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It is unlikely that they would pay by direct debit because it’s quite a complicated setup. It would more likely be standing order.
Does the person have the money to pay you?
If he has not got the money, it doesn’t matter what enforcement steps you take, you will not be able to enforce. If he a house, you could get a charge against the house. However if he is a man of straw and of limited means, or without a house with any equity, and you started to push the issue, he could declare himself bankrupt which means that you would get nothing.
If the debt is over £5000, interest will continue to accrue at the court rate of 8% per annum simple interest and the £50 per month will not actually cover those interest payments.
Before considering the next step, I need to know whether the person is able to pay you or has any assets.
There are a limited number of ways of enforcing a judgement. It is a definitive list.
1. Statutory demand with a view to bankruptcy or at least the threat of.
2. Third party debt order to take money directly from his bank account provided there is enough money in the account to satisfy the debt
3. Attachment of earnings order to have the employer (if he is not self-employed) pay money to you directly from his wages
4. A charging order to put a charge against his property so that you will get paid either when he tries to sell or remortgage the property or if you want to force a sale.
5. You can obtain a warrant of control to send bailiffs to seize his assets for sale.
Hence, it really comes down to what assets he has and where they are as to which method of enforcement you use.
Under 71.6 of the Civil Procedure Rules https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71
allows you to attend court and question and cross examine on the evidence.
It’s common for people to routinely lie at oral examination you are going to need some evidence to back up your assertion or you are going to need to trip the debtor up in what he’s saying or producing.
You can ask the court for a copy but they are not under any duty to provide them after the event. If you are going to appeal the decision, you only have 21 days to do so.
You could make an application to appeal out of time. You can only do so however if the judge made an error of law or an error of fact and you would have to have unequivocal proof of the lies
You can indeed apply for an attachment of earnings order but the bailiffs will not look for his employers address. You would need to do that yourself or find a private investigator to do it for you.
I don’t think there’s any point in getting hung up on the terminology of direct debit versus standing order because the court would assume that the defendant simply did not understand the difference.
The amount of an attachment of earnings order would be set by the court.
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Some bailiffs organisations will do a whole load of different tasks and if they will do tracing for you, so much the better. It’s just that it’s not within the normal remit to go and find debtors if there is no address which can easily be found.
Incidentally, the one thing about the attachment of earnings order, as opposed to standing order, is that the debtor is not in control of it.
What you have been told is correct. However I was anticipating Mr Slippery not paying so you need to get everything ready to pop off to the court in anticipation if he doesn’t stick to whatever is being ordered. Remember also that you can apply to vary the order if more information comes to light at some stage in the future that (for example) he has won the lottery.
Yes. That’s it.
If he fails to make the payments, you can always make an application to court to make him reveal the identity of his employer to facilitate the order.
You can make an application to court for pre-action disclosure if he doesn’t release those details to you and that would normally take weeks not months.
It is not uncommon for slippery characters like this to keep losing their jobs.
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