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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Awwlookatmybabyspider · 26/09/2018 19:56

Fur. He'd probably love that. That way he'd have a very strong case against op.
Imagine a good solicitor with that one.
My client offered to pay £100 pcm to Mrs Jones (had to caLl op something.). She refused and sent a few heads around to threaten him.

furandchandeliers · 26/09/2018 20:01

Well there's no way he could prove it and I think you underestimate how many people wouldn't tell the police.

My ex owed me thousands and Dh made him pay me 300 a month for years, he never had to lay a finger on him or even say a cross word, but ex knows who Dh is and wouldn't want to get on the wrong side of him.

I know what this all sounds like Grin but some people only understand this kind of behaviour.

Dungeondragon15 · 27/09/2018 11:14

We got to the point where we almost didn't care if we got paid we just wanted him to have a lot of agro.

I would feel like that too. Few people want bailiff visits and very few want to risk bankruptcy so whether or not I would get all my money back I would go for either of those options as he deserves as much aggro as possible. I would even do it if it ended up costing me, within reason. I would only not bother if I was pretty sure that he had nothings to lose and wouldn't care.

Dungeondragon15 · 27/09/2018 11:18

Essentially if he is not a home owner or has any real assets, or real disposable income he would be discharged after 12 months (albeit with a ruined credit file for the next 6years), but will not have to pay a penny back, and then the debt is written off forever.

He's self employed though so may effect his business. It would also probably prevent him get a mortgage or any other loan for a few years.

cathf · 27/09/2018 11:48

Dungeon, I felt like that too, but in the end common sense prevailed and I decided not to spend any more money on it. I was already £4000 out of pocket for the unpaid bill, plus the cost of the court case and I just took the pragmatic view that I didn't want to waste any more of my money on the woman. She was clearly teetering on the edge of bankruptcy anyway, so probably had enough aggro from others without me spending more.

Freezingbum · 27/09/2018 18:21

Would only effect his business if he is a company director - you can’t be one and be bankrupt.

And yes he won’t be able to get a mortgage, loan etc for 6 years. But after that his credit file will be squeaky clean and he may not have to pay ANY thing back in the bankruptcy (it’s more likely he wouldn’t)

Meaning it’s only really a method of punishment not a way to recover what’s owed

Dungeondragon15 · 28/09/2018 11:02

And yes he won’t be able to get a mortgage, loan etc for 6 years. But after that his credit file will be squeaky clean and he may not have to pay ANY thing back in the bankruptcy (it’s more likely he wouldn’t)

Some mortgage lenders still ask if you have ever been made bankrupt. I know mine did. It doesn't necessarily just effect you if you are a director either.
He may not feel that he has anything to lose by being made bankrupt but if he is not actually in debt to anyone else it would not be something most people would want to happen. The threat may be enough to make him pay OP.

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