Enforce A Debt

[vonda]

Any ideas on enforcing a debt on someone who is on benefits?

[Buenchico]

The old saying about getting blood out of a stone is worth remembering here. Some people on benefits might (because they've only recently fallen on hard times) own some expensive items which it would be worthwhile bailiffs seizing but most won't. Also no court is going to issue an enforcement order which would leave the debtor with insufficient money to live on.

If you've not already done so, the first stage in pursuing a debt is to send a formal letter, demanding payment. (That letter has to include your name and address, the debtor's name and address, the date, the amount demanded, the reason for that demand and a statement that, unless payment is forthcoming within a specified period, legal action will be commenced).

If you've done that, but not got your money, the next stage is to initiate court action through the online process here:
https://www.moneyclaim.gov.uk/web/mcol/welcome

You then have to wait for the court to make an order in your favour. (Remember, however, the court will only order what the debtor can actually afford. With someone on benefits, that might only be a few pounds per week).

If the debtor then keeps up the repayments, there's nothing further that you can do.

If the debtor defaults, you have to return to court to seek an enforcement order. (You can do it via Money Claim Online if you want to send in bailiffs). The options available to you are listed here:
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Remember that sending in bailiffs often doesn't produce a lot of money to pay off a debt. For example, the debtor might have a laptop which he paid £350 for. When it's sold at auction, bidders won't know whether it's fully working or not, so it might only be sold for £60. The auctioneer's commission might be 15%, leaving just £51, but then there's the bailiff's fee to come out of that as well. So probably you'd only get a few pounds from the sale of his laptop.

[Peter Pedant]

yeah tons of ideas....
practically - see above and chris' answer

if they dont have the money - you are scrowed

dont lend anymore
and if they are tenants then get them out as soon as poss

One of my tenants who is an inveterate liar
says she was on benefits and pays £45 / m

I took her to court before she went on benefits

trying to get money out of benefits people isnt a great money maker
you must have realised that
so in dealing with them you have to have strict credit contol
but you have realised that now

[trt]

Lots of debtors say they have no funds, but can have hidden assets.

Try the high court, like people do on the tv series 'the sheriffs are coming' and 'dont pay, we will take it away' where they send enforcement officers, not bailiffs, who might be able to sort out a payment plan for you, with the debtor.
If they dont succeed, you have to only pay about £70.00

Both theses programmes are on tv now.