How much does he owe?
Does he have a house or any other assets?
Is he simply refusing to pay or is he unable to pay?
Have you tried any other methods of enforcement?
The bankruptcy limit has been raised to £5000 and hence, you cannot apply to court to bankrupt him. You could have done if you had done this prior to 1 October last year.however bankruptcy is only an attractive proposition for you if he has assets (house in particular) which he does not want to lose.
You could try a Third Party Debt order but it’s only any use if there is enough money in the account to cover the whole debt on the date it is presented. They will not make partial payment.
It doesn’t have to be a bank however it could be anyone that owes this person money.
You can always ask for a Oral Examination https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71
Use court form N316.
Although debtors routinely turn up at court with no information and hence are in contempt of court, and hence, they could be jailed, they never are. The general opinion is that unless you have evidence to the contrary, it’s a waste of time because the judgement debtor will simply lie.
The last known address of the debtor (the father’s address) is good for the service of papers.
What I would suggest that you do is go quiet for 12 months or 18 months and then do another trace and instruct HCE again who will simply turn up out of the blue.
I wish I could give you better news but some debtors, particularly those with no property can be very slippery. just bide your time and then hitting with it out of the blue if nothing is working at the moment.
Can I clarify anything for you?
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I can still clarify things for you.
The judgement is the judgement. You wouldn’t be able to add further costs to the recovery without going back to court. It’s unlikely that further costs would succeed to the extent of £2600 because a judge would say that it was disproportionate to the original debt.
It’s up to the court Judge whether you have the bank account number or not. What the judge will require from you however is proof that the defendant banks in this bank and that it’s not just a fishing exercise on the off chance that the defenders may have an account with the bank
It doesn’t have to be a bank, it can be anyone you know owes money and has the wherewithal to pay.
The only way you can find out what properties he owns is to use a private investigator or to ask around. The land registry have the information but it’s not available to the public and the court would not grant a court order for them to release it. Police can access it in the case of serious criminal matters.
It was always my understanding that the bank would not make partial payment. However,it appears that my understanding is not correct as you will read here near the bottom of the page under the section headed “What happens….”, the first bullet point.
What you might also want to read is the part about hardship payments because no doubt, if he hasn’t got much money in the account, he’s going to claim hardship.
There is no legal reason that I am aware of why it cannot be done in chunks but when you’ve had the first tranche of money out, expect the debtor not to use that account again.
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