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Orders to obtain information again builder (Judgment debtor)

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Hi all,

 

We have a joint judgement against a builder and his ltd company (company A). He took the money, disappeared, due his commitment with the Army as he claimed and never got back.

 

He did not defend the claim, and has since tried to enter into IVA, as he acquired a large amount of debt in the course of last year. It seems he hasn't been paying any of the suppliers or providers of services. He says in his IVA proposal that he is planning to close his ltd company and now working a a sole trader.

 

We know that he has since registered another company (company B) on his father's name and we believe that he bought expensive machinery (i.e. digger and dumper).

 

We rejected his IVA proposal, as the information provided was incorrect and it did not seem to guarantee any future payments.

 

We would like to get a court order for questioning, but think that he will just come up with his current bank statements showing 0 balances. He doesn't have anything registered on his name either.

 

Can we ask the court to demand historic statements from his accounts to see where the money that we paid disappeared, so we can possibly connect it to the newly established company?

 

Can we ask to see registration details of the other vehicles in the household and see what name they are registered in? And also ask for prove of purchase by other family members?

 

Also, if he claimed to be away with the Army, can we ask for proof of termination of employment?

 

What we would like to see really, is not so much his current state of affairs, but what was going on for the last year when he acquired these large debts, i.e. we particularly wanted to see how he spent the money that we paid him and also try establish if there are any newly acquired assets in his father or other family member and how they paid for it.

 

I have prepared a list of questions. Would it be OK to post them here for advice?

 

Also, I have come across a thread on some forum, where they say that the debtor still showed up in court without any documents and the court has accepted his words. Is this really possible?

 

Can the court refuse you to attend the questioning if you ask for it?

 

Can I record the questioning session? We have reported this for fraud investigation, but it is taking ages and nobody seems to be doing anything with it.

 

Many thanks for your help

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Hi and Welcome to CAG

 

How much is your judgment for ?

 

 

 

Andy

 

Thread moved to General Legal Issues forum.

 

Thread title amended


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Hi Andy,

 

The judgement is for nearly £9000.

Also, if we request to question the debtor personally before a judge, can the court reject our request?

Do we need to provide the list of questions beforehand?

Many thanks.

 

P.s. apologies if posted the reply twice. I am still trying to figure out how this forum works

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The court officer will ask a standard series of questions, as set out in the forms in Appendixes A and B to this practice direction.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71#IDACKC2

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688119/ex141-eng.pdf

 

Andy


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What about any extra questions that we want to ask? Can they reject our request to attend the questioning?

Why did you ask about the judgement amount? Are these decisions value related?

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You can put any specific questions you want to ask, along for requests for specific documents, in the application form.

 

If the debtor fails to attend the hearing after being properly served with notice etc then the could may (but unlikely) issue a committal order. It's more likely they'll just re-list the hearing for another date.

 

And no, you cannot record audio/video of the Court hearing yourself.

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What about any extra questions that we want to ask? Can they reject our request to attend the questioning?

Why did you ask about the judgement amount? Are these decisions value related?

 

Just ascertaining if the judgment could be moved up to High Court Enforcement (HCEO)...send in the Bailiffs instead.?

 

May get you a quicker result


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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I doubt bailiffs would be able to seize anything.

We've had his income and assets summary when he applied for IVA.

 

He claims that he has no assets and moved in with his parents.

So our only chance is to trace where the money that we paid has gone.

 

He has been working on various projects, I know for a fact.

 

if he hasn't been paying any bills or suppliers, the money must have been used on something else.

And we suspect, that he was buying assets and registering them in his parents name.

That's why we need to see historic statements.

 

Would the court allow to request backdated statements?

Would we be given a copy of all the documents submitted?

Edited by dx100uk
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