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Help with Judgement Enforcement

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Hi, I hoping that someone can provide me with some information on how best to enforce a Judgement? I'm going to try and keep this as brief as possible. I stupidly allowed a "friend" use of my credit card, whilst they were going through a tough separation the intial agreement of the loan of my card was to allow her to purchase essential items to support her two young boys which she was struggling to support at the time. However from reviewing my credit card statements I found that she went on a spending spree, spending approx £5000 in less than 2 months. Once I discovered this I took my credit card back and was promised that the money would be paid back in full. Over 2 years later and despite many promises and assurances that money would be deposited into my account, I've not received a penny. Instead I was fed a series of lies about how there were complications with payment and authorisation from her parents being required before she could transfer money from her savings account etc. After getting sick of the excuses I sent a letter of demand along with Credit Card statements, copies of emails and text messages in relation to this matter, advising that unless the debt was either paid in full or a payment schedule agreement was put into place I would be left with no option to take the matter to a small claims court. After 14 days with no response, I filed a claim with the small claims court, to which she never responded to either. As a result I have now have an issued judgement by default for £7500 which includes all interest and costs incurred. My question is what is the best way to proceed to enforce this judgement, I have done some research myself and have narrowed it down to 2 options:

 

- N337 Attachment of Earnings Order - As I know her current place of employment, the date she gets paid and approximately how much her annual salary is, this is a potential option, however due to the total amount owed complete payment of the debt I imagine would span over quite a long period of time.

 

- N349 Third Party Debt Order - Although the least successfully of enforcement processes through the whole repayment saga, I have been led to believe that she does have the money to cover the debt, although the money is tied up in high interest savings accounts from which she requires authorisation from parents as guarantors before she can gain access to the money. (If this was the case though it seems odd that the debt has not yet been settled) She is also now back living with her husband who has a high paid job. However my understanding of this order is that only assets in accounts where she is named the sole owner off can be frozen. Also I'm not entirely sure which banks and building societys that she uses so I would have to file a N316 Obtain Information Order, to find out the true extend of what she actually has, this process requires her to attend court and provide details of her financials under oath, surely by filling for this request she could then expect the immiant Third Party Debt order to freeze any accounts in the aftermath and take approriate action to safe guard this money by transferring it into say a joint account?

 

I realise how neive and stupid it was to allow someone to borrow my card in the first place, despite doing so with the best intentions at heart, I just want this whole situation resolved, so any advice on how best to proceed from here would be greatly appreciated.

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For the sake of your friendship I would speak to your friend first and try to sort out the repayments.

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Ganymede makes a good point. If it's possible that your (ex-)friend has buried her head in the sand one last last attempt at arranging a mutually agreeable repayment schedule wouldn't hurt. But I digress...

 

Either option shows that you mean business, although given that you know the defendant's employment details an N337 might be more expedient. I take it that you have actually ruled other options available to you, such as applying for a warrant of execution?

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