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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2907
Experience:  Solicitor of England and Wales
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Looking through some old file, I took court action against

Customer Question

Looking through some old file, I took court action against someone for £1300 in 2001. The court awarded in my favour and asked him to pay me the money. 14 years on, he hasn't. Is the case still valid, as figured he must have some money by now?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is ***** ***** I am happy to help you. What steps to enforce the judgment did you take at the time?
Customer: replied 3 years ago.

Court order, and oral examination. He said to the court he'd pay, but never did.

Expert:  Alice H replied 3 years ago.
The trouble is that the judgment is quite old and you will have to apply to the court to enforce it now that 14 years have passed. You would not be applying for a new judgment but simply enforcing the original one but the debtor could argue too much time has passed. If you have the time and money to pursue this there is no reason why you shouldn't apply for a further oral examination and if that reveals money in the bank you could apply for a third party debt order or indeed apply for a warrant of execution and send in the bailiffs.
Customer: replied 3 years ago.

All true, but does time absolve someone from debt..?

Is there a "cheap" way to find out if this case is still stands? He's probably moved address and stuff too.

Time and money - I'm not too bothered as wrote it off in my head a long time ago, but found the papers whilst having a clear out. Wondering if to shred and forget, or re-open. £1300 is £1300. Plus interest.

I'm assuming he must have some cash/assets by now, as haven't been notified of any bankruptcy proceedings.

Expert:  Alice H replied 3 years ago.
Despite theories to the contrary the debt is never extinguished but the court will frown on enforcement action that was not taken swiftly; after all even a debtor is entitled to be able to put matters behind him and move on. Your best option is to engage an enquiry agent who for about £100 pr so would be able to carry out some credit checks and determine whether enforcement is worth pursuing. No point trying to claim 14 years interest though - there is case law which says the debtor should not have to pay for the creditors delay in enforcing a judgment.
Customer: replied 3 years ago.

Probably an odd question, but what's an enquiry agency and is there a registered list of such agencies, so I could find a reputable one? If it yields no results, then said papers are being shredded.

I'd say a debtor is entitled to put things behind him and move on following bankruptcy, as that's what it's for, but if the debt is just outstanding for aeons, I don't think it fair to write it off.

Thanks for your help. :)

Expert:  Alice H replied 3 years ago.
I can understand your frustration. Try this company they're great:Name:D P D InvestigationsAddress:93b Oak HillCity:Woodford GreenPostal Code:IG8 9PFFax(###) ###-####3323