[Rachel1975]

Please can someone help? I loaned an ex friend £10,000 some time ago and even had a document drawn up by a solicitor stating that the money was borrowed and that it would be paid back in monthly installments until cleared. The ex friend still owes the sum of £6,000 which I have proved with bank statements what she has paid and what's left to pay. I have taken it to a small claims court as the ex friend won't see reason and pay me what's owed. She has now come back with an offer to pay me £2,000, £100pm for twenty months. I have not agreed to this and she has now said she is going to declare bankruptcy. My question is, am I still able to pursue this ex friend for what she owes me even if she declares bankruptcy? I'm not a company but was a personal friend to this person and was wondering if this would make a difference or not. This person is working and probably earns a reasonable salary. Not sure if she is just calling my bluff to make me agree to her offer. Would appreciate any positive feedback. Many thanks.

[Curlyben]

Honestly, quite mucking about and issue a claim against them through the courts.
Should they declare bankruptcy you will not recover the entirety of the debt.
Least a successful small claim there are ways to secure a debt, even against bankruptcy.

[Rachel1975]

Honestly, quite mucking about and issue a claim against them through the courts.
Should they declare bankruptcy you will not recover the entirety of the debt.
Least a successful small claim there are ways to secure a debt, even against bankruptcy.

How can I secure the debt so the ex friend is unable to put it in with her bankruptcy?

[Curlyben]

Assuming you act fast enough and you win, you can employ the services of the High court Enforcement Officers, i.e. Bailiffs.
Or even utilise a charging order, which secures the debt against property they own.

[Rachel1975]

Assuming you act fast enough and you win, you can employ the services of the High court Enforcement Officers, ie Bailiffs.
Or even utilise a charging order, which secures the debt against property they own.

Unfortunately they are a council tenant and do not have any equity. The court has given me options and it seems that attachment of earnings is my best option but if she declares bankruptcy, she gets away with not paying me back my £6,000 :/

[Curlyben]

That being the case I'd go with Bailiffs.
Heartless possibly, but sometimes that type of shock is needed to show you mean business.

HEO's do more than simply removing goods, they can also advise on your best course of action or make alternative payment arrangements.

[Rachel1975]

I don't think it's heartless after what she's put me through. You bend over backwards to help people out who portray to be your friend and then they go and throw everything back in your face. Thanks for the tips anyway

[Curlyben]

Have a chat with the courts on utilising this service.
There's a small(ish) charge for enforcement action.

[Rachel1975]

I've already paid the court fee. The court was just waiting to hear back from the ex friend as a judgement had been made but she/ the defendant hasn't been in touch or paid. I feel like I'm at a dead end now