Has anyone experienced situation where debtor has lied in court?

by Readers Question

10:46 AM, 22nd February 2015
About 6 years ago

Has anyone experienced situation where debtor has lied in court?

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Has anyone experienced situation where debtor has lied in court?

I recently applied for a debtor with 4 months rent arrears to go to court to provide evidence of finances. It was not possible to serve paperwork at the address she gave at the Small Claims Court as the bailiffs were told she had moved. However, the address she gave at the court hearing was this same address and although her parents house, she said she was living in private unfurnished accommodation. Has anyone experienced situation where debtor has lied in court?

As well as this she declared having no assets, yet on social media it appears that she runs a car and is working more than the hours stated in court.

I would be interested to know if anyone has experienced a situation where a person with an unpaid CCJ a has been asked to go to court to show evidence of finances but has lied in court about their assets and their address?

The person in question is the Director of a card shop so I wonder if it is possible to claim the sum owed from the business if the debt is not connected and is for a private rental property?

Many thanks

Helen

Comments

John

18:11 PM, 23rd February 2015
About 6 years ago

All familiar stories, but why do we have this system in place in the UK ? How can we start to make changes ? Why is it that HMRC also fail to take high net worth individuals to court because it is expensive and drawn out (recent swiss bank accounts have been given 30 days to declare money rather than HMRC going after them).

To me the SYSTEM is broken and needs a complete rebuild. Why can't we build a strong legal system which takes action against the bad people in society ?

Any legal people out there wanting to explain the current status quo ?

8:26 AM, 23rd January 2016
About 5 years ago

I am writing with an update on case above. We transferred case to Sheriffs as soon as one of the debtors had been to court. Had taken a while to trace them as her father denied she was living with him (which had been her forwarding address but was in fact where she was). Part of the debt has been paid but with constant chasing and being twice 2 months in arrears after Arrangement made. They sought to ask us to drop enforcement as their costs have now doubled which we said we would not do. On last visit a week ago refused entry to house. She is now about to give birth and claims her partner lost his job 2 months ago and they nor her parents have any money to pay. She claimed in court she takes £400 salary as Director of a shop at which her parents went bankrupt 3 years ago. On social media which is open to the public she talks of what she is buying, and the cosmetic business she runs from home (presumably difficult to get work with a CCJ?). Writ expires in 35 days and yesterday Sheriffs Office said probably not worth taking out another one. Seems wrong people in debt can say they have no money to pay and lost their job with only their word for it. Debtors recently emailed asking if they could negotiate payment outside of enforcement. Sheriffs contacted who told us if we did that we would be liable for their fees. Understand costs need to be paid but does not appear any agreement has been considered for a reduced payment. Loss of job not mentioned in the email and quite certain would have been if true. Seems as though once again these people have beaten the system and lied their way out of paying their debts. One of the parents is a local councillor and up to 16 months ago a local mayor. Not that he is the person liable but was untruthful in telling us unaware of their whereabouts when trying to contact them to serve notice to go to court. Whilst all the time also in contact on social media with them. Very frustrating.

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