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Old 28-10-13, 02:33 PM   #11
Runako
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Default Re: Anyone on here evr issued a writ of fieri facias?

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.

Last edited by Runako; 28-10-13 at 02:35 PM.
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Old 28-10-13, 02:38 PM   #12
Runako
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Default Re: Anyone on here evr issued a writ of fieri facias?

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?
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Old 28-10-13, 03:17 PM   #13
tonyk
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Default Re: Anyone on here evr issued a writ of fieri facias?

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Originally Posted by MarkB852 View Post
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.
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Last edited by tonyk; 28-10-13 at 03:23 PM.
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Old 28-10-13, 07:59 PM   #14
EssexDave
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Default Re: Anyone on here evr issued a writ of fieri facias?

Mark PM sent
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Old 29-10-13, 07:30 AM   #15
MarkB852
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Default Re: Anyone on here evr issued a writ of fieri facias?

Quote:
Originally Posted by Runako View Post
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
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Old 29-10-13, 09:21 AM   #16
Runako
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Default Re: Anyone on here evr issued a writ of fieri facias?

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Originally Posted by MarkB852 View Post
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.
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