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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Last year I issued a ccj against my daughters ex partner for

Resolved Question:

Last year I issued a ccj against my daughters ex partner for money owed. He agreed in writing to pay £100 per month. This included money he owed my daughter as well; once he paid that he was to continue with the payment until my debt was cleared in line with the ccj. The money owed to my daughter is £400 my amount is approx 1400inc costs.
Last month my daughter received a call from the mother of her ex asking her to wait for any more monies as her son has been in hospital with pneumonia and may not be back in work for some time. My concern is that he does not manage his financial affairs well; he earns £21000 as a supermarket section manager and will have paid sick leave for about nine weeks [I used to work for the same company] What would be the position with the ccj now? Could I take up my daughters debt, pay her the £400 and apply for attachment of earnings? He has a property [this was jointly with him and his mother but it may be in his name] should I put a charge on this
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today.

So the judgment is for a total £1,800 or so? How much is still owing? Who is named as the claimant?
Customer: replied 2 years ago.

I am the claimant-my daughter did not want to take the money owing to her through court at the time as she was having to go through some other matters to do with the break up of the relationship.the judgement is £1400 approx . It stems from 2 different matters- he owed my daughter for paying off some debt he accrued during there time together and I was chasing the remainder of the deposit I helped him with after a legal wrangle from when he told my daughter to leave the property. I decided to issue a ccj for my monies as he was difficult with me at the time


Expert:  Alice H replied 2 years ago.
No worries.

It's really down to you how much time and money you want to spend pursuing this - remember the judgment is "live" for 6-years so you can enforce now or later.

I suggest you consider dealing with the matter using the following steps:

1. Apply for the debtor to be questioned about his finances and present situation. You have to make an application to the court and he has to attend to be questioned by the Judge;

2. Using the information you glean from the questioning you can then decide the best way to enforce the judgment.

3. A charging order is a good enforcement tool. You can put a charge on his property and then you will be able to collect when he sells - there is no expiry of the charging order - the 6-year limit does not apply.

4. In the meantime you can wait or apply for an attachment of earnings order - but if he's on sick pay you wont get much because the court will not collect if he's going to be left with little or nothing. But when he goes back to work you will start being paid.

5. On other option is a third party debt order. If the questioning reveals he has money in the bank or other savings you can apply for that money to be paid to you in settlement of your judgment.

6. Finanlly, one further consideration is to make him bankrupt - by serving a statutory demand. If he doesn't pay following service of the Stat Demand then bankruptcy proceedings can be initiated.

It is irrelevant who is owed what. If you have a judgment for £1,800 then that's what he must pay and you can decide how to divide that up with your daughter.

Hope this assists.


Customer: replied 2 years ago.

Thanks for this Alex-a lot of options! Wont I have to wait and see if he pays the portion he owes to my daughter first; that wasn't covered by the judgement and I did agree that in the intial communication with him. Also would a charge on the property accrue any interest? If I went for bankruptcy, would I get anything back

Expert:  Alice H replied 2 years ago.
If you claimed statutory interest as part of your original claim then you can continue to charge interest until the debt is paid.

If you have agreed that he should discharge the £400 first then I think you should wait and give him a chance to pay. But if that's not going to happen soon then you should go ahead and enforce your judgment. Your daughter may have to make a claim for her portion.

Bankruptcy should be your last option. You might not get anything back if he has other priority or secured creditors.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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