Hello, I am LawDenning and I am a practising solicitor in a High Street practice. I have beenan expert on this website in UK law since 2008. During that time, as youappreciate, I have answered thousands of questions from satisfied users on avariety of subjects.
Becausewe are all in practice with clients and court and other users, I might not always respond in minutes,particularly evenings and weekends. Please bear with me in that caseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Thankyou. How much does he owe?
In myexperience, don't waste money on the FSB because my clients tried to get advicefrom them, for some strange reason, they could give it. He cancelled hismembership and did not re-new.
I amconfused because you say you apply to court for a warrant and judgement and thejudgement was enforced. But later on you said that you try to take the clientthrough moneyclaim.
So didyou take them through money claim and succeed and get a judgement?
Whatenforcement have you applied for already?
Doeshe have the money to pay you in his bank account?
Does hehave any assets?
Doeshe have a house?
Hi Law Denning
Thank you for responding to my request.
I went through Money Claim on-line to issue my Warrant and Judgement. The Judgement was enforced.
The client owes £4,053.75, including VAT, and with additional interest accruing at 8% pa. To date he has paid £200.00 into our account directly whilst he was setting up a Standing Order for £100.00 inclusive per month.
He is working and that is why I am thinking of applying for an attachment to earnings. As far as having assets or owing a house, I am not certain.
When the Warrant was issued, the Bailiffs were sent to his address in Esher. It transpired that he no longer lived there, so whether he has any interest in the property or was just residing there, I don't know.
I have kept emails from the client where he has agreed to pay the amount owing and to setting up a standing order for regular payments. As these have not materialised, I have tried to call his office and mobile number and have emailed 'without prejudice' and marked as private; so as not to compromise my position.
I am not familiar with the process of applying for an attachment to earnings and wonder whether you could advise me of the best method and what pitfalls I should be aware of.
Do you know who isemployer is?
Have you written tothe debtor and told him that you intend to get an attachment of earnings orderto get his employer to pay you directly?
Did you send it inan envelope with an ordinary stamp on with the type written address, notrecorded or special delivery so it looked just like any other piece of mail
You can get thedeeds to the house in Esher here for 3 pounds. https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
they will tell youwho owns it and if there is a mortgage or any other charges on it will not tellyou how much is owed or how much it is worth.
You have lots of options when it comes to enforcing the judgement and rather than regurgitate pages and pages I can do no better and make no excuse than to give you this link. http://www.compactlaw.co.uk/free-legal-information/small-claims-court/enforcement.html
Does that answer the question? Can I help further? Can I answer any specific points?
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