the updated letter from the court as they awarded me extra for petrol and parking ,he wasn't happy i tell you ,lol.

[des8]

Re: Stalling ?

PMSL , thanks!

[mickeyboy]

Re: Stalling ?

And so it goes on ,Just had the updated Judgement of order along with an Application to vary an order ,In other words the defendant has accepted he owe's me the money but only want's to pay me back at the rate of £10 pw ,Because he cannot afford more ,which will take over 6 year's to pay me ,I have 16 days to reply, As he took full payment for the bike should i just tell the court i want full payment ? ,I am open to advice again from you guy's ,As this all started in Year 2014 it will not be resolved until Year 2022 ,I am so stressed out by this person ,I just want to send in the HCEO,and have done with it .

[nemesis45]

Re: Stalling ?

And so it goes on ,Just had the updated Judgement of order along with an Application to vary an order ,In other words the defendant has accepted he owe's me the money but only want's to pay me back at the rate of £10 pw ,Because he cannot afford more ,which will take over 6 year's to pay me ,I have 16 days to reply, As he took full payment for the bike should i just tell the court i want full payment ? ,I am open to advice again from you guy's ,As this all started in Year 2014 it will not be resolved until Year 2022 ,I am so stressed out by this person ,I just want to send in the HCEO,and have done with it .

Is the defendant employed?
Have you seen his Income & Expenditure statement?

If employed an attachment of order (AEO) could be served so the employer deducts payments.

What knowledge of his circumstances/ assets do you have?

There is a system for checking on finances, An Order to Attend for Questioning where debtor is ordered to appear before an officer of the court and most show all financial details under oath.

If the debtor does not attend a warrant for arrest for contempt can be issued.

nem

[mickeyboy]

Re: Stalling ?

Thanks for the reply nem ,I do know he has an house worth around £300,000, he has 3 vehicles on the drive to the double garage ,he ran 3 businesses ,and still runs an online ebay shop , he has admitted he works as an electricians mate as a labourer ,the guy is a total Liar ,he paid another £155 to try and have the original order overturned ,and now he says his wife has paid the £50 to have this order varied ,His Lies know no bounds believe me ,i have known him for around 17 years ,, i just want paying and put an end to this nightmare .And i have seen his expenditure statement ,£200pm for gas £160 pm for electric ,and 4 credit cards ,,

Is the defendant employed?
Have you seen his Income & Expenditure statement?

If employed an attachment of order (AEO) could be served so the employer deducts payments.

What knowledge of his circumstances/ assets do you have?

There is a system for checking on finances, An Order to Attend for Questioning where debtor is ordered to appear before an officer of the court and most show all financial details under oath.

If the debtor does not attend a warrant for arrest for contempt can be issued.

nem

[nemesis45]

Re: Stalling ?

Thanks for the reply nem ,I do know he has an house worth around £300,000, he has 3 vehicles on the drive to the double garage ,he ran 3 businesses ,and still runs an online ebay shop , he has admitted he works as an electricians mate as a labourer ,the guy is a total Liar ,he paid another £155 to try and have the original order overturned ,and now he says his wife has paid the £50 to have this order varied ,His Lies know no bounds believe me ,i have known him for around 17 years ,, i just want paying and put an end to this nightmare .And i have seen his expenditure statement ,£200pm for gas £160 pm for electric ,and 4 credit cards ,,

Hello Mickey ,
My feeling is t go for an order to attend for questioning to lie on this would be stupid.
If you don't like the idea of that go to the high court!

nem

[wales01man]

Re: Stalling ?

HCEO time this pee take from someone who by allmeans has the ability to pay should stop now

[mickeyboy]

Re: Stalling ?

Just been speaking to the Hceo and they tell me to inform the court of what i will accept as payment ,be it money pm or the amount in full ,then another court date will be set for the judge to intervene and set the amount ,,,

Hello Mickey ,
My feeling is t go for an order to attend for questioning to lie on this would be stupid.
If you don't like the idea of that go to the high court!

nem

[des8]

Re: Stalling ?

The defendant appears to be completely amoral.
He knows how to work the system to his advantage, regardless of what he owes.
I suspect you will be going for payment in full, collection via HCEO if necessary

[mickeyboy]

Re: Stalling ?

How can i go ahead if he has applied for a suspension of a warrant and/or variation of an order ? I have to reply to the court within 16 days ,i would like this to be over asap , i would love to send them in today ..

The defendant appears to be completely amoral.
He knows how to work the system to his advantage, regardless of what he owes.
I suspect you will be going for payment in full, collection via HCEO if necessary

[des8]

Re: Stalling ?

Has he mentioned his eBay shop on his application form.
I wonder how well that is going.
You can get an idea of turn over from his received feedback.
Have you checked to see if he is telling the truth about being an electricians mate?
In his defence he claimed to be working for another business.... I'm not sure that is how I would describe his currently claimed business.
Might be worth a nose around social media and linkedin etc

Try and throw a question mark over his veracity.