Anyone on here evr issued a writ of fieri facias?

[MarkB852]

I've been recovering money off of a former 'friend' for some years now and he's finally decided that he's not going to pay any more. I have a CCJ against him and my options are:

1/ Wind up his company. Potentially expensive and I'll be a long way down the list of creditors to be paid.

2/ Writ of fieri facias. £500 to pay and then the Sheriff's men go in and recover goods to the value of plus their expenses.

3/ Forget about it and let an insufferable git off the hook.

I don't fancy any of them much but I've gone for number 2. I just wondered if anyone had any experience they could share.

Recovered money goes to upgrades on the SV and on the z750e money-pit. Sorry, I mean z750e project.

Thanks,

Mark

[Nobbylad]

Do you have any other 'friends' who might be able to help you encourage him to pay up?

[MarkB852]

Do you have any other 'friends' who might be able to help you encourage him to pay up?

Yes... But I'm not that bloke anymore (if I ever was) and I really don't need a scrotum of that magnitude on my step 8 list.

Besides, these things have a tendency to snowball.

Nope legal all the way for me.

The fantasy can be fun though!
:smt068

Mark

[Specialone]

Legally, from what little I know, option 2 sounds most sensible and less damaging financially of all the options.

[andrewsmith]

Option 2 is the best. IIRC it's only 60 notes, unless you need to petition the high court also (I'm surmising that the 500 is to do that)

sent from the shredded wheat factory

[Red Herring]

I guess it depends on how much you need to recover and how easily you can afford to write it off. I went with option 2 a few years back to recover £800 and it was a complete waste of time. They fobbed the bailiffs off with a load of baloney about it being a rented furnished property, despite my having provided them with a copy of the deeds. You might get lucky and get a company that employs people based on the size of their brain rather than their ego (no offence intended to any bailiff on here...) but don't hold your breath. I made the decision to cut my losses because quite frankly the frustration I was experiencing trying to deal with these people wasn't worth the end reward. Good luck.

[MarkB852]

I guess it depends on how much you need to recover and how easily you can afford to write it off. I went with option 2 a few years back to recover £800 and it was a complete waste of time. They fobbed the bailiffs off with a load of baloney about it being a rented furnished property, despite my having provided them with a copy of the deeds. You might get lucky and get a company that employs people based on the size of their brain rather than their ego (no offence intended to any bailiff on here...) but don't hold your breath. I made the decision to cut my losses because quite frankly the frustration I was experiencing trying to deal with these people wasn't worth the end reward. Good luck.

Hmm. I figured that might be the case. I'm owed about £5,000 and I don't really want to let go of that just yet. It's a long way down from the starting figure and actually represents part of the interest he's had to pay on the debt. Interest on debt runs at 8% IIRC.

I think I'll let the Sheriff's men prod him with a stick for a while and then re-assess.

I could put his company into liquidation but that costs about £5,000 and I'd only be doing it out of revenge.

Not that that's an easy thing to put aside of course.

Thanks,

Mark

[Red Herring]

I agree, 5k is worth getting nasty over. I seem to remember one of my options at the time was to get a charge recorded against their house (hence I went to the trouble of finding out who's name was on the deeds). You won't get the money straight away but if they ever try and sell the property it has to be cleared before the deeds can change hands. If you have a mortgage you will find the lender has one on your home. Not sure if you can still do that but might be worth exploring?

[Bibio]

it must have been a huge amount of money for 'part of the interest' to be £5k. personally if he had paid me what he owed and some interest i would be happy. after all he could have just told you to stuff it long ago. it's not often that people actually stick to paying a debt that they could quite easily not.

give the guy his life back and lift the CCJ, after all he was your friend at some point in your life.

[MarkB852]

it must have been a huge amount of money for 'part of the interest' to be £5k. personally if he had paid me what he owed and some interest i would be happy. after all he could have just told you to stuff it long ago. it's not often that people actually stick to paying a debt that they could quite easily not.

give the guy his life back and lift the CCJ, after all he was your friend at some point in your life.

No.

He betrayed my fiendship and trust and laughed while he did it.

I hope he dies a miserable death.

Thanks for your suggestion though.

Mark

[Runako]

So here is the 'reality' of the legal option. Option 2 is best but only useful if the company has any assets or continues to trade. But....

Stop one second.

Does he actually have a Company (i.e. incorporated Limited Company registered with Companies House) or just a business with a trading name? If its the latter then the CCJ will be in his name. If its the former, the CCJ is in the name of the company and my initial advice applies.

Red mentioned the Bailiff's being a waste of time. Are you in England? If so, you have the choice of the County Court or High Court bailiff. The second are more expensive but far more pernicious when recovering a debt. In either case (e.g. personal debt or company debt), you need some re-assurance that the debt can be re-paid otherwise its a lot of hassle for nothing.

If it is a personal debt and he refuses - and has no visible assets to speak of - you can apply for Bankruptcy and at the very least get some money back (assuming he's working) during the period of the Bankruptcy.

[Runako]

And by the way.

YOU MUST PAY YOUR DEBTS - especially to friends and family members. And in this regard I have a very simple rule. I don't lend what I cannot afford to lose and I don't do business with friends and family because in my experience it NEVER works.

Sorry, not much help to your situation now but it ****es me off that people think someone's doing you a favour by paying back what is rightfully owed. If that was the case, why did they need the money in the first place?

[tonyk]

No.

He betrayed my fiendship and trust and laughed while he did it.

I hope he dies a miserable death.

Thanks for your suggestion though.

Mark

Mark don't right it off, I know it's silly to carry on for years to get you money back but it will teach him you are not a fool and he has to pay........
A so called friend took 5 years to pay me £1000 , £10 here and there and it was funny popping to his house, having tea saying hello to the wife and kids and saying can I have my money back ?!...I forgot how many times I went...but I did get it all back, you know right at the end I told him if he's really that hard up I would have rote it off, hard up ?. New house and shop yea right.....
Imom I did right.

[EssexDave]

Mark PM sent

[MarkB852]

So here is the 'reality' of the legal option. Option 2 is best but only useful if the company has any assets or continues to trade. But....

Stop one second.

Does he actually have a Company (i.e. incorporated Limited Company registered with Companies House) or just a business with a trading name? If its the latter then the CCJ will be in his name. If its the former, the CCJ is in the name of the company and my initial advice applies.

Red mentioned the Bailiff's being a waste of time. Are you in England? If so, you have the choice of the County Court or High Court bailiff. The second are more expensive but far more pernicious when recovering a debt. In either case (e.g. personal debt or company debt), you need some re-assurance that the debt can be re-paid otherwise its a lot of hassle for nothing.

If it is a personal debt and he refuses - and has no visible assets to speak of - you can apply for Bankruptcy and at the very least get some money back (assuming he's working) during the period of the Bankruptcy.

It's against his company and there are some assets. I'll be going for the High Court flavour and then see how that pans out.

Hate to say it but I may just have to walk away from it in the end.

Mark

[Runako]

It's against his company and there are some assets. I'll be going for the High Court flavour and then see how that pans out.

Hate to say it but I may just have to walk away from it in the end.

Mark

Its a possibility if the costs of enforcing the writ are expensive, but the initial cost shouldn't be. The only other two pieces of advice I'd give is act quickly - don't give the other person any clue that you've got Bailiffs on board - and be able to provide the Bailiffs with some evidence of assets as this will help any potential seizure. Good luck.