Post by TTmanPost by Simon ParkerPost by TTmanMy friend has asked me to ask here " is it worth pursuing by way of N316"
My best guess is yes, given the debtor's undoubted propensity for
lying to the court at every opportunity.e.g. From his web page, he
shows every installation. Over the last 4 months, he has an average
install of 20 per month. At £3 to 4k average, that's a lot of
turnover. In his Warrant,he claims that his turnover for the next 4
months is £28k ! He claims his income is £16k per anum.
If you can *prove*, (and I mean prove in a court of law, not allege -
so you need evidence, not conjecture), that he has not completed the
N245 truthfully that would be a very serious issue.
(see my other reply to you). I'm certain my friend can prove his income
is grossly underestimated.However, there is a subtle difference betwen
turnover and salary drawn...
It is expected that the N245 is completed accurately and truthfully. As
you can demonstrate without question that this has not happened, (by
virtue of the undeclared £7K uncovered by the TPDO without evidencing
your other suspicions), I expect the court would look favourably upon an
application to serve an N316 requesting evidence for the claimed figures
as previously advised.
Failing that, an application for evidence to support the figures claimed
on the N245 (similar to what is expected on the N316).
Ideally, the judgment debtor would have included any and all relevant
evidence along with their N245 but it does no harm to ask the court to
order the judgment debtor to provide evidence in support of their N245
application.
Post by TTmanPost by Simon ParkerFor example, you mentioned an amount for gas despite there being no
mains gas at the premises. This is not proof of anything (other than
that the premises doesn't have mains gas and only that if you have
something to adduce to support this). It is possible that he is using
bottled gas so the fact it has no mains gas doesn't prove that he
isn't spending £40 on gas - it may just be that he is spending it on
bottled gas. A statement from the landlord saying that there is no
tenancy would be useful or that he is not the named tenant and sub-
letting is prohibited. Similarly, a copy of the lease would be useful
if it contains a clause forbidding residing in the premises.
The landlord has confirmed to the claimant that the debtor does not
reside at the address given in the 245 and he has state he would come to
court to affirm. I would assume a headed letter confirming this would be
enough. The sole purpose of the debtor giving this false address ( in
our opinion) is to avoid the claimant ( or anyone else) discovering his
true address - we concede that a high court enforcement agent would have
little trouble given their resources...
Evidence in support of an N245 application, or in response to an N316,
would require that the tenancy agreement be adduced to support the claim
for rent being paid to a landlord. A letter from the landlord, on
official company letterheaded paper, preferably with the company seal
affixed, stating that the judgment debtor does not have a tenancy in
place to reside at the address given would strengthen the request to
serve an N316 prior to the hearing for the N245, or for further and
better evidence to be adduced in support of the N245 application.
Personally, at the forthcoming hearing I would also ask the court to
order that the judgment debtor provide an address for service and
enforcement (if different), backed by production of a Council Tax bill
and Utility bill in the judgment debtor's name.
Post by TTmanPost by Simon ParkerYou should certainly ask for an explanation as to where the £12K
difference between turnover and income is going. Similarly, if he is
averaging 20 installations per month YTD, why is it dropping so
dramatically over the next four months and will it stay at this lower
level beyond the four months or return to the current level?
Quite. I guess he thinks we're fools, along with the Judge.To be clear,
he states his annual salary is £16k. Yet he states the following 4
months t/o is 28k. My guess is his gross profit is 30-60%
I suspect he is in for a rude awakening, both from the TPDO and from the
forthcoming hearing for the his N245 application, (or possibly your N316).
Prior to that hearing, and in the absence of the judgment debtor filing
any paperwork associated with the TPDO, I would proceed with the TPDO as
a separate process and seek to obtain the £7K regardless, with the
court's permission, of course.
Post by TTmanPost by Simon ParkerI've asked in a parallel post about the money uncovered by the TPDO
and the pension and whether or not these were detailed on the N245.
The TPDO was not included. At the time, I don't think he was aware of
it, but I can't be sure. At a guess , I would think he was trying to
offer £250 per month towards the whole debt of ~£13k
As above, I would try and move the TPDO forward independent of the
hearing for the N245 application and would hope, in the circumstances,
that the court would allow this.
Post by TTmanPost by Simon ParkerIf they were not included, I would telephone the court and explain
that you believe the N245 has not been completed accurately and ask if
they will permit a N316 to be served and consolidated into the
existing hearing in December under CPR Part 3.1(h).
I'll pass that possibility onto the creditor. She has already asked if
she should do that.
Definitely. This might have just turned a civil matter into a criminal one.
Section 12 of N245 is a declaration that the judgment debtor has
provided details that are true to the best of their knowledge.
Making a knowingly false declaration to a court is a serious matter.
And someone claiming to be on the breadline "forgetting" about £6K in a
bank account is not reasonable to me, and I would expect a court to be
of a similar opinion.
Post by TTmanPost by Simon ParkerAs I'm sure you know, an N316 requires him to file evidence to support
the figures claimed, not just pluck them at random from the air. In
the absence of filing an N316, you could ask the court (when
telephoning them as above) if they will consider asking that he
evidences the figures stated on the N245 which puts you in a stronger
position and almost where you'd be with an N316.
I'll suggest that too, thx.
You're welcome. Multi-pronged approaches in cases like this can be
useful, as I've hopefully detailed.
Post by TTmanp.s. We know his average lead time from contract signing to installation
is in the order of 12 weeks.At the time he filed the 245, he had ~30+
installations in hand.That is from the 3rd October up until today. 6
weeks prior to filing the 245, he may well have had 50-60 installs in
hand- signed contracts.
I recommend bringing any and all facts you deem pertinent to the case,
and in particular the N245 application, to the attention of the court
along with supporting evidence.
Post by TTmanPost by Simon ParkerAnother angle to try: If you input the figures stated on the N245 into
a "benefits calculator" [^1], does it show that he qualifies for
benefits? If it does, has he applied for benefits and are they
included on the form? If he hasn't applied for them, why not? If
he's applied for them but not stated them on the form, why not?
Given what we think is his real income, I doubt whether he would be
minded to commit benefit fraud.There's also the question of what did he
do with the 340k proceeds from the sale of his house.
It is incumbent upon the judgment debtor to take reasonable steps to
satisfy the debt. If he qualifies for benefits and is not claiming
them, he should be asked to explain to the court why he isn't claiming
money to which he is entitled so as to permit him to discharge the debt
more quickly.
If, as is suspected, the reason for not claiming benefits is because the
claimed income bears no relation to his actual income then gentle
probing in court ought to make this clear.
Hence my recommendation to use a benefits calculator to see if the
figures on the N245 would mean he qualifies for benefits.
You are looking to evidence that he is not being truthful through the
cumulative effect of numerous incidents rather than with a single
smoking gun.
Post by TTmanI think the posts on FB detailing every install and the date/location of
the install will be totally to the creditors favour. All that money must
be going somewhere....
As previously suggested, I recommend taking screenshots of these posts
sooner rather than later.
Post by TTmanI wish to offer my thanks for your valuable input here.( and others)
The newsgroup appears to be fulfilling a key purpose for which it was
setup. :-)
Post by TTmanPPS I sued him back in 2020 for breach of contract and won hands down.
He shot himself with his never ending lies. The Judge slated him for not
having a contact address on his contract form as it was an 'out of
office' contract. That alone, the judge told him, was an absolute breach
of contract on its own. I didn't know that at the time.
Jon Ribbens has covered this excellently in his replies to this specific
point and I have nothing useful to add to what he has said.
Regards
S.P.