Money Claim Telephone Hearing

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    #31
    Originally posted by OS7 View Post
    rapid111111,

    You have to mention on the letter to court that you have not received the defence documents and their current address. And copy of all your documents sent to court could be sent to defendants. Likewise the defendants should send all documents to you as well. In theory, this doesnt happen, so you will have to let court know that you have not received the defendants' documents submitted to court.
    Wondering if you can help again..
    The judgement order is set for them to pay the full amount by next week, which they most likely won't.
    Do I then send a letter to the courts requesting a CCJ in their name? How does one then go onto enforcing the judgement with bailiffs?

    Comment


      #32
      Assuming the tenant doesn't pay, you complete Form N316 and pay £50.00 when you submit it.

      The tenant is required to attend a court and give details of their income and assets.
      Not attending is treated as contempt and can result in a warrant for the tenant's arrest (which no one is likely to do much about unless they become involved with the police for some other reason).

      Some notes on the process here - https://www.moneyclaimsuk.co.uk/post...forcement.aspx
      The rest of that web site is helpful - there's a link on the left of the page (on my desktop version) which takes you through all the post judgement enforcement options - which used to include an online process that seems to have vanished.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #33
        rapid111111,

        You already have a CCJ aganist them isn't it. Since they haven't paid, it is time for you to enforce it - i think there are different ways to do this. I would just get county court warrant or high court writ. Depending on their circumstances, this may not be the best. have a look at all options. A CCJ is already registered , so the defendants would carry this on their back for 6 years

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          #34
          That's right, confirmed on the registry that there is a CCJ.

          Just noticed an update on the PCOL today the 18th Nov, that there's a General Form of Application, I assume to try and set aside judgement.
          However the order stated that the latest an application to set aside could be made would be by the 30th of October. So would the application being made still be considered or ignored?

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            #35
            Noticed the defendant has submitted some documents on the PCOL, am I allowed to request to see those? Haven't been sent any copies from the defendant.

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              #36
              You should be able to see documents on PCOL. If it is N244 - general form of application then it is to set aside the CCJ or if it is N245 ( i think) it is to vary the judgement (pay by installments). don't you have view button to press.

              Even if the date has passed, the court will still want to hear what they defendants want to say. perhaps during the hearing you can point out that the date has passed - i think it will not favourable to the defendants if time has expired ( i am sure there is a legislation on this (expiry of date) on gov.uk website on setting aside CCJ)

              Comment


                #37
                https://www.justice.gov.uk/courts/pr...l/rules/part13

                (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly

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                  #38
                  OS7,

                  At first it wasn't available, then it became clickable a couple of weeks later.

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