Claim won - defendant not at address - what next?

[KJD]

I've been helping a friend with a CCJ against them, but now would appreciate any advice with a CCJ against a customer.

 

Briefly, customer's cheque bounced. Eventually took them to small claims court and after they moved it to a court over 200 hundred miles away, them failing to 'attend' a mediation appointment and us having to travel the said 200 miles to court, they failed to turn up. Judge said we would have won anyway cos of bounced cheque. So judgement ruled in our favour.

 

No response, so instructed bailiffs. Came back that the defendant had given a family member's address so we re-issued warrant to original address. This has now been returned as whoever is there now says the defendant has moved out and they don't know where he is. I suspect it's his wife and they have split up (or so she says).

 

So what can we do next?

 

The electoral shows him as still being there, but the bailiffs have said they can take no further action unless we can provide a new address.

 

If I check with Land registry and his name is still showing on the property, can I start a charging order, even if am told he's not living there any more? I know it will be a long time before we get our money this way, but we're running out of ideas...

[flyingdoc]

If he still has a financial interest in the property then i see no reason why you shouldnt get a charging order on the house, have you tried services like 192.com to find him?

[KJD]

have you tried services like 192.com to find him?

 

Just checked again - him and his wife still showing as living there. The family member to whose address he had changed the court papers to actually called me before the case (when they received the papers from us showing what evidence we were using). He was horrified understandably. But he confirmed that the defendant was still living at the original address. That was in August last year. He also stated that the defendant travelled all over the country with his job, so if the bailiff had turned up when he wasn't in, the wife could quite easily say he wasn't living there any more.

 

It's not a great deal of money, but we are only a small business and in this climate the money would come in handy. I'm loathe to go down the charging order route as it makes us as bad as the banks etc, but it's the principle (oh all right, and the money!). This customer really took advantage of us (my boss doesn't put it quite so politely!) and we don't want him to get away with it. That's why, even if it means sitting tight for a few years, we can't let it go.

[KJD]

Just checked again - him and his wife still showing as living there

 

And that's the 2008-09 roll according to 192.com

[KJD]

And have now checked with the Land Registry and he is showing on the titles, with (if I am reading it correctly) just the mortgage company as having a charge.

 

If there are no other ways of finding him, or of proving that he still lives there, we'll seriously consider the charging order process. Are we able to write to the address and 'warn' them we are considering this action? It might scare them in to facing up to this debt. But then again it might make them change the title, but I'm guessing this wouldn't be a quick and easy thing to do?

[flyingdoc]

personally I would just go for the charging order.

 

The court will serve the papers which should be all the warning he needs - he may pay up to avoid the charging order (you will also get the extra costs of applying for the order)

[KJD]

I think you're right.

 

Thanks for the advice - will keep you informed.

 

Oh, and have a tickle on me

[KJD]

Quick question if I may..

 

Looking on HMCS site re charging orders and we would have to attend court to get this done. Would we have to traipse all the way up country again to the original court or could we, as the claimants, request it be heard nearer to home?

 

As mentioned before the defendant tried to pull a swifty by getting the case moved to the north of england (we are in the south, he is in the east). The judge did say at the time that it was ridiculous and when I asked if the defendant tried to have the judgement set aside would we have to come back to him, he said we had good grounds to have it relocated.

[flyingdoc]

Unfortunately my understanding is that the DEFENDANT has the right to have the case moved to a local court, however you can oppose the application on the grounds that this is purely being done to inconvenience you and not that the defendant has any intention of attending to defend. His track record of getting the case relocated and still failing to attend the original hearing should add weight to your argument.

[KJD]

I thought as much.

 

But... have had another thought (sorry, you're going to regret posting on this thread!)

 

What about a Third Party Debt Order? The whole claim started with a bounced cheque, which I have got on file. What about using those account details? From what I gather, timing is essential, re when the money might be in the account. Do you think it's worth a try before the charging order? Might get us the money quicker.

 

Just a thought. Off to keep googling!

[flyingdoc]

great idea - look here

Third Party Debt Order

 

for full information

[Deeply Concerned]

How much is the debt for? I ask, as a Charging Order might not be the best option financially for you. If you do take that option, the guy who owes you could use a number of tactics to prevent it happening. He could use The Trusts of Land & Appointment of Trustees Act 1996

 

to show that his familiy's interests outweigh yours. On top of that, he could cite Article 8 of the Human Rights Act or Article 6 if he feels he hasn't had a fair shake of the dice in Court.

 

He could also argue that the sum involved is disproportionate to the value of the property. And that you're using a hammer to crack a nut.

 

As he's working, why not get in touch with his employers and try for an Attachment of Earnings order? That way, you get the dosh straight from his bosses.

 

That way, you're not kept waiting for your cash while he finds a buyer for his place.

[KJD]

How much is the debt for?

 

Just under £2k including costs & interest awarded by the judge.

 

On top of that, he could cite Article 8 of the Human Rights Act or Article 6 if he feels he hasn't had a fair shake of the dice in Court

 

He replied late to the original claim, set up a mediation appointment and then didn't answer his phone or call back when the mediators tried to contact him, moved the court from S England to way 'oop North', using his dad's address (same name) and has not responded to anything sent by us or the courts.

 

He could also argue that the sum involved is disproportionate to the value of the property. And that you're using a hammer to crack a nut

 

Mmm yes. The house was purchased for around £250k in 2006

 

As he's working, why not get in touch with his employers and try for an Attachment of Earnings order? That way, you get the dosh straight from his bosses

 

That's a problem. We don't know his employer's details. When we carried out the work for him, he was being relocated due to a new job and his reason for the cheque bouncing was because of not being paid properly.

 

Another option is to ask the Court to make him tell us, but of course, if they / the bailiff have been told he's no longer at that address, how can we contact him?

 

'Tis a quandry..

[davethorp]

Only thing I would add is that the debt order may fail if they are no longer using the account.

 

I'd either go for the charging order, or given the sum involved I believe you could serve a statutory demand and then file for bankruptcy. As they have property this is likely something they will want to avoid