County court judgements

[Acerforestry]

Has anyone on here in recent years had cause to initially attempt a small claims court claim against someone, only for that to not elicit a response, and then follow up with a CCJ? The context isn't too important, just suffice to say I'm owed money and so far the small claims court was just a waste of a 50 quid fee. I just would like to know if I'm likely top be throwing more money away.

Edited July 23, 2023 by Acerforestry

[oowee]

Only you can weigh up if it is worth the time and money. Having a ccj against any person is no small matter. It may not get you paid out in the short term but it's certainly likely to cause a significant problem for the person concerned. 

[JohnfromUK]

It may be a case of whether the person from whom you are seeking money has actually got any to 'seize'. 

A few years ago someone owed me money and I consulted a solicitor.  I knew the person also owed others including their bank, various businesses and critically HMRC (certainly for VAT and probably PAYE).    Legal advice to me was that unless I was sure that the person had sufficient assets to pay off HMRC and probably the business creditors and bank - then there was no point in throwing good money after bad.  There is a pecking order for creditors and HMRC are high up, private creditors are low down.

[TIGHTCHOKE]

3 hours ago, Acerforestry said:

Has anyone on here in recent years had cause to initially attempt a small claims court claim against someone, only for that to not elicit a response, and then follow up with a CCJ? The context isn't too important, just suffice to say I'm owed money and so far the small claims court was just a waste of a 50 quid fee. I just would like to know if I'm likely top be throwing more money away.

YES!

[Acerforestry]

Tightchoke, you may be right but sometimes an element of principle comes into these things as well, and can I ask how you came to that conclusion - have you tried to do this? What costs are involved is what i'd like to know, for a start

[TIGHTCHOKE]

1 minute ago, Acerforestry said:

Tightchoke, you may be right but sometimes an element of principle comes into these things as well, and can I ask how you came to that conclusion - have you tried to do this? What costs are involved is what i'd like to know, for a start

Whilst I agree that there is often an element of principle, it just ends up costing you more to get no where.

There is just too many ways for the unscrupulous idiots to get away with things.

I have known a couple of chaps go after debtors this way and the system just does NOT work for the good honest individual.

[bluesj]

Done this a few times i would say about 75%  paid up before it got to a ccj only had one go all the way to a CCJ, we didn't but hes screwed.

[Acerforestry]

Ok thats useful info, what sort of outlay was involved?

[welsh1]

A few things to consider if you are going to get a ccj against someone.

If you get the ccj you need to enforce it, county court bailiffs are useless and you will most probably waste your money.

Does the person have assets that could be seized that will cover the debt you are trying to recover?

Is your sum large enough to transfer to the high court? you could obtin a writ of fieri facias get a sheriff to send his officers to enforce it, they have greater powers than county court bailiffs and tend to get better results.

Have you thought of a statuatory demand? it depends on the size of your debt and it takes a couple of weeks, but you can make someone bankrupt if they don't pay, this is a good tool as it sharpens some peoples minds, but be wary, they might want to be made bankrupt as they have lots of people chasing them for debt.

Lastly, if it is a small debt, is the stress and aggrivation worth it, can you pocket the loss? if you can walk away do it, sometimes life is to short to get yourself very stressed about a small amount of money.

 

[Fargo]

Having been in this position a few times you need ask yourself :-

How much is it for?

Does the money owed affect your life going forward?

Has the person owing you actually got any money to give ? 
 

#3 is possibly the biggest answer you need to think about . If someone has no money or assets then you will likely be throwing your money away chasing . 
As much as it hurts it’s sometimes better to move on and forget about it.

Ive chased people through CCJ’s and baliffs but always to no avail. One said he had fallen on hard times and was living on the sofa of his OAP mother warden flat and offered £8/ month for next amount of donkeys years and what’s the point in chasing that .

[harrycatcat1]

10 hours ago, Fargo said:

Having been in this position a few times you need ask yourself :-

How much is it for?

Does the money owed affect your life going forward?

Has the person owing you actually got any money to give ? 
 

#3 is possibly the biggest answer you need to think about . If someone has no money or assets then you will likely be throwing your money away chasing . 
As much as it hurts it’s sometimes better to move on and forget about it.

Ive chased people through CCJ’s and baliffs but always to no avail. One said he had fallen on hard times and was living on the sofa of his OAP mother warden flat and offered £8/ month for next amount of donkeys years and what’s the point in chasing that .

This just about sums it up. Sometimes, pursuing a debt if they can't repay is like peeing into the wind.