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Off Topic. Friend not paying a debt back, any advice?



D

Deleted User X18H

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Without sounding blase, I can afford to take the hit but It sticks in my craw somewhat. I basically want him to realise the legal consequences of what he's doing. Do you know if he fails to appear at small claims court can he be arrested?
Can he be arrested for not turning up at small claims court indeed!
This smacks of fake account jollies !
By you know who ;)
 




The Clamp

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Jan 11, 2016
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I think I know this bloke. In the mid 90s didn't he put up a Property for sale in Hove without telling the resident and it all got quite ugly, went to arbitration and he made a killing whilst the family were put out onto the street? Absolute low life and it took an age for the family to get a decent permanent abode with enough room for all the kids, a proper back garden to play in etc. That after a number of years in temporary accommodation. There's some evil *******s in this world and I don't condone violence but it's poetic justice sometimes and we all have our boiling points!

Not the same guy. We're looking at a bald, 40ish bloke, small build with loads of tattoos.
 




The Clamp

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Jan 11, 2016
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Can he be arrested for not turning up at small claims court indeed!
This smacks of fake account jollies !
By you know who ;)

I beg your pardon? This bloke has spent 6 months making a lot of people's lives extremely difficult, he has a record of harassing and threatening women, is barred from areas of Brighton for doing so, he has ruined lives and terrified people along the way. So please don't accuse me of being a fake, it's not in the least appropriate.

And In fact not turning up to an information request order, or refusal to answer questions about your finances WILL land you in jail. For 28 days.
 


D

Deleted User X18H

Guest
I beg your pardon? This bloke has spent 6 months making a lot of people's lives extremely difficult, he has a record of harassing and threatening women, is barred from areas of Brighton for doing so, he has ruined lives and terrified people along the way. So please don't accuse me of being a fake, it's not in the least appropriate.
Ok but surely you are aware no-one can be arrested do falling to turn up at small claims court . You cannot be arrested or serve a prison sentence for debt of any kind except to HMRC and your local council . It's rather naive to think this could happen . The small claims process will make a judgement but it will be more than a smack on the wrist I am afraid . You can't event make him bankrupt !
 




The Clamp

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Jan 11, 2016
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Ok but surely you are aware no-one can be arrested do falling to turn up at small claims court . You cannot be arrested or serve a prison sentence for debt of any kind except to HMRC and your local council . It's rather naive to think this could happen . The small claims process will make a judgement but it will be more than a smack on the wrist I am afraid . You can't event make him bankrupt !

Yes, if you are requires to turn up to answer an information request order and you fail to attend a warrant will be issued for your arrest. A few steps have to be gone through to get to that point but that is how it works. Believe me I looked into every single nuance of the process in doing this. As it turns out he paid up so it's a moot point for me but not for the dozens of people he still owes thousands to.
As an aside he does owe thousands In Council Tax so he's screwed either way. Plus I doubt he's ever declared a penny of his conned income.
 








D

Deleted User X18H

Guest
I'm fairly confident that's incorrect.

Ok . What private or commercial debt (consumer credit act) apart from being fraudulent obtained becomes a criminal matter? One that necessitate's arrest .
 


Triggaaar

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Oct 24, 2005
50,253
Goldstone
Ok . What private or commercial debt (consumer credit act) apart from being fraudulent obtained becomes a criminal matter? One that necessitate's arrest .
If someone wins a court case against you and you owe them £500k, but you've sold your home and put your money in a bank account abroad and say you don't have any money, they're going to know you're lying as you've just sold your home. I believe you can go to prison for that.
 


Herr Tubthumper

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Jul 11, 2003
60,084
The Fatherland
I think I know this bloke. In the mid 90s didn't he put up a Property for sale in Hove without telling the resident and it all got quite ugly, went to arbitration and he made a killing whilst the family were put out onto the street? Absolute low life and it took an age for the family to get a decent permanent abode with enough room for all the kids, a proper back garden to play in etc. That after a number of years in temporary accommodation. There's some evil *******s in this world and I don't condone violence but it's poetic justice sometimes and we all have our boiling points!

Are his initials MP?
 




Herr Tubthumper

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Jul 11, 2003
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The Fatherland
If someone wins a court case against you and you owe them £500k, but you've sold your home and put your money in a bank account abroad and say you don't have any money, they're going to know you're lying as you've just sold your home. I believe you can go to prison for that.

Correct, it would be contempt of court.
 


The Clamp

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Ok . What private or commercial debt (consumer credit act) apart from being fraudulent obtained becomes a criminal matter? One that necessitate's arrest .

If you are issued with a court order to obtain information, it's very important that you go to the hearing and answer the questions you are asked. If you don't turn up and don't have a good reason why, or you don't answer the questions, you can be sent to prison.

From the CAB site. Yes, you have to have gone through a few hoops and judgements but this is where it will end up if they refuse to pay up or if they renege on a repayment agreement. Which most do.

https://www.citizensadvice.org.uk/d...itor-can-get-information-about-your-finances/
 






D

Deleted User X18H

Guest
If you are issued with a court order to obtain information, it's very important that you go to the hearing and answer the questions you are asked. If you don't turn up and don't have a good reason why, or you don't answer the questions, you can be sent to prison.

From the CAB site. Yes, you have to have gone through a few hoops and judgements but this is where it will end up if they refuse to pay up or if they renege on a repayment agreement. Which most do.

https://www.citizensadvice.org.uk/d...itor-can-get-information-about-your-finances/

That's a totally different aspect . To get to that stage you will have to re-apply to the court and pay handsomely for the privilege. Of course anyone lying under oath will commit perjury and of course go to prison. But if you take this course of action and its proven your friend hasn't a pot to piss in you're struck out - and it's game over.
 


The Clamp

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That's a totally different aspect . To get to that stage you will have to re-apply to the court and pay handsomely for the privilege. Of course anyone lying under oath will commit perjury and of course go to prison. But if you take this course of action and its proven your friend hasn't a pot to piss in you're struck out - and it's game over.

It's all part of the same process, it's just following it right through to it's conclusion. It's very rare but debt can land you in prison. Very rarely in the UK though I'll certainly concede that.
 


The Clamp

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The trouble he'll have is he's being taken to court by others, he claims he has no money to pay them yet he's just paid me. That could land him in a lot of trouble I would think?
 


AlastairWatts

Active member
Nov 1, 2009
500
High Wycombe
Please, take him through the county court, then when you have the judgement post his name (is there only one ?) on here. That way it will be a matter of fact and certainly not libellous. And, whilst you almost certainly won't get your money back at the same time you'll wreck his credit rating. That's a tiny bit of revenge!
 








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