utectok Posted September 15, 2009 Report Share Posted September 15, 2009 gonna be tough to get your cash even court ruling as you found doesn't mean you will be paid. You might be able to bankcrupt him even the you probably won't get all your cash. I would see if you could find out who else he owes mint to and work togther good luck! Quote Link to comment Share on other sites More sharing options...
davecooper1 Posted September 15, 2009 Report Share Posted September 15, 2009 Been in same situation, got done for 29k 10yrs ago, went down every avenue, these people know how to play the system. Had to lay 6 lads off, nearly cost me my marriage, house everything, kept listening to wife, and good advice, got me Jack ****. These people are clever, and have done other people, decided to do it my way, with a bit of leaning on them, maybe right, maybe wrong. No body got hurt, but finshed up with 23k and a seira cosworth. Thats just me Im only a hard working bloke, and wont be ripped off. If its any consulation, he still lives in his big house, swimming pool and tennis courts. Hope you get your nightmare sorted out. I really feel for you and your family. Cheers Dave. Quote Link to comment Share on other sites More sharing options...
Dougy Posted September 16, 2009 Report Share Posted September 16, 2009 Best of luck getting your dept back, My bro inlaw got done for £70k some years ago from a large tyre manufactor it sunk him, dont let it happen to you Take some advice from Mung He seems OK i think Quote Link to comment Share on other sites More sharing options...
starlight32 Posted September 16, 2009 Report Share Posted September 16, 2009 Guys and girls. I have known a local businessman for approx 6 years and back in January I supplied him with £8k of materials on a 30 day credit agreement. throughout march I chased him for the money and was always promised 'I will be in tomoro with your money'. Mid April I had a rare argument with Wifey due to being skint which caused me to lose my rag, get in car and go to his house. Fortunatly for him he lives 30mins away so I was chilled out on arrival. We had a very long (2hr) pleasent chat and he agreed to get me paid asap and that he was having cash flow probs at the time. I was in agreement and I would help wherever possible. He owns 2 TOP of the range merc 4x4's and a TOP of the range merc convertable slk, lives in £600k house with pool and sauna. He also has and advertised to me a £25k rolex watch that he said he would sell if really pushed. I offered to take off his hands anything that i could sell to raise funds to assist clear his debt with me. I offered to take the 2 vans he has parked up on his drive now not being used and also the 2 silver pigeons that he also has. I took the whole thing to County court and won Judgement. The Judge honoured my interest claim and fees to the court. The debt is now at £9k. The 14 day judgment ended today and he has failed to pay or make an acceptable offer. As the debt is over £5k then I now have to take him to the high court to continue proccedings and this will be at my expense. I have been very patient with this man and really tried to assist but still get my money. This is someone that a few years ago I stood thinking ' one day I want to be succesfull like him and have what he has' The man and his wife still lord it up around the streets in there flash cars, being at the local cricket matches, eating in top restraunts and generally being seen where other business people go. Where do I go from here, as the court just dont seem to deal with things quick or forcefull enough and although this is not going to bankrupt me now (it nearly did) it does cause problems at home though from time to time. Any sensible assitance would really be appreciated. Darren The truth is quite sadly, that is how many people like that get to the postion they are by knocking the little people like you........ Courts? ......The old fashioned way was better............. If done correctly It never fails Quote Link to comment Share on other sites More sharing options...
ROBLATCH Posted September 16, 2009 Report Share Posted September 16, 2009 apply to the land registry and place a charging order on his property. Quote Link to comment Share on other sites More sharing options...
daz2202 Posted September 16, 2009 Author Report Share Posted September 16, 2009 Darren you are most welcome. No seriously, any time; no really it didn't take me long to type out at all Yeah, many thanks LV, sound advice. You should open up an advice shop or something and start charging for that kind of stuff Mungler, My appologies, But reading this, this morning did make me chuckle. Must be stress or a school boy error either that or I am losing the will to even read properly at the moment. Darren Quote Link to comment Share on other sites More sharing options...
Zapp Posted September 16, 2009 Report Share Posted September 16, 2009 Chaps, Please keep any comments and or suggestions legal and above board. ZB Quote Link to comment Share on other sites More sharing options...
al4x Posted September 16, 2009 Report Share Posted September 16, 2009 We're in the same game companies folding or going awol on us left right and centre so credit terms have been clamped down on but to those that siad those that shout loudest get sorted first its true, its not harrasment as such just repeated calls till they're sick of you. Then when they're deciding who to pay they decide to keep you quiet. Hopefully Mungler can help as a lot depends on his position with the debt, if its a limited company and its in trouble you may be best off saving your money chasing it as odds are you'll get naff all. A credit check is essential as if they're racking up CCJ's as many seem to be doing then you're throwing good money after bad. Keep up the personal approach as it stands most chance of working. Quote Link to comment Share on other sites More sharing options...
Fuji Shooter Posted September 16, 2009 Report Share Posted September 16, 2009 Thee a a few ****** around our way that will pop round and collect using a couple of pieces of 4 x 2 for the price of a drink! Quote Link to comment Share on other sites More sharing options...
daz2202 Posted September 16, 2009 Author Report Share Posted September 16, 2009 Thee a a few ****** around our way that will pop round and collect using a couple of pieces of 4 x 2 for the price of a drink! There are some of those in every town - But I am trying to do things correctly as I am also well known in the area as have always lived around the town and been in the plumbing industry. Today I paid the courts some more money and instructed the ballifs. They can only collect up to £5k but it may get some or at least assist putting the ****s up him. I also spoke to my solicitor today although he personally doesn't do debt stuff his partner does so I had quite a long chat with him and he went through a lot on the phone. He sounded positive and believes that I stand a good chance still of getting my money as normally people that Lord themselves about cannot deal with the prospect of being personally bankrupt and it being advertised around as it will affect there status. He is sending me a load of gumf to read so we can decide which way to go and he asked me to find the g*ts bank details (which the bank are sending me as its on one of his old cheques). Solicitor says he can find out a lot of info when he gets the bank details. Quote Link to comment Share on other sites More sharing options...
John_R Posted September 16, 2009 Report Share Posted September 16, 2009 Good, it sounds like you are getting on with it and not allowing it to fester. From what you say do we gather that this person is not trading as a Ltd. Company? If so liquidation proceedings are not appropriate and you go for it on a personal level. Quote Link to comment Share on other sites More sharing options...
al4x Posted September 16, 2009 Report Share Posted September 16, 2009 its a lot easier if it is personal, I despair with baliffs I've yet to have success with them, even had them accept a cheque from a business about to go pop, resulting in it going pop and cheque bouncing. Second I had a customer I knew was moving out so told them when to go so they waited till they'd moved all the goods out. Hopefully as its personal he'll get the message you're serious when they turn up also having a ccj against him should make getting more credit difficult. Quote Link to comment Share on other sites More sharing options...
arjimlad Posted September 16, 2009 Report Share Posted September 16, 2009 I have found the high court enforcement officers more effective than the county court bailiffs. A charging order is a very good thing & Mungler's advice should be accepted with gratitude & followed to the letter. Quote Link to comment Share on other sites More sharing options...
Mungler Posted September 16, 2009 Report Share Posted September 16, 2009 Seriously, County Court Bailiff absolute waste of time. Attachment of earnings / 3rd party debt orders - also a waste of time unless you know when and where the debtor is due to receive a large sum of money. If you have a County Court judgment against him personally, don't f-about get the statutory demand personally served and crack on. Last question - did he respond to the Claim Form that was issued (again assuming it was issued against him personally)? If not, do you have anything from him that acknowledges that he got the paperwork. In 9 out of 10 cases, if you get a default Judgment then the Defendant will turn round and deny ever receiving the paperwork in the first place, thereby reseting the Court process, adding delay and buying time. Quote Link to comment Share on other sites More sharing options...
Killjoy Posted September 17, 2009 Report Share Posted September 17, 2009 I am also in the same situation pal, so understand totally what your going through. I have default judgement against a Ltd company for a balance of around £1500, although not the same league as yours still a considerable amount of money which i can't afford to be without. I paid a company for a service which they didn’t provide me with, so i claimed a refund on the balance paid which is what my judgement is for, i have lost income which is more than i have paid this company as a result of their bad service and lack of knowledge in the field which they advertise to specialise in. I have just emailed them to seek conformation of them receiving the judgement form, just incase they pull the “we knew nothing about it trick”. I have every intension of pursuing this debt the whole way and wont stop until the company is closed or i have my money. Thank you Mungler for the advice which you have posted in this topic, may i ask what line of work you are in as you seem to be very knowledgeable with these kind of things.. Quote Link to comment Share on other sites More sharing options...
amateur Posted September 17, 2009 Report Share Posted September 17, 2009 ..............may i ask what line of work you are in as you seem to be very knowledgeable with these kind of things.. My impression is that Mungler is a professional Pigeon Watch correspondent who occasionally dabbles in the law. Quote Link to comment Share on other sites More sharing options...
Mungler Posted September 17, 2009 Report Share Posted September 17, 2009 I am a freight forwarder. It's LV's advice you want because he's a solicitor. Quote Link to comment Share on other sites More sharing options...
al4x Posted September 17, 2009 Report Share Posted September 17, 2009 soliciting what though Quote Link to comment Share on other sites More sharing options...
Killjoy Posted September 17, 2009 Report Share Posted September 17, 2009 Just had a reply back from the bloke / defendant, saying he had instructed a solicitor to deal with me and that he assumes they have been receiving the court paperwork as he hasnt. I have had no correspondance from the solicitors he has apparantly instructed. Should i now inform him of my intensions of submitting a statuary demand, or play that card close to my chest? Quote Link to comment Share on other sites More sharing options...
Mungler Posted September 17, 2009 Report Share Posted September 17, 2009 (edited) Ah the old "I didn't get the paperwork" line. The best one of these I ever saw was: Debtor "I never received the Bankruptcy Petition" Judge "yes you did" Debtor "I swear on my kids I never" Judge "yes you did" Debtor "how can you say that?" Judge "because you are holding it and the Court envelope is there [points to desk in front of man]" And yes, there he was in Court holding the document in question whilst addressing the Judge; oh how we laughed. Well, if you have a Judgment in default, then whoever you have the Judgment against (it's a limited company, correct?) will have to make an application to Court to set aside Judgment (and potentially seek an injunction to restrain you from proceeding with enforcement, execution, winding up etc. pending the outcome of the hearing of the application to set aside). The balls in the other side's court (so to speak) but the Court will want to see you being reasonable. The other side will have to make an application Under Part 13 of the CPR as this sets out the procedure and the test. It is worth you reading this and properly. Also, you should make sure that the entity you sued is EXACTLY the same and correct entity that you were involved with and that you got all the Defendant's details correct (company name and registered address etc). Check it all out at Companies House. If you got it wrong (any of it wrong mind you: name of company, registered address of company etc), then the cost of his making an application to set aside will most likely fall at YOUR feet because you will probably hand the other side the technicality they need to get the Default Judgment set aside. Assuming: 1. you have sued the right entity, at the right address and the paperwork was properly served 2. then the bad guy will make an application to set aside under Part 13 along the lines of: [a]. I never got it, and we have terrible postal service around here (honest guv); AND, . I have a defence with a reasonable prospect of success for the following reasons [they will then have to set out why they don't owe you - normally the other side will add in a COUNTERCLAIM [i.e. a claim that you owe them money] just to make it all seem more likely that there's a dispute and that the Default Judgment needs to be set aside so that everyone can have their day in Court]. My normal approach to the above (and subject to any to and fro and developments in the correspondence) is to suggest that provided they pay the full amount of the Default Judgment into Court, and make a nominal contribution towards the cost and aggravation of dealing with setting the Judgment aside, then I will agree to the request. In 99% of all cases they don't come up with the money and so it's game over. If they do come up with the money, well at least you then know that the money in dispute is sitting with the Court offices in cleared funds. Obviously, this isn't advice and you need to see your own solicitor etc. Edited September 17, 2009 by Mungler Quote Link to comment Share on other sites More sharing options...
Killjoy Posted September 17, 2009 Report Share Posted September 17, 2009 Mungler....... Thank you for all that non-advice will be a massive help im sure!! Quote Link to comment Share on other sites More sharing options...
welsh1 Posted September 17, 2009 Report Share Posted September 17, 2009 YOU HAVE PM Quote Link to comment Share on other sites More sharing options...
ME Posted September 17, 2009 Report Share Posted September 17, 2009 (edited) I am a freight forwarder. It's LV's advice you want because he's a solicitor. My advice (and it is proper advice, not "my mate down the pub stuff" like Mung) would be to write "you owe me money, pay up now" on your buttocks and keeping running naked past the guys house. He'll soon pay up. That'll be £235.00 + VAT please. Edited September 17, 2009 by LV Quote Link to comment Share on other sites More sharing options...
starlight32 Posted September 17, 2009 Report Share Posted September 17, 2009 My advice (and it is proper advice, not "my mate down the pub stuff" like Mung) would be to write "you owe me money, pay up now" on your buttocks and keeping running naked past the guys house. He'll soon pay up. That'll be £235.00 + VAT please. I will give you 350 if you do the above in person...... Seriously though- you are still charging poor old pw members for your work are you? I thought this was a forum where helped each other for free? Quote Link to comment Share on other sites More sharing options...
ME Posted September 17, 2009 Report Share Posted September 17, 2009 I will give you 350 if you do the above in person...... Seriously though- you are still charging poor old pw members for your work are you? I thought this was a forum where helped each other for free? I am afraid us poor solicitors are struggling in the credit crunch. I have only charged for half an hour at "mates rates". Send me the £350.00 (cleared funds), a bottle of port and give me the address :look: Quote Link to comment Share on other sites More sharing options...
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