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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am owed £450 compensation from the defendant who stole my

Customer Question

I am owed £450 compensation from the defendant who stole my car back in 2010. A few payments were made totaling about £120 but stopped for two years. I received a random £5 earlier this year. Apparently he is in and out of work and believe all if not most of this money was taken straight out of his jsa allowance.
Is there anything I can do to get the remaining money? The court just keeps saying they will send bailiffs etc but nothing happens its a joke.
I was thinking taking him to small claims court, yet that prob wouldn't work either.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Generally speaking, the small claims court is much more effective. The criminal courts punish offenders rather than compensate losers. If compensation is sought then the better option is the civil courts.
Of course, if this is a person with no means of paying then he might not be worth suing.
The criminal courts will ultimately pick him up for non payment of fines but it does usually take many years and all that happens is that they get remitted to prison for non payment rather than forced to pay. In theory, compensation amounts cannot be offset in that way but we all know the reality.
In fairness, the Court can make an automatic deduction from benefits so I don't know why they haven't. Its not a lot but it is regular. The difficulty is that they won't reconsider this until he is arrested which is not going to be any time soon I'm afraid.
Im very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So can I apply through small claims court to recover the amount owed? Would I win?

Expert:  Jo C. replied 2 years ago.
No but you can sue for the amount of the loss you suffered and mention the fact that he was convicted of this offence before X court on Y date.
Customer: replied 2 years ago.

Sorry, I'm alittle confused. How do I sue?

Expert:  Jo C. replied 2 years ago.
You can issue here
www.moneyclaim.gov.uk
You will need his address. If you don't have it then the OIC may give it t you
Customer: replied 2 years ago.

Yes, thats what I meant by small claims court but you said 'no'?

So if I issue my claim threw this site will I win and get back the money owed? I assume I only do the remaining compensation.

Expert:  Jo C. replied 2 years ago.
No, I didn't.
You cannot go to the small claims court to enforce a compensation order of the criminal courts.
You can bring an entirely fresh civil claim at the small claims court.
You will win. Whether you get the money back is another matter. If he is jobless then I would expect the same sort of whinging and moaning. You can instruct bailiffs but that is only worth doing if he has something worth seizing.
Customer: replied 2 years ago.

I think we got alot confused.

So to sum up. I will issue a claim through Money claim for the remaining balance of the £450.

My final question is: will the judge approve return of all costs as i read i should try to resolve before court and its out my hands as courts compensation dont do anything.

Expert:  Jo C. replied 2 years ago.
Oh yes, getting judgment should not be a problem since this person has been convicted.
Getting the money is harder but at least with a CCJ you have options.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your help

Customer: replied 2 years ago.

should i try going down the route of contacting him before i make my claim or go straight in with claim?


 


also the last i knew he lives with a guy i work with and even if he moved out they see each other. so if i send there to the attention of him is that ok?


 


thanks

Expert:  Jo C. replied 2 years ago.
You can serve at his last known address.

You should really send him a letter before action. It will not lead to payment but it will protect you from costs.

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