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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I am working as an independent credit controller. One of my

Customer Question

I am working as an independent credit controller. One of my clients; a Firm of Chartered Accountants, have a client who had guaranteed a debt for his business (which is now dissolved). On the basis of the personal guarantee, I have applied to court for a warrant and judgement against the individual. The Judgement was enforced.
The client finally agreed to settle the debt by standing order (the debt includes interest chargeable) and paid an initial £200.00 into our account. Since doing this, I have not received any more monies into our account by Standing Order. I have evidence to prove the client agreed to pay the debt and the date he was to set up the standing order. I have threatened to apply to Court for an attachment to earnings, but have no understanding of employment law and whether or not this is something a Judge would rule on. Please advise
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

we are all in practice with clients and court and other users, I might not always respond in minutes,
particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

you. How much does he owe?

In my
experience, don't waste money on the FSB because my clients tried to get advice
from them, for some strange reason, they could give it. He cancelled his
membership and did not re-new.

I am
confused because you say you apply to court for a warrant and judgement and the
judgement was enforced. But later on you said that you try to take the client
through moneyclaim.

So did
you take them through money claim and succeed and get a judgement?

enforcement have you applied for already?

Is he

he have the money to pay you in his bank account?

Does he
have any assets?

he have a house?

Customer: replied 4 years ago.

Hi Law Denning


Thank you for responding to my request.


I went through Money Claim on-line to issue my Warrant and Judgement. The Judgement was enforced.


The client owes £4,053.75, including VAT, and with additional interest accruing at 8% pa. To date he has paid £200.00 into our account directly whilst he was setting up a Standing Order for £100.00 inclusive per month.


He is working and that is why I am thinking of applying for an attachment to earnings. As far as having assets or owing a house, I am not certain.


When the Warrant was issued, the Bailiffs were sent to his address in Esher. It transpired that he no longer lived there, so whether he has any interest in the property or was just residing there, I don't know.


I have kept emails from the client where he has agreed to pay the amount owing and to setting up a standing order for regular payments. As these have not materialised, I have tried to call his office and mobile number and have emailed 'without prejudice' and marked as private; so as not to compromise my position.


I am not familiar with the process of applying for an attachment to earnings and wonder whether you could advise me of the best method and what pitfalls I should be aware of.




Fiona Hill



Expert:  James Mather replied 4 years ago.

Do you know who is
employer is?

Have you written to
the debtor and told him that you intend to get an attachment of earnings order
to get his employer to pay you directly?

Did you send it in
an envelope with an ordinary stamp on with the type written address, not
recorded or special delivery so it looked just like any other piece of mail

You can get the
deeds to the house in Esher here for 3 pounds.!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

they will tell you
who owns it and if there is a mortgage or any other charges on it will not tell
you how much is owed or how much it is worth.


You have lots of options when it comes to enforcing the judgement and rather than regurgitate pages and pages I can do no better and make no excuse than to give you this link.

Does that answer the question? Can I help further? Can I answer any specific points?

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