I Am Owed Over £3000 C C J Judgement

[Stickybottle]

Today I gave received a letter from the court telling me that an Attachment of Earnings order from the debtor is suspended provided they pay me £10 per MONTH until the debt is paid

Is this acceptable ? I have 16 days to appeal after which the court will arrange a hearing

Are there other options open besides the appeal that I will formulate shortly ?

Thank you for any replies and advice

[Stickybottle]

*have not gave

Plenty of online advice for debtors but not creditors
Have spoken to a person from the court who has said I can start an appeal process
Just wonder if anyone has any knowledge or experience of this ?
I understand it is not run of the mill stuff that happens often in courts

[ToraToraTora]

I always thought that the creditor had to agree such arrangements following the CCJ. I think You have the right to send in bailiffs etc via the court if you want to. I'm not sure of any of this so I'll be interested in some of the answers from those in the know.

[davebro]

Seems tantamount to saying the debtor will never be able to pay so write it off. Good luck with the appeal!

[Stickybottle]

Thanks to both of you

I will give updates after the appeal is made

26 years to pay it off sounds a bit too lenient !

[bednobs]

one wou;d presume if an AOE order has been suspended, it meant the debtor no longer has any earnings? what i would be interested in is what you recourse is if they DON'T pay £10 pm

[bobbinwales]

If its from the court I don't see how a court will approve se ding bailifs on.

[bobbinwales]

Sorry typed mine 20 mins ago but just found didn't press submit. It may be 10 a month or nothing unfortunately sd

[barry1010]

Bob, Stickybottle would apply to the court for a warrant of control to send the bailiffs in but in all probability he has already done that.

[Stickybottle]

Thanks again folks

I did not apply for bailiffs as there would not be enough assets in the house to cover even one third of what I am owed

I will appeal and point out that the debtor drives a car worth some £5-6000 on hp I believe and feeds 2 cats and 2 dogs so obviously has the means from somewhere !
They are in full time employment too though only just minimum wage I suspect

I will see how the appeal process goes and see if anyone else posts who had knowledge or experience of this process

[bobbinwales]

Good luck , I know from experience that some are good at lying or twisting things to avoid paying.

[Stickybottle]

bobbinwales
Good luck , I know from experience that some are good at lying or twisting things to avoid paying.

That will be the crux of my appeal

[bobbinwales]

Trouble is the court has to take the defendants word or accept what may be fake documents.... the court won't enough private detectives . Unless you have clear proof... and even that may not be enough if the debtors make's up a good story...its very difficult in my experiance

[bobbinwales]

'Court won't enough' should say 'court won't employ'

[Peter Pedant]

erm if he doesnt have the loo-lah
then you wont get the loo-lah

has not assets and a poorly paid job. You re screwed.
I got £2 a month for a debt of £200

this should be headed
I am owed £3000 and I am never gonna get the money

and we can all sort of answer 'yes'

[bobbinwales]

Having a car on holiday and pets won't persuade a judge sadly stickybottle....he don't seem to own the car and may be stuck with an agreement but it may not even be in his name...

[bobbinwales]

I typed HP not holiday!

[gulliver1]

Just forget it ,,You ain't never ever going to get your money on those terms.

[Buenchico]

As PP has effectively said, 'you can't get blood out of a stone'.

I suspect that the reason that the attachment of earnings order has been suspended is that the debtor has lost his job and is now living solely on benefits. He/she has told the court that the maximum that he/she can afford to pay you each month is just £10, probably submitting a breakdown of his income and expenditure to prove that point. No court will make an order, or leave an order in effect when a request is made to suspend it, that is simply impossible for a debtor to comply with.

[Stickybottle]

I know that the debtor is definitely still in employment

I have already spent money on an initial solicitors letter which was ignored so subsequently resorted to the SCC at an expense so far of around £280
I just find it diabolical that 26 years to repay what is owed as acceptable
As I said I will try the appeal process and see what occurs
Best not hold my breath I feel

Thanks again to you all