TaviaRS

Someone owes me some money from last November.

After 2 bounced cheques at the end of last year I took the guy to the small claims court and won. He had 28 days to pay. On the 30th day he 'phoned me for my bank details so he could transfer the money to my account.

Having waited another month, I decided to issue a Warrant of Execution and send the baliffs round. They went round on the 16th of August. He gave them a cheque for the full amount. Received a letter from the court yesterday saying that, surprisse, surprise, the cheque he'd written (payable to the court) had got slightly rubbery tendencies.

Question is: do I need to pursue this or will the court/baliffs go after him for it? I'm assuming that they will take rather a dim view of him bouncing a cheque on them.

Thanks.

Leslie

I imagine it is the Court's responsibility now, I hope they will sort it out for you.

Les

Scott W

I think the court deal with it, and IIRC the amount the debtor pays goes up each and every time the bailiffs visit as the bailiffs add on a fee for them coming back again to collect the money.

Butty

iTrader: (2)

What kind of baliffs accept a cheque - a bit amateurish?
They should be taking either goods or a credit card payment that's done on the spot.

OllyK

Really? Which baliffs do you work for then?

TaviaRS

I applied for a Warrant of Execution. When this is granted, the court appointed baliffs go round. I was a bit surprised that they had accepted a cheque from him myself, especially as he has a history of bouncing cheques in relation to this debt. I assume they won't be so stupid next time round.

CraigH

I issued one of these last year. Didn't hear anything back, so chased the courts. The bailiffs had given up because the person that owed me money said he'd paid. So they thought "that's all right then"

Useless, waste of time.

Brendan Hughes

Sounds drastic!

CustomScoobyIOM

Is this a certain person I know too?

TaviaRS

Nope, he has enough to be getting on with, so I hear.

GaryK

No don't rely on the bailiffs, I went through a similar thing, took 2 years but I got the money. The bailiff option is useless if you ask me, when they turned up the guy just said he lived with his parents and had no possessions, that was that!

What you can apply for is an oral examination (oo er) which means the guy *has* to attend a hearing where he gets a grilling regarding details of all income and this is detailed and apparently not very nice and a payment plan is drawn up. I was lucky because the guy didnt want to attend and paid up!


good luck

Gary

CustomScoobyIOM

Yes I was going to say.

Hope you sort it mate.

TaviaRS

Well, I've spoken to the bailiffs this morning.

Turns out that the address he'd given the court and me is his mum and dad's house so they can't enter. Dad then said he doesn't know where his son lives but he pops in from time to time.

The bailiffs are now closing the case as they can't get anywhere

Right, I suppose an oral exam is the only way forward now, but IIRC that has to be served physically on him.

So, how do I trace him?

Can I sell my debt on to someone else so it is their problem not mine? Anyone know any loan sharks in the Ilford area who want some trade?

fast bloke

and oral exam - you going to get the mafia to pull all his teeth until he pays?

If you know where his parents live you could hire an investigator to hang around and follow him when he shows up. Depends how much the debt is for.
You could hang around and follow him yourself.
You could sell the debt to a collection agency - this is basically legal intimidation

At a push you can ask the judgements enforcements agency to request the money from his employer (assuming he has a job) or from his benefits (if he hasn't) It is usually a load of grief to get them to do this, so again it depends how much he owes you.

Diablo

How much does he owe you?

DocJock

Most debt agencies won't take on a debt once you have a Judgement I am afraid.

It can be a total PITA, I know. I mean once the judgement is entered, surely they are in contempt of court if they don't cough up ? But no, you have to shell out even more cash in the (usually in vain) hope of getting what you are owed...

If you don't pay a parking ticket/speeding fine you are dragged back to court PDQ though.

Ubik

^^ That does work and can cause a major embarrassment to him. Used it in similar circumstances myself. The major benefit is that you get the money before he get his grubby little mits on it. Managed to get what was owed to me plus costs *


* Didn't stop me from beating the little sod up a year later.