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CCJ - Have AEO, but still cant get paid - what to do next


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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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You could instruct HCEO but if he lives with his partner and has no assets or car, tv etc of his own then it will be a waste of money.

 

There's not much else you can do except wait for him to get a new job.

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