Debt owed to me.

[Redfalcon]

I lent a friend money£5,800 to be exact,we had a verbal agreement in front of her solicitor who has since retired,I have copies of the cheqes written out to her,I recently took her to court,the action failed as i was under the impression by the no win no fee company that they would be speaking for me in court,when i got there the reverse was true and i was ill prepared and flustered,i was advised to employ a baliff however to collect the money by the judge,can I sell the debt on.??

[snags]

Why are you repeatedly posting this question?

[friedgreentomato]

Because Snags each time they do it changes slightly!

[factor-fiction]

Hello again- it gets confusing when you have 3 different threads on the same topic. If you want to add information you can do this by posting an answer to your own question.
If there is no paperwork, one action failed and the solicitor won't act as a witness now then i think it's unlikely anyone would buy the debt off you. If they did I doubt you'd get more than £500 given the low chances of recovery.
Even if you win a case recovering money is difficult- some just refuse to pay or plead poverty or dispose of their assets to a friend

[Redfalcon]

Thankyou for your answers,sorry about the multiple questions on the same subject,someone kicked out the power plug by accident and had to re-send.
To the person that said I could get as little as £500,believe me that would be welcome at the moment,am 70 years old and have all my marbles.Thankyou all for your replies.:)

[bednobs]

i don't understand how you can sell a debt, when there is no proof it even exists. You did not win your action, therefore the judge did not believe you

[jomifl]

There will be a bank record of the amounts paid out and in so there should be evidence of the debt.

[DTCwordfan]

the solicitor is also a witness and,in front of him, a verbal contract is more binding than a written one, assuming that he is not in a box six feet under or gaga.

[bednobs]

if it's so obvious that it IS even a debt, why didn't the OP "win" at court?

[EDDIE51]

This is complicated .
First, to even get legally valid proof of the debt you need to get the solicitor to swear and sign a document that the loan was made.
Then you need to go to the county court and get a judgement for payment.
Once you have that you have to give them time to pay. If they don't pay you then have to employ a bailiff to collect the debt.
If they don't have the cash to pay and no asetts that can be seized there is nothing you can do. Remember that to collect £5800 the baliffs will need to collect assets to the value of at least £50,000 as the property can only be sold for around 10% of the purchase price. You can not seize their home if it is the only place they have to live, you can not seize 'essential' items like a cooker , or basic furniture, even a car can not be seized if they can prove that it is 'essential'
Sorry to be so negative but you really have very little chance of ever seeing this cash again.
The no win no fee solicitors that you employed should never have given you the impression that they would speak for you in court.
I do not think you can 'sell' the debt and even if you can there must be proof that the debit exists , which there is not at present.
What actually happened in court ? If you lost the action then the debit has been legally written off . If the case was just dropped you may be able to bring it again. Please tell us what actually happened in court. As I said IF the case was bought and lost then that is the end of it you have lost it for ever and there is no way to get the cash.

[themas]

Just to add to Eddie's excellent reply. I don't understand how the judge could have told you to use a bailiff if your case was lost. It is just not possible - you must have a County Court Judgement before being able to use a bailiff. Are you sure you were told this?