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DEC_D

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  1. Hi I gained a CCJ on someone in June 2009. For 4700.00 for a cost order in my favour. I obtained a AEO, which has been deffered as long as payments of £50.00 PCM were made. In 2010 I got this increased to £100.00 PCM. Through a disputed residency order. I have been paid about £800.00 Last week the debtor requested to vary this order to £1.00 PCM - on the basis that circumstances have changed, which they have. A updated N245 shows the debtor still has HP & Credit card debts that far, far exceed the income. The debtor has fallen behind with payments - since making the applicaiton to vary the order has now stoppped paying. This person now lives with a new partner who is a very high earner, this person has now stopped working for..so rendering the AEO useless for a few years. Although this person is being financially supported to drive a 30K car (I have a copy of the agreement taken out days before the CCJ was lodged) and to support the stated level of credit card repayments and children. I have not accepted the debtors new offer, stating that the debtor is behind with payment and High Court enforment is under way. Although I have contacted a company about this Im not sure how this works - if at all. I belive the debtor has assests from the sales of a former house, but I cant prove this - during a 'Debtor attend court' this person simply denies any assests. And completes a N245 to suit the circumstances. What are my options ????? I have been looking at HIGH COURT ENFORCEMENT, as technically the debtor is behind in payments...but if the AEO is agreed (as on paper it the debtor is insolvent) then I could end up with more costs if I apply now - although if the costs are less than £500.00 it may be worth the risk. I dont think bankruptcy is a good idea as this may help them wipe off all the other debts? Any ideas??? thanks
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