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mattdoombar

MCOL against 2 private individuals, action after judgement advice

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Hi Guys,

 

First post.

 

I was silly enough to help so called "friends" out last year and found myself being owed a good sum of money.

 

It was £1200 in total.

 

They, or rather, she, the wife, did make two payments of £50 into my bank account but thats all I have ever received.

 

I have a print out of a Facebook conversation where she agrees to the 'loan' and its amount and states how and when she would pay me back. I also have a text message string confirming all the details and copies of bank statements showing transfers from my account to theirs.

 

I have never phoned them and always gone for a written form of communication to ensure I have a record.

 

Just before christmas I sent a letter, recorded delivery, to their home detailing all the fact with dates and amounts and stated if they failed to resume payment or make payment in full I would take the matter further.

 

She only text to say she would pay me and she would ignore any letter from the courts. I received no payment.

 

I filed the MCOL and judgement has been passed in my favour by default as neither of them responded to me or the court. I have progressed it online to ask for payment in full by the end of Feb 2016 though I doubt I will get a penny.

 

My question is what would be my best course of action once this deadline passes?

 

I see on the MCOL website I have several options, all of which involve a fee which I am happy to pay if it gives me a reasonable chance of getting some if not all of my money back.

 

She works, part time I believe, and I know where and who for, he works for Royal mail full time as a post man so an attachment of earnings may work. They I am sceptical as I bet they come up with some rubbish showing they have no surplus after bills, which is total rubbish as they are out all the time drinking!

 

I had thought about bailiffs but wondered how effective they are, apart from what you see on TV.

 

Any advice or stories from people who have been through the same would be gratefully received.

 

Thanks

 

Matt

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She only text to say she would pay me and she would ignore any letter from the courts. I received no payment.

 

Is that line correct Matt, should it say 'wouldn't' ?

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Do they own their own home?

 

If so, then there is an asset that you can take a charge on

 

However, you might want to start off by getting the claim transferred up to the High Court and having it enforced by HCEO.

 

Have a look for HCEO on the Internet. Find a company which will simply charge you the basic transfer up fee which I think is about £60 and then undertake to charge a fee from the judgement debtor if they succeed in recovering the money. You must make sure that is what happens and that you are not saddled with the fee if they fail. If that happens, then you could be liable for anything up to £2000 wasted fees.

 

If you simply instruct bailiffs using a warrant of execution, they are likely to get nowhere if there is any particular difficulty.

 

Transfer up to the HCEO is the way to go

 

http://thesheriffsoffice.com/high-court-enforcement/further-information/enforcement-fees-and-stages


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No its correct, she said she WOULD ignore anything from the court! Her words!

Makes me wonder if these people have any types of morales!

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Is the high court transfer done through the MCOL system? I really am not versed in all this

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I think the couple have split up, although they are still legally married. The wife lives at the old address, which I think is either council or privately rented. While the husband is renting elsewhere, but I dont know that address.

They dont own a house between them, though they certainly have one car, he may have bought one too since the split.

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Thread moved to the appropriate forum.

 

Matt...if you could give a little more to the background of this loan...Im a little confused as to why it was all done a Social Media Forum?

 

Regards

 

Andy

 

PS Welcome to CAG


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Sorry didn't know which forum was correct.

It wasn't just one loan.

I lent them cash a couple times, then helped out with the purchase of a washing machines and then the largest amount was done via bank transfer but it was all discussed on Facebook, such is the world these days.

I'm sure i am not the only person who has done this.

anyway, the totals comes to the £1200 previously mentioned.

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I accept that, the point I was making that you are/ was friends...irrespective of Facebook.

 

So you raised 2 claims or a joint claim ?


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Were being the word here, that ceased when payments stopped! obviously

A joint claim

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So charging orders are out of the equation...possibly attachment of earning through the Mrs or even the Mr if you can get the details of his employment.

 

You could try HCEO but reading between the lines looks like possessions are minimal and payment will not be forth coming.

 

The other option is a Third Party Debt Order...were you freeze an account and take payment ?


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I know where they both work and for who. He is postman for royal mail and she cleans for a property management company.

What if they have multiple bank accounts, does that affect the third party debt order?

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Does not sound likely from what you have told us so far....but you can only make an order for one account per Court Order


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So, I'm thinking that an attachment of earning of the HCEO are the best options should it come to it.

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AoE is nothing to to do with HCEO...but yes I would agree...I cant see you recouping this in one swoop.


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I am aware that the two are not connected, I was just stating a fact/asking a question .

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They do have a 57 plate vauxhall astra as well as several tv's, a dvd player and a washing machine which I paid for? Would the courts be able to seize the times for sale?

I dont know the husband new address, should I make an effort to find out or is it not important at this stage?

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Depends on which you decide to go after .. I thought you was going down the AoE route so personal Items have nothing to do with enforcement?


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I just think that the AOE might take a long time and also think they will find a way out of it, pleading poverty or something.

I know they own a car, sofas, dvd players, tv's and an xbox one. Can the bailiffs seize all these?

If so, which is more effective the crown court or the high court bailiffs?

Ideally Id like my payment in full in one go so they can't get out of it

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sofas, dvd players, tv's and an xbox one

 

They prob wont even fetch a tenth of what they owe you when theyre auctioned. Car MIGHT, but you have to factor in all fee's etc as well


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I really cant advise the best option...as only you know them and their circumstances....if you think a Bailiff will be effective in threatening to seize goods to get full payment...go for it.

If you are prepared to wait for it say over 5 payments..that would be a more assured arrangement.

 

I really cant advise.


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/I just want to give myself the best chance of getting some money back!

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They have two children and whilst they were at the time my friends I know they are crafty.

I can see then making a statement of means showing zero excess money, even though they get plenty in benefits and are out every night of the week between them. And can afford to go buttons for the darts weekends twice a year which is not cheap!

I just dont want them slipping through any loophole.

Sounds cruel but Ideally I want a sheriff to go there and put the fear of god into them but I just dont think they care or have any sort of conscious.

Sad really!

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If I apply for attachment of earning and they fabricate some unbelievable statement of means can I challenge it?

Or if it turns out they can't afford anything that way can I then direct the HCEO?

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Yes you can abandon the AoE and lose your fee....but dont forget when they complete the N56 it will be verified and considered by the court.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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