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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need some advice on how to respond to a Creditor's Reply

Resolved Question:

Hi
I need some advice on how to respond to a Creditor's Reply to Debtor's Application to Vary Order. I was in court last week and won my case against a gardener who worked in my garden in April 2015. After he completed the work it all fell apart due to very poor ground preparation and lack of foundations. I was awarded £5555.
Today I have received a Creditor's Reply to Debtor's Application to Vary Order where the gardener is offering to pay me £60 - £100 per month. He reports his living expenses are £910 per month and his income is £1246. He has a bank account with £900. I know he bought a second hand sports car in January and then purchased personalised number plates and a 'top notch' radio. This information was on social media.
When he worked for me he charged £1000 per week in labour charges plus additional charges for sundries I did not receive. He also provided an itemised bill for ALL materials used and added a premium too.
I am a single parent who paid £7000 to have this work completed. I now have a lawn which is just mud, this is very upsetting and I need to have this put right. I have a quote for £1500 to do this work.
Is it reasonable for me to ask for £1500 to put the lawn right immediately plus £250 per month. Will the court deny this due to the defendants financial information? Even though I do not believe it to be accurate.
Will the court take into account the fact that he has a car which can be sold?
Thanks
Pam
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
Hi
Yes I am happy to wait.
Thanks
Pam
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Have you instructed bailiffs at all please?Alex
Customer: replied 10 months ago.
Hi
No, the court case was on the 5th May and Friday I received the offer from the defendant offering £60 - £100 per month. He completed a form to say this and sent to the court. He included his house hold expenditure which shows this is all he can pay. When he was working for me he told me he had always had a a lodger which is not mentioned on his income but he evicted her when he had a serious girlfriend in March last year. He worked for me in March last year. He also bought a recreational sports car and personalised number plates in January this year. He has a work van. I am sure his girlfriend is now living with him but I can't prove this.
Thanks for your help.
Expert:  Ash replied 10 months ago.
Ok - I would transfer it to the High Court asap. It will cost you about £60 I think.Then you can send in High Court bailiffs.Various firms to do - just Google search: High Court enforcement transfer upThe High Court bailiffs can find and trace assets. You can do this even now whilst there is this application.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Hi
I thought you had to give him the opportunity to pay first and if he didn't after about 6 months then you could transfer to the high court. If I can do so now that would be perfect.
Thanks for your help.
Pam
Expert:  Ash replied 10 months ago.
No. If its been 14 days then you can transfer to the High Court (so 19th May).Does that clarify?Alex
Customer: replied 10 months ago.
Fantastic, Thank you so much.
Pam
Expert:  Ash replied 10 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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