anyone know of any lawyer that can help me!!! or advice

21 replies
Found 21st Mar 2010
Hi there.
Right need some advice on a debt that is owed to me.
A person owes me some money and i cant get it back i have evidence of the debt but cant get them to pay. where do i stand and what can i do.
If i take it through the courts surely that person can say they have no money and offer to only pay me a pound a week/month. and not the full amount?

please advice iam at the end of my tether with all this.

Thanks

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21 Comments

TBH you will get a lot of useful advice but also a lot of contradictory useless advice from here. My opinion would be that to contact citizens advice bureau. I would think they might point you to the small claims court if you have exhausted all other means but def contact them

citizensadvice.org.uk/

Banned

Go to the cab? Would be your best bet.

But yes with debts it's difficult and if you can prove the debt, whether you will get the money or not is down to the ability of the person to pay at the end of the day, if they claim hardship and can verify this if the court awards you the debt back it may be at a trickle rate.

Original Poster

thanks for your advice so quickly on this. I have tried the CAB and they werent that helpful really. Its a tough one to take to court and if the person says they havent the money to pay then i am kind of screwed.
I just want the nightmare to end really.

scubapaula;8165434

thanks for your advice so quickly on this. I have tried the CAB and they … thanks for your advice so quickly on this. I have tried the CAB and they werent that helpful really. Its a tough one to take to court and if the person says they havent the money to pay then i am kind of screwed. I just want the nightmare to end really.



do as the banks do and just write it off...yes you will be out of pocket but will have learned a valuable lesson and wont has the stress of worrying about it all the time.......or just break the persons legs...that will allways make you feel better..LOL

Sell the debt to a bailiff. Sorted.

Small claims may be your only option if you have exhausted all other means. The court will not just accept his word that he has money, obviously if he is bankrupt you have no chance, but they will be looking for evidence and yes it may mean £x per month. Is this person a repeat offender? Has others had problems? Is it an amount that warrant going through the court proceedings?

Good website and there is a support number which should answer any queries.

moneyclaim.gov.uk/csm…jsp

Original Poster

i have been in touch with a debt collector and they said i have to raise a ccj on them. dont know how to do that. so how would you go about selling it to a bailiff?

its soo much money to walk away from and the person shouldnt of been such a lier at the offset with it all. want to teach them a lesson they cant get away with it.. mmm thought of legs too.. haha.

as suggested above, break their legs

Banned

My mate is owed £3000 by a bloke she won a tribunal against, it was a small business.

He has debts up to his eyeballs and has transfered his assets mainly to his wife.

He owes the money, he has even had court baliffs run from a2b trying to get the money, I can't remember how to raise a ccj, it's through the county court, I think that bit cost and he has still been messing about, it's not always that easy.

Look into it though if you feel you should, CAB for a start.

Banned

maybe start a fs/ft thread

Original Poster

start a what thread.. sorry a bit new to all this..
thanks for your advice guys.

yeah its 4k off an ex of mine. I lent it to him to pay off a car and he was supposed to sell the car and give it back. that never happened a year and a half or so down the line still putting myself through pain to be nice and get it back.
need actions though now. sick of it all.


arhhh women on the edge.. beware. haha

casparwhite;8165595

maybe start a fs/ft thread



excellent idea.....:thumbsup:

Original Poster

whats a fs/ft thread..

Supermod

How much is the debt? Below £5,000?

If so, start proceedings against them in the small claims court.

The process is that you issue a claim and the claim is served on the debtor by the court. The court gives me about 14-28 day to reply to the claim. They can either ignore you, acknowledge the claim and ask for time to reply, file a defence right away or admit that the whole balance is owed.

If they choose to ignore you and the court, you can then apply for Default Judgment against them. If they reply and their defence is not adequate you can apply for Summary Judgment. Then you ought to think about enforcing your Judgment.

If you want to PM me some of the more personal details I can advise you on the best methods of enforcement.

Original Poster

magicjay1986.. email on the way thanks.

its so hard to know what to do for the best when your blind in the system of legal rights.

Original Poster

hi any more input from people out there that can advise on this

Supermod

Everyone saying "small claims court" need to realise it is not as straightforward as that. For instance, would you bother to sue someone who had no money and there was no prospect of getting anything in return. No, you wouldnt. Unless you had more money than sense.

If it was an 'ex' e.g. just a person not a company it could be hard getting back the money. Do you know if they have the money to pay it back? It could end up costing you more in the long run. i think money claim is £50 just to get the ball running!

If all else fails my 'mate' would buy the debt for 70% of the value. He would defo get the money out of him, wouldn't be your problem then would it!!

Supermod

norfolk_enchance;8166260

If it was an 'ex' e.g. just a person not a company it could be hard … If it was an 'ex' e.g. just a person not a company it could be hard getting back the money. Do you know if they have the money to pay it back? It could end up costing you more in the long run. i think money claim is £50 just to get the ball running!If all else fails my 'mate' would buy the debt for 70% of the value. He would defo get the money out of him, wouldn't be your problem then would it!!



The fees are "tiered". Not just £50.

Original Poster

exactly thanks for clearing that up. if they have the money or if they are just saying they dont have the money.

70% of the debt my god well thats most of it gone already then. not really much point in that one.

thanks for your input on here magicjay1986

magicjay1986;8165786

How much is the debt? Below £5,000?If so, start proceedings against them … How much is the debt? Below £5,000?If so, start proceedings against them in the small claims court. The process is that you issue a claim and the claim is served on the debtor by the court. The court gives me about 14-28 day to reply to the claim. They can either ignore you, acknowledge the claim and ask for time to reply, file a defence right away or admit that the whole balance is owed. If they choose to ignore you and the court, you can then apply for Default Judgment against them. If they reply and their defence is not adequate you can apply for Summary Judgment. Then you ought to think about enforcing your Judgment. If you want to PM me some of the more personal details I can advise you on the best methods of enforcement.



magicjay1986;8166209

Everyone saying "small claims court" need to realise it is not as … Everyone saying "small claims court" need to realise it is not as straightforward as that. For instance, would you bother to sue someone who had no money and there was no prospect of getting anything in return. No, you wouldnt. Unless you had more money than sense.



magicjay1986;8166294

The fees are "tiered". Not just £50.



Used to do this for a living and yep its certainly only worth going thro the whole stress and hassle of filing if there is a reasonable chance of getting the money back at the end of it - or you will just end up further out of pocket and even more stressed. Sounds very unfair and it is unfortunately. If the ex can prove he cannot afford to repay you then even a CCJ isnt worth the paper it's written on - may affect his credit but that wont help you - although may give you some small satisfaction !

Find out as much as you can about his current financial situation first - is he working, what car is he driving now, where is he working, does he own his own house or rent somewhere etc etc - the more you know the easier it will be to make a decision as to whether to proceed or not. If you think there is a reasonable chance that a bailiff could recover money from him at the end of it all then go for it. Am not sure of the costs now but you will be looking at an initial fee to file your case, and then if he doesnt settle thro the court then the bailiffs costs (or whatever enforcement avenue you go down) will build up pretty quickly and may just not be worthwhile.

If you do go ahead the court staff are really friendly and helpful and will give you all the paperwork and info you will need - just pop in and ask them.

And good luck :-) ! x
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