Hello and thanks for the question.
Have you entered Judgment for the First Defendant also?
First defendant. An accountant who rents and has an old car, but can holiday in Tobago every year as divulged by him to me and also by his Facebook pages. Assets unknown.
Second defendant. A limited company which the first defendant is director of. The limited company presented several months ago a very ‘Micky mouse’ P&L to me which from memory purports that the company is worth something in the region of £35,000, of which some £16,000 or so is associated with the purchase of a piece of land. I am dubious about the validity of this P&L and also as the first defendant would certainly have seen what is coming the likelihood is that he would have embarked on an asset stripping exercise of the second defendant.
With regards ***** ***** first option - bailiffs. Is this £60 per defendant? Is this a physical activity of removing goods? If so I doubt that either defendant would have anything of significant value in order to cover the claim.
With regards ***** ***** court order to obtain information on assets / income. You say that they are meant to disclose such information. What if they do not disclose this ie savings or indeed lie about this.?.
The Bailiffs would be a 'nuisance' option for me. Is there not some rule where the amount of my claim is over a financial threshold to allow the bailiff route?
I presume that the bailiff will only seize high value items as it wouldn't be allowed to strip the defendants of everything?
The defendants have stolen this money from an aged lady and I want him/them exposed.
so for £120 I may be able to obtain £600 is that right?
If the defendant(s) are potentially in contempt of court this would never be proven unless there is a mechanism for researching the defendants 'real' financial / asset position. Is this something that can be done?
sorry, what does "Its £600 minimum debt to transfer to the high court" mean?
So I pay £120 and the bailiffs within their guidance rules go to each defendant and seize goods as much as they can to the value of the claim? So if a defendant is living with a partner and claims that the item to be seized is owned by the partner or jointly owned then the bailiff will presumably not touch that? Is that right?
So how does one officially go about investigating the private finances of someone? Presumably through the courts?
With regards ***** ***** bankruptcy route, does the cost of this exercise get added onto the claim amount?
so unless there is police investigation to investigate financial worth it is whatever the defendant is prepared to divulge?
Ref proving ownership. So say there is a TV, its a couple of years old and they don't have a receipt. The partner is adamant that it belongs to her (she brought it with her) She cant prove it is hers. she says it will be on a bank statement that she will have to get from her bank. So will the bailiff definitely take it or give her the benefit of the doubt?
ok what are the guidance rules that they need to comply with regarding seizure of goods. is there a document you can point me to?
regarding assets. The defendant shared with me on a P&L (in writing) that the defendant owned a piece of Land (this would cover the claim). I am dubious that this is actually the case. So I go down the bankruptcy route and this proves to be non existent or indeed the land together with other financial assets has been stripped. So presumably the defendant is made bankrupt and the claimant has a moral victory. What is the outcome of bankruptcy is there an order for the defendant to pay £x per month back.
Accepting that the money will not be retrievable to any great extent, my objective is to stop him doing this to other vulnerable individuals.
I guess its whether I want to sink another £1500 into this to see him pay up or become bankrupt, most likely the latter will happen.
When the court issue the defendants with the paperwork that the court found in favour of the claimant what would they receive. Should I have a copy? What is the format does it tell the defendant(s) to pay the amount due and give them a specific date to do this by?
They will get a Judgment which sets how much they are to pay and when by
so how do I know when the deadline is? I submitted the N255s on the 01/12/14
You will get a copy of the Judgment
Think I have that, which then invited me to submit N255s. but how long do the defendants have to pay up after this. Has a reasonable time now passed so that I can take my next step?
It depends on what the Judgment says. If you have selected immediately then you can take enforcement action straight away
Does that help?
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/