Making a claim against an ex-friend on sum of unpaid 'loan' - ** WON **

[wrecked]

Hi Mike, Andy HB and everyone.

 

thanks to everyone at CAG - you guys are really fantastic. And yesterday when i came out of that miserable court room, the sun was ou, it wasn't cold and the world was lovely.

 

So the next thing is getting the money. !!

 

Again, we've been at the receiving end. We know he will now plead poverty and drag this on. whats the best, the most expedient and brutal (I mean that in the nicest possible way) way you know?

 

Also, can you advise. he did threaten to me that if i sent bailiffs around to his house, he would come round and kick my head in (I am sure he meant that in the nicest possible way also, and again, at CAG we can all understand this.) But I am not an institution trying to take advantage, I am just some bloke off the street whose struggling like everyone else.

 

look forward to your comments

thanks very much

Wrecked.

[AndyOrch]

Is he in employment Wrecked? Will it be a forthwith judgment?

[wrecked]

HI Andy

 

he's self employed but he's working so - yes he's in Employment.

Yes i guess it is a forthwith judgement - the Judge said he will put down 14 days for full settlement. The Defendant said he wont be able to pay that and the Judge said then he will have to make his own arrangements with the court.

 

Judgement was for Debt +interest + all costs

 

All the best/Wrecked.

[AndyOrch]

Oh well you cant use the AoE (Attachment of Earnings ) route then.

[wrecked]

Hi Andy

 

Thank you for your message, i guess its going to be tough now trying to collect the debt. I dont want to join the "dark side " against CAG and become one of the enemies!!!!

 

He is living at home with his mother and the house is in his mothers name. There is no mortgage on it. His mother is on a pension and he is working. He did tell me a while back when he was making out that he was earning over £ 150 a day and he has a job at weekends. So he can easily repay my loan - he had just chosen not to.

 

So I really will have to go through all my options because i dont think the guy has any intention of settling the debt - even with judgment.

 

All the best/Wrecked.

[AndyOrch]

Have to be the Bailiff route then Wrecked (backed up with a restraining order)

[Ganymede]

Your enforcement options are very limited.

 

1) Charging Order - Not an option as not a home owner.

 

2) Attachment of Earnings - Not an option as self employed.

 

3) Bailiffs - Lives with his mum so not likely to have many possessions.

 

3) Bankruptcy - Not an option.

 

4) Third Party Debt Order - You'll need to find out more information but unlikely to be fruitful.

[wrecked]

Hi Andy and Ganymede

Thanks for your suggestions. i hv been going thru the options and i realise its going to be tough.will keep you advised.

All the best/Wrecked

[wrecked]

Hi Everyone

 

Great news - received a cheque for full amount from the other side. So lets hope it clears this week!!!

Thanks every one for helping me out. I could not have done it without CAG and Andy and Mike - thats for sure.

 

i have a question - how do I stand if i wish to sue the same guy but for a different debt. I helped him out by paying some of his credit card bills.

There is no agreement regarding these but its clear i did pay them and i have all the records. i did not want to mix the two up.

 

 

all the best/Wrecked

[AndyOrch]

Glad to hear he settled Wrecked...saves further aggravation.

 

 

You can litigate as many times you wish against the same defendant...so long as its a different matter/debt.

 

Very pleased this has been resolved for you.

 

Regards

 

Andy

[Ganymede]

Hi Everyone

 

Great news - received a cheque for full amount from the other side. So lets hope it clears this week!!!

Thanks every one for helping me out. I could not have done it without CAG and Andy and Mike - thats for sure.

 

i have a question - how do I stand if i wish to sue the same guy but for a different debt. I helped him out by paying some of his credit card bills.

There is no agreement regarding these but its clear i did pay them and i have all the records. i did not want to mix the two up.

 

 

all the best/Wrecked

 

 

 

What was the arrange between the two of you regarding him paying you back or was there not one?

[wrecked]

Hi Andy

Many thanks for yr advice.

 

Hi Ganymede

The arrangement/verbal agreement at the time of the loan was that he would repay it after a couple of months in full.

The Judgement was that he was to repay in full on or before 04 March

 

His cheque has not cleared yet though - may be it will clear tomorrow.

I guess though, given the seriousness of the matter, it will clear.

 

thanks/All the best/Wrecked.

[wrecked]

Hi Everyone

i am really happy to confirm that the cheque was good and it was honoured and i got my money.

again - thank you everyone. There really were times when i really did not know what to do.

Thank you very much indeed.

All the best/Wrecked.

[wrecked]

Hi Everyone

 

i am just about to make a different claim to the same guy and wanted to be clear on a few things a i had being doing some research

 

1. if i submit a new claim would it be considered an abuse of process?

2. I do not think so as this is a different matter - hence i did not combine the two as i said earlier.

3. Having done a search on the guy and on finding that he does not really have assets to seizes should i win the case how do i stand about seeking him to furnish an indemnity against my costs.

4. can he put an application for me to put up an indemnity against his costs?

 

I will set up a different thread as soon as i start the new claim as i am sure i will need help and guidance.

 

many thanks

Wrecked.

[wrecked]

hi everyone

 

any comments to my last post plz

many thanks/Wrecked.

[wonkeydonkey]

If you are issuing a claim in the small claims track you need to state at the outset you will be seeking costs. If he defends the claim and wins he can only 'ask' for costs and they are only ever given at the courts discretion.

[steampowered]

If the second claim relates to the same set of circumstances as the first claim, then relitigating those circumstances is an abuse of process. If the second claim relates to a completely different set of circumstances and is not related to the first claim, then it should be fine. The deciding factor is what facts you need to prove to make your claim. Your first claim relied on an agreement to pay back the money and breach of that agreement - if you are relying on the same agreement it is an abuse of process, otherwise it should be fine.

 

You cannot force him to provide an indemnity for your costs. Security for costs orders are only available to Defendants. Claimants are expected to take Defendants as they find them. In any event, security for costs is not available in the small claims track. The small claims track limit is now 10k.

 

If you are claiming more than 10k, he can ask the court to order you to make a payment into court as security for his costs if he wins. Security for costs orders are not particularly common and can only be granted if restricted conditions are met, e.g. if he can prove that you are about to become bankrupt or are taking steps to hide your assets.

[wrecked]

Hi WonkeyDonkey and Steampowered, Thanks very much thats really helpful. I will proceed, create a new thread and keep all abreast. All the best/Wrecked.