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I think I have tried everything to date! At the beginning of the claim (Judgement May 2013) - I had the services of a solicitor and was advised / and did use High Court Enforcement Officers but all they established was that the debtor said he didn't own the salon and neither was he employed there (although he was the lead stylist five days per week). I applied for an Attachment of earnings but his brother wrote to the court saying he wasn't employed there but worked there on a self-employed basis. So not employed and not self-employed? He runs his own salon in the centre of town full-time so I would presume he has far more income than the £200 per week as he stated but he hasn't supported this with original bank statements - just handwritten lists showing IN and OUT - not good enough - why did the court accept these? He did not produce any statements for a further business account that he admitted to - court didn't question this? I have full details for his personal account and this further business account but the bank wouldn't allow me to get further details surely? He owes the debt for non-payment of rent when he traded from my premises in 2012 - he set up DDebits in his name and accounts for utilities etc - these were set up using this second account that he failed to bring documents for. I gather this is a joint account but he still should have produced the docs. as they were requested by me in Additional Questions and Documents submitted with the summons to Questioning. I fear he has not disclosed income for several years to HM Revenue. He also stated at the examination that he has not received benefits but his personal statements show he has been in receipt of Job Seekers Allowance - whilst he was running his own salon! He is definitely not a limited company.
He has never responded to anything from the courts until the threat of arrest. I could apparently verify information through HM Revenue but cannot get through to anyone by telephone and when I did no-one seems able to tell me how I could do this! I truly believe there is tax and benefit fraud connected to this case and the man has no scruples about lying under oath. My letter from the court gives me few choices: they say 'if I am not happy with information in the statement I must make a fresh application and pay a further fee' yet he failed to supply the information requested and the court accepted handwritten statements and allowed/ ignored that he didn't provide other requested information - so why should I pay again? they say if I do not accept the offer I could look at other methods of enforcement but he's apparently not employed, makes no money self-employed, has no personal assets etc etc etc. I am currently responding to the court setting out that I feel he lied under oath and sending evidence to support this. I really want to get him to questioning again - this time with original documents. I want him to pay at least £200 per month (i'd rather it was paid in full!) can I make that as an offer? Would he have to then produce true evidence to prove that he couldn't afford that amount? If he does pay in instalments - what happens when he does't pay - do I have to start again. I just wish I could get it before a judge - I have masses of evidence and I feel it would be settled if there was just me, him and a judge! He also gave details of a personal injury claim he has pending - this may be a substantial payment as he 'claims' he was left with a broken leg, trapped nerve etc etc and no doubt loss of earnings (although he apparently doesn't work or earn!) could I put a charging order on that payment - I have the claim number and details of the company? It is very complicated and to be honest I feel this family are well rehearsed in avoidance and the bailiff did tell me that he is often delivering summons to each of them! Hope this helps.