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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70182
Experience:  Over 5 years in practice
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I have recently secured a court judgment by default,

Customer Question

Hi,
I have recently secured a court judgment by default, against two people I lent money to a while ago, who both decided they did not want to pay it back. These are two separate cases and both defendants did not file a defense within the required time frame. I was obviously very pleased when I heard this news the judgment was awarded in my favour.
I then proceeded to exercise my entitlement to have a warrant of execution against them through the courts in their local area. I thought this might scare them into paying up, but again they both failed to contact me to resolve the matter. I then get a letter through from the court to say that in the case of one them, the bailiff had visited the address I had given but was told by the current occupant that the debtor had left and that local enquiries to the debtors whereabouts had proved to be unsuccessful.
The other case, I've not had any feedback since executing the warrant, but would of assumed the bailiff must have visited the address I gave by now, so have no idea why it's taken so long to come back to me, but can only assume the debtor has gone into hiding when hearing knocks at the door or quickly vacated the premises when news arrived the bailiffs would be attending (seems a bit naive to pre-warn debtors a bailiff is visiting if you ask me, but I guess that's the law we have to abide by).
I have checked the CCJ register and I'm happy both judgments have been filed against their names, however is there anymore action I can take in a last ditch attempt to track them down and get my money back? I'm still bitter and twisted that I've been basically just been robbed for trying to help out two people I trusted in their times of need.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking how to enforce?
Customer: replied 1 year ago.

Hi Jo,

I just want to know what else I can do. I've got the judgement, I've executed the warrant of control and as far as I know I've got no other options after this stage? This was all done through moneyclaims online by the way.

There is no other options I can see on the moneyclaims website menu for both my cases. Am I missing a trick somewhere?

Expert:  Jo C. replied 1 year ago.
Are they in work?
Customer: replied 1 year ago.

I'm not sure they have proper jobs.

One is a model/singer and the other debtor is a model/make-up artist. I don't think they get regular income as such, as the work they do is more 'as and when' required and is probably dealt with in cash. They both have young children as well and I'm almost certain they only 'scrape' by each month financially.

Expert:  Jo C. replied 1 year ago.
Ok.
Do they have any assets? Like a car?
Customer: replied 1 year ago.

I would of thought they both have cars, yes - although I was under the impression assets that involve household goods and items that are required for their work purposes cannot be seized?

The only issue I see is the debts they owe are quite minimal - £200 and £500 respectively.

Any ideas?

Expert:  Jo C. replied 1 year ago.
Oh no, that is a nonsense.
There is very little a bailiff cannot seize actually. He cannot seize tools of the trade but that is not made out if it just a car that they use to commute. A vehicle that is genuinely a tool of the trade would be something that has no other purpose - like a works van or a taxi.
The question here is balance. You can instruct a bailiff to pursue them and he will find them in the end. It is likely he could seize their vehicle. Whether it is worth anything is another matter. In the meantime you are paying for bailiffs costs. In the end you would recover but the question is whether you want to take the chance. If their cars were worth £3k each then probably it would be worth pursuing.
There is no point in an attachment to earnings if they have no regular income.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you Jo, that is a great help.

So what is your advice I do from now? Just wait on the bailiff response from the other debtor to come through?

As I mentioned earlier, the bailiff who visited the other debtor could not locate her as she had already vacated the property and he has therefore declared that the 'final outcome' unless I wish to re-issue another warrant if I can find another address she might be at. (I haven't a clue).

Expert:  Jo C. replied 1 year ago.
You can get a tracing agent to track her down. That is further cost though although only about £50.
Customer: replied 1 year ago.

Thanks Jo. I was just looking into that. I was just looking at the website for 'The Sherriffs'. Do you think it would be worth my while using them for the tracing service and enforcing the CCJ?

Expert:  Jo C. replied 1 year ago.
It depends how much cost you can bear.
These people are annoying and I can understand your anger. However, you have to pay bailiffs in the meantime. If you had unlimited funds you would succeed in the end. Truth is, with judgments of under £1k there are very few defendants who are genuinely of straw as even completely improvident defendants all have Xboxes and vehicles - even though if you believe Socialist propaganda they are all dependent on foodbanks.
Customer: replied 1 year ago.

Yes your right.

I have no concerns about bearing the costs, but it makes me sick whats happened to me and these people having a good time on my money - money I lent them in good faith because they begged me for my help.

Anyway, perhaps I'll re-assess my options and decide to give up and put it down to a bad experience and move on....

Thank you again for your time Jo, much appreciated.

Expert:  Jo C. replied 1 year ago.
Yes, I do understand.
If it helps, for the future, I try never to get involved with victims. All that ever happens is that you expose yourself to risk and they walk away scott free. People are not victims for no reason.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

That's well said!

Have a good day....and before you ask, Yes I will rate your answer!

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 1 year ago.

Thank you, ***** ***** note that.

Expert:  Jo C. replied 1 year ago.
Thanks.
Customer: replied 1 year ago.

I usually have a legal requirement each week of some nature or another - this one is obviously personal, the majority are business related through my company.

Expert:  Jo C. replied 1 year ago.
Some I can do and not others but I can always make a referral to others.