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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to decline £100 per month (small claims court)

82 replies

londonroad · 26/09/2018 11:11

I was sold a dodgy car by a private seller and took him to small claims court which went in my favor. I had to then take him back to court to get a statement about his income etc, as he didn't make any repayments.

He owes me nearly £4000. He has lied on examination (stated he lives alone etc, when i know for a fact he lives with a partner who works)
but officially he has stated his income is £350 per week, and that his outgoings are £2300 per month (clearly this does not add up).
He states he owns a mobile, tv, white goods and a car worth £600.

He has offered to pay me back via direct debit £100 a month.

AIBU to be swaying towards declining this offer?

My other options are bailiffs or freezing his bank account. He says he is self employed so I cannot order deduction of wages.

OP posts:
FiveShelties · 26/09/2018 11:14

Do you think he will pay the 100 a month? It is definitely not ideal but may be better to get that than nothing. If he has no assets then nothing for the bailiffs to take.

Original poster
londonroad · 26/09/2018 11:16

I think (hope) he would as he should have now realised I am not going to let this go!

It is just that it would take him nearly 4 years to pay me back Hmm

OP posts:
Dungeondragon15 · 26/09/2018 11:20

You shouldn't have to wait 4 years. He has probably bought another car with the money you gave him so he can sell that. Ask for £2,000 as a downpayment and then £150 per month.

tickingthebox · 26/09/2018 11:23

I ended up accepting £1 a month on a £370 debt as the person had to go IVA (a step before bankruptcy).... this is a balance of forcing him to pay vs. ending up with nothing.

I would be suggesting 1 year to pay - so £333 per month. Stretching it over 4 years is no good as definitely won't pay for that long. Or send in the bailiffs and take a chance. Might be best.

RedneckStumpy · 26/09/2018 11:24

Are you confident he isn’t just going to disappear on you?

What was wrong with the car he sold you?

Awwlookatmybabyspider · 26/09/2018 11:24

His wife could be earing 3k pw but That's irrelevant. It's not her who owes you.

Nightwatch999 · 26/09/2018 11:27

You can get the court Bailiffs to intervene and sell his assets, also HMRC can prove his income.

Dungeondragon15 · 26/09/2018 11:27

His wife could be earing 3k pw but That's irrelevant. It's not her who owes you.

It's not irrelevant as it means he has a way of paying if he can persuade her to lend him the money. She may want to do that if she would prefer her DH not to have a county court judgement against him.

Original poster
londonroad · 26/09/2018 11:28

awwlookatmybabyspider - his working partner living with him is relevant because she will be liable to pay a share of their bills - thus reducing the outgoings he has stated he has sole responsibility for.

OP posts:
Awwlookatmybabyspider · 26/09/2018 11:35

Why is she liable though. She didn't sell your the dodgy carConfused

FruitofAutumn · 26/09/2018 11:36

well good luck with it. I was readinb that over 50% of £ awarded in small claims is never received.

i think taking the £100 per month is your best bet.He will pre-empt your actions and put his assets in his wife's name and have her hold on to his money for him.

Dungeondragon15 · 26/09/2018 11:38

Why is she liable though. She didn't sell your the dodgy car

She isn't legally liable but considering that it will probably effect her if this debt isn't paid off there is a good chance that she will help to pay it. Also as another poster has said, his outgoing are less if he lives with someone so he lied about that.

Defrack · 26/09/2018 11:40

I would ask for 1k deposit and then tell him 200 a month payment.

FiveShelties · 26/09/2018 11:40

What happens to the bailiffs' costs if he has nothing? So annoying for you and I would be tempted to send the bailiffs in myself, but not if it is chasing good money after bad.

Defrack · 26/09/2018 11:41

Because then in a year you would have 3k paid off and then that means it's 1 and a half year for the debt to be paid off.

TinklyLittleLaugh · 26/09/2018 11:41

Nah I would want it all in one go. He had no scruples about selling you a dodgy car (dishonest and bloody dangerous), why the hell should you be expected to have scruples about calling the bailiffs in on him? I suspect that if you play hardball he'll suddenly find the cash.

HeckyPeck · 26/09/2018 11:41

If go for bailiffs. They can sieze how car and any other assets.

You might not get all your money back but at least it will be a nuisance for him.

Have you got any proof he lives with a partner? Lying to a court is a serious offence. If his partner is registered there for rent/bills/wherever she works there’ll be a paper trail. I’d find out how to report him for lying in court too.

DarlingNikita · 26/09/2018 11:41

Being paid back so slowly would be frustrating, I think, plus I might be worried that I wasn't going to get any or some of the money.

What result would freezing his bank account have? Maybe go for that if it'd be more effective?

ItsAllGoingToBeFine · 26/09/2018 11:43

Which do you need more? Money back or for him to be punished?

HeckyPeck · 26/09/2018 11:48

A person who lies in court is very unlikely to bother sticking to any agreement unless you force his hand.

WindDoesNotBreakTheBendyTree · 26/09/2018 11:52

£100 per month is clearly disproportionately small to the debt.
Assuming OP can't afford to write off £4k/buy another car I think I wouldn't accept it. I'd send the bailiffs in tbh. How would freezing bank account get you the money?

kaitlinktm · 26/09/2018 11:52

I wouldn't mind betting that you only get a handful of payments before they stop. This happened to my son for a similar amount and he never saw a penny. Sending in the bailiffs didn't help as they have to give notice and the debtor just emptied his premises and cleared off - they never even found him. Odd that nobody knew where he lived - they aren't allowed to go to relatives' homes and ask them.

The bank [redacted] were spectacularly unhelpful.

You might be better off as you know his home address and it would be more difficult for him to disappear completely.

Post edited by MNHQ

DarlingNikita · 26/09/2018 12:02

A person who lies in court is very unlikely to bother sticking to any agreement unless you force his hand.

Yes, agree.

CloudPop · 26/09/2018 12:04

He'll stop paying monthly well before he's given your 4K back

Original poster
londonroad · 26/09/2018 12:13

I could get an order for his bank to freeze his account on a certain date each month and transfer a certain amount to me. I'm not 100% on all the details.
Problem with bailiffs is they can't take his white goods, most furniture or mobile. He says his car is only worth £600. He is a compulsive liar so I don't know what to believe but by the look of his statement he has googled how to avoid bailiffs taking his property and knows what they can and can't take.
I don't even know if I can believe he is self employed - I found out where he worked several months ago as a carer. I don't know how I'd go about finding out where he works now/if he really is self employed/if he's lied about having no partner living with him (I met her and she is also on the electoral roll at their address) .

I definitely would like to be a nuisance to him because he sold me a dangerous unroadworthy car which he knew I would be putting my children and dogs in. He is basically a sociopath.

OP posts: