I received an order vary document from the court.

Sorry for the delay in replying but we have had some network problems today.

You should attend court on the debtor's aplication to vary to ensure he produces proper evidence of his means to the district judge.

I agree that in all probability he will get his order.

You could try an attachment of earnings order if he is working but again there will a level of protected earnings.

You do seem to have a charging order on property owned by the debtor. You could apply for an order for sale which would enable you to sell the property. However you say that there are 2 charges ahead of you. You would only be able to sell the property if there were sufficient proceeds to pay off those prior charges. Only then would you get your share. It may also be difficult to obtain an order for sale from the judge since there may be other people living in the house - the judge may take their interests into account.

The Ministry of Justice last week announced a consultation process on whether there should be a minimum amount of debt due on consumer credit debts before the court could make an order for sale. I appreciate your debt is not in this category but it is indicative of the way the authorities are now viewing orders for sale in these circumstances.

Sorry I cannot offer more hope.

Your reply Thank you for replying and you have understood my predicament. A few points I need to answer 1. I cannot request an attachment of earning order as the deptor is self employed. In addition I am sure he is not declaring his true income which I dont want to alledge in court as It will be very difficult to prove. 2. The courts will not force a sale of his property as there are a number of people such his siblings currently residing in his property. Is there a way to make him sell his property such as a forced bankruptcy 3. You suggested that the deptor should provide 'proper evidence of means?' what would that include? 4. the most important point if the court agrees to the small amount proposed by the deptor, it may take so long to pay off the money that I may not see most of my money. Is there a way to appeal the amount agreed by the court. 5. What would you do in such a situation as I cannot afford to pay the legal fees which have cost me alot thus far

1. There is a procedure by which you can bring a debtor to court to cross examine him as to his means. The form for this is N316. If the debtor fails to attend he will be in contempt and in theory can be committed to prison. You would be able to put questions to him. He would have to produce documentary evidence of assets and liabilities.I agree however that a person determined to lie could not be found out unless you had the evidence to refute him.

2. The evidence of means is as stated above his accounts ,tax returns etc.

3. You could make him bankrupt by serving a statutory demand and thereafter issuing a bankruptcy petition if he did not respond. All his assets would pass enentually to a trustee in bankruptcy with a view to sale and paying off the debts. I do not think a court would order a sale even for the trustee while there are children living in the house.

4. Unless there was new evidence the court is unlikely to vary the order once made.

5. As he is self employed bankruptcy would cause the debtor problems. I would serve a statutory demand on him to see how he re-acts.

Again I must thank you for your input.

With regards to the N316, would this mean the deptor has to attend court and needs to submit evidence pertaining to his accounts? Although this would be a logical next step, the deptor could easily massage his accounts as hee is self employed so I may have to consider if its worth while.

With regards to the statutory demand. Can I request a statutory demand after the court has agreed on the original vary order as this would mean the deptor is willing/has to make Regular payments. ?
Once again thanks for your help

The debtor would have to attend court and produce his accounts failing which he would be in contempt. However I agree that the full picture could be concealed.

You do not have to apply for a statutory demand .The form just has to filled in correctly and served. Technically bankruptcy is not a form of debt collecting. Therefore the fact that there is an order for payment makes no difference. I have assumed by the way that you are owed at least a four figure sum.

thanks again.

With regards to the charge, one key point is that the property is jointly owned (deptor and spouse)however, the dept is for both parties i.e the spouse and the deptor.

You are correct in that the amount in question does exceed 4 figures.

If I was to file for statutory demand and then petition for bankruptcy, what advantage would I have if the bankruptcy is not a form of dept collecting?

I still think that you will have difficulty in persuading  a judge to order a sale when there are children living in the house.

I would not really expect you to make this man bankrupt.The plan is really to frighten him with a stat. demand into paying up or increasing his offer.

I rejected the offer as I was not satisfied with the amount the defendant was willing to pay per month to pay off the dept. subsequently I went to a hearing and the judge gave an order of the amount requested by the defendant . I informed the judge I was not happy with the small amount and the judge wants another hearing in 6 months time to see if there  is any improvement in the defendants financial situation.

I am not really surprised at this result but at least the judge is prepared to review the order in 6 months time.

I am in court tomorrow to cross examine a debtor. I expect him to lie. It will be my task to trip him up. I do not expect to get much out of him however. That is the system.