Will I ever get my money back?

[Lockcodger]

Firstly, I realise what an idiot I've been and have well and truly learned my lesson but this guy was an excellent conman and hooked me with his sob story.

I loaned my ex partner £3k and he signed an agreement to pay me back in monthly installments over the next 12 months. He made excuses every month about why he couldn't pay this money and he'll start paying soon (I cringe so much when I think about this now). We broke up in March and to cut a long story short, he moved out and I have no idea where he is now living although I think his mail is being redirected from my address to wherever he is staying so I believe he is getting the documents sent to him. He wont respond to my emails requesting the payments and has changed his number.

I started a claim online with small claims and he did not respond so I won by default. The order said he had to make the first payment by 30th May which he didn't make. I then requested a CCJ to be issued.

Which would be the best way to enforce the order? It says you need to know their current address to apply but I dont know where he is (previous known address is mine). Can I serve the order to my address in the hope it will be redirected.

He has no assets I'm aware of other than a car on finance which I think is worth about 8k minimum and he is more than half way through paying. I'm not sure if he has a job and he might just quit it if I ask for an attachment of earnings. He can do things cash in hand and I'm starting to realise how dodgy he is and involved in crime so can easily get by without a legitimate job.

I was thinking about applying for the order where they have to go to court to prove their income as I know he wont turn up and would be arrested (the only chance of justice I have really).

Is there any point in enforcing the order or am I just throwing good money after bad?

I'm so hurt that I have been so stupid and I really want to get this wanker to pay what he owes or at least make his life miserable for a while. Please help me MNers!!

I am answering this only because it hasn't been responded to, and this will bump it back up. This is a bummer for you, and really, as far as I can see, you did the right things. Your only 'mistake' was to trust someone who wasn't worthy of it You had it in writing, you've got the settlement, but in your case it seems worthless as he has gone AWOL. Had it been for a higher amount, I might have suggested a private investigator to track him down, but it sounds like you might be throwing good money after bad. Do you have any recourse to DVLA records if you knew the reg no of the car? I'm thinking address of registered keeper, but this would also assume he had kept up to date with that. I don't know about the Order you mention, but did the CCJ get issued? Maybe it comes down to how much you want/can pursue it/how much more money you are prepared to throw at it? Eg would you be prepared to pursue it more as a matter of principle, or would you be better letting it go? whilst burning an effigy of twat man Disclaimer: No legal knowledge, just an extensive knowledge of dealing with twat exes.

I don’t think the car can be seized if it’s on finance to a finance company. Different if he paid with a bank loan which is unsecured on the car.
Disclaimer: my knowledge of bailiffs comes from Can’t Pay, We’ll Take It Away but that does come up time and again when they’re looking for assets to seize.

I've semi been there. He was an arse of the highest order but it was less money and although I initially tried to pursue it, I didn't have a forwarding address for him so couldn't do anything (this was circa 15 years ago). In the end I gave up - for my sanity and so I could move on. He lied and cheated his way across the country, using women and children for their money it transpired (never forget when the woman he cheated on me with phoned me one day to see if my accusations were really true after she found him stealing her little boys pocket money).

Can you give CAB a call and see what they suggest? Seriously consider your emotional wellbeing in this though.

Thankyou everyone for not judging me too harshly. Yes I have his licence number but I had baliffs turning up recently at my address to seize the car so I think he has left it registered at my address.

I'm sure I read somewhere that if they owe less than 50% on the finance then you can seize it as an asset but I'm unsure if he even still has the car and whether this is true.

I guess I want to pursue him out of principle but already being 3k down plus the £180 court fee, I dont want to keep throwing money at it but if he got arrested that would be a little bit of justice. I also want to make him sweat abit with all of this so he thinks twice about doing it to another woman.

He sounds very similar to your ex, targeting single mothers up and down the country and using them to fund his lifestyle (whilst cheating, being abusive and a general twatmuffin). He also stole my sons phone which I reported to the police but I think he only got a caution and again I'm out of pocket paying £75 excess to have it replaced by my insurance. I wish these arseholes could go on some sort of register to protect other women as I know he'll do it again.

I reached out to a female friend of his last night who I found out he also owes money to (he dialled her number from the stolen phone) and she has agreed to help me find his current address so I guess that's a start.

I contacted the CAB and they gave me the list of enforcement options but they cant help me choose which would be the best one to go for (I'll list them later). I'm not sure what's happening with the CCJ as I applied online and it just shows that I applied but no further information.

The judgment in my favour isn't worth the paper it's written on as it's so difficult to enforce and he'll just keep running. He's not scared of the law

Here's the CAB advice

There are six methods which can be used to enforce a county court judgment. Not all methods are suitable for enforcement by someone acting in person without legal representation, which will, of course, involve additional costs. The costs of enforcement will only be recovered by the creditor if enforcement is successful, and, if the creditor is acting in person, s/he is entitled to recover only the court fee.

Each method of enforcement requires the creditor to know at the very least the address of the debtor. Each method of enforcement may take a considerable amount of time.

warrant of control, aimed at the debtor's goods

attachment of earnings, aimed at a debtor's earnings

third party debt orders, aimed usually at money that the debtor holds in a bank or building society

receiver by way of equitable execution, aimed at certain aspects of a debtor's income

charging order, aimed at a debtor's property

making the debtor bankrupt, aimed at any assets owned by the debtor

Each method of enforcing a judgment is aimed at a different aspect of the debtor's financial resources. It is therefore important for a creditor to know about the debtor's financial circumstances before deciding which method of enforcement to pursue.

In order to find out about a debtor's financial circumstances, the creditor can apply to the court for an order to obtain information. This means that the debtor has to appear before the court so that they can be asked questions, on oath, about their ability to pay the judgment debt. If they fail to attend court, or refuses to answer questions or take the oath, they can be sent to prison. Once questioning has taken place, a creditor may know which enforcement method is most likely to succeed or whether it is worth pursuing the case. Applying for an order to obtain information may persuade the debtor that the creditor is serious about pursuing the claim and may encourage them to pay, if they can.

The creditor should apply to the court where the judgment or order was first made.

However, where a judgment has been made in respect of a money claim issued at the County Court Money Claims Centre in Northampton County Court, the creditor should apply to the court where the debtor resides or carries on business.

To apply for an order to obtain information, the creditor must complete form N316. There is a fee

I'm thinking if I apply for an order to obtain information, if he shows up I know which option to go for, I'd he doesnt then he gets arrested.

If he is still getting his mail redirected from my home address (which I have a letter from the post office to prove it ends in july) would my address be legally classed as his address?

I'm starting to think the letter I received ordering him to pay in May was the CCJ