Registering a judgment - CCJ

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Registering a judgment - CCJ

    Can someone tell me how you go about getting a judgment registered against someone? What are the criteria - that they haven't coughed up? That they are late coughing up? Is there a delay in how long you have to wait before you can apply for it to be registered?
    Information gratefully received, thanks.

  • #2
    You issue a county court summons using claim form N1 available online at www.courtservice.gov.uk

    The court sends it to the defendant who has up to 28 days to file a defence - if they do nothing you can ask for judgment in default. If they file a defence, then there is a trial (hearing) of the issues and a judge makes a decision.

    Fees are payable throughout for issue of the summons, and subsequent enforcement

    Comment


    • #3
      You need to complete court form N1 and also send a particulars of claim which states your claim. The defendant has 28 days from when the court serve the papers on them to either admit or defend the claim.

      If they admit the claim they will generally offer to pay by installments which you can either agree or disagree to. If they the defend the claim it will generally be allocated to a small claims track if your claim is for less than £5000 and a judge will then decide if you have a valid claim. If they ignore the papers and do nothing you can ask the court to enter judgement by default.

      Comment


      • #4
        Maybe I haven't quite worded this right, I'm after information on the REGISTERED bit. The court case has happened, judgment has been given, defendant has been ordered to pay.
        1. Is there anything specific you need to do to register that a judgment was made against the defendant or does it just go on their record automatically, or

        2. do they have to do something ELSE naughty like not pay before the judgment can be registered, and

        3. if that's the case does the claimant have to do something to get it registered or does it happen automatically?

        Scenario one: defendant pays by installments and pays on time, albeit at a silly amount which won't be paid off for years. Does the fact that there is still an amount outstanding against him mean that he has a CCJ?
        Scenario two: defendant doesn't pay up on time so there is an arrears on the debt. Does the claimant have to do something specific to get the debt registered? Is there a time limit where defendant has some leeway to pay up before claimant can apply for judgment to be registered?
        Scenario three: defendant pays amount in full, does the fact that they had a judgment against them get registered?

        Comment


        • #5
          Clarity is required

          Excuse me, please will you clarify what your case consisted of:
          1. Was it to seek possession of your property and the judge happened to put on record that the defendant was ordered to pay outstanding rent? OR
          2. Was it to seek payment of debts?

          I think this distinction is important for someone to provide an answer.

          If I am barking up the wrong tree please correct me.

          Comment


          • #6
            The judgment is automatically registered against the person at the address on the original summons. If they move, it does not get re-registered at a new address but will be revealed by a credit bureau search for the next six years after which it "disappears" off the the credit bureau records. If the debtor pays the judgment within 28 days in full, they obtain a certificate of satisfaction from the court and the judgment is removed completely from both the court records and the credit bureau. If they pay after 28 days, even if its in full, it can still be marked satisfied, but will remain for six years on records and credit bureau searches.

            If the order was for instalments, then if they fail to pay, you will have top pay a further fee to enforce either using bailiffs/attachment of bank funds or earnings, or placing a charging order on their property if they own it.

            If the debt is in conjunction with a possesion order - you have to enforce by a warrant of possession which attracts a further fee in order to remove them by force if they outstay the leaving date.

            It is possible to avoid getting blacklisted by a county court judgment if you move houses and do not apply for credit for three years after which most credit applications do not demand your previous address. Also, creditors are expected to complete any enforcement within 6 years of the date of judgment and have to apply for leave to enforce outside of this time. Effectively, the maximum amount of time a debtor can be blacklisted in respect of an ordinary judgment is six years but that is extended to 12 years for debts "under seal" which effectively is house or land purchases with lenders who do not subscribe to the voluntary six year claim "rule" agreed with the council of mortgage lenders. In principle, a county court judgment which is unpaid is demandable forever - in practice it is limited by the debtor's means and the time limit above - its no good getting an order of £1 per week on a £3000 debt which will take 57 years to pay off.

            Out of curiosity though, has anyone on here been sued and been given an "easy peasy" arrangement more than 12 years ago which they are still paying or are having paid to them (except for mortgage arrears)?????

            Comment


            • #7
              Originally posted by Poppy View Post
              Excuse me, please will you clarify what your case consisted of:
              1. Was it to seek possession of your property and the judge happened to put on record that the defendant was ordered to pay outstanding rent? OR
              2. Was it to seek debts?

              I think this distinction is important for someone to provide an answer.

              If I am barking up the wrong tree please correct me.
              I don't see that this distinction is important as the key point is that an order is made by a judge that a defendant should pay money to the claimant and the defendant then doesn't do so. I can't see that HOW the judgment is arrived at would make any difference, just the actions of the person who now owes the money.

              How would it make a difference?
              IS there a difference between a judgment for money made in possession proceedings or any other small claim/fast track/multitrack claim?

              Comment


              • #8
                Sorry about my apparently silly question.

                If you are aware that the judge made an order for the defendant to pay and you don't think my question has any bearing, then why was your first question "Can someone tell me how you go about getting a judgment registered against someone?"

                Comment


                • #9
                  Originally posted by davidjohnbutton View Post
                  Out of curiosity though, has anyone on here been sued and been given an "easy peasy" arrangement more than 12 years ago which they are still paying or are having paid to them (except for mortgage arrears)?????
                  Not quite what you're after, but what about a debt of more than £5,000 payable at £50 a month through attachment of earnings? Interest on the sum is about £35/month if you use the court's standard calculation. I would at the very least like the lovely person to have a black mark on their name, seeing as I am unlikely to see the whole sum any time soon.

                  Oh, and thanks for the very thorough answer, this is just what I was after. Do you know where this is detailed in the CPR or court rules or something similar? Would like to be able to refer to the source. Thanks.

                  Comment


                  • #10
                    http://www.dca.gov.uk/civil/procrule...enus/rules.htm here y' go - aint got time to trawl through that lot though!!!!

                    Comment


                    • #11
                      Originally posted by Poppy View Post
                      Sorry about my apparently silly question.

                      If you are aware that the judge made an order for the defendant to pay and you don't think my question has any bearing, then why was your first question "Can someone tell me how you go about getting a judgment registered against someone?"
                      The question I was asking was whether the claimant has to do anything in addition to the court case in order to get the judgment 'registered'. I know it seems logical and sensible that a judgment against a person would be registered, but in our court system it is just as likely that you'd have to do something over and above getting the judgment read out in court for it to make it onto a register. DJB has given a very thorough response, but thanks for your question. I realise my original post didn't make it clear that the court case had already happened and a money judgment had already been made.

                      Very interesting to see that if the debtor pays in full within 28 days that they can get all record of the judgment "wiped" from their credit rating. I wonder if that would still be possible where judgment is given but quantum isn't decided until a hearing that is more than 28 days after the original judgment.

                      Comment


                      • #12
                        Originally posted by davidjohnbutton View Post
                        http://www.dca.gov.uk/civil/procrule...enus/rules.htm here y' go - aint got time to trawl through that lot though!!!!
                        Thanks, I already have CPR bookmarked and very well thumbed, just wondered if you knew off-hand which Part. Never mind, I'll have a bit of a trawl mesel'!

                        Comment


                        • #13
                          Originally posted by Surrey View Post
                          . I wonder if that would still be possible where judgment is given but quantum isn't decided until a hearing that is more than 28 days after the original judgment.

                          Where quantum was decided at a later date, the judge would not make a judgment order at the earlier date, but would reserve the matter until quantum was considered, the final judgment on quantum would then be given and the 28 days started from then.

                          Sometimes happens where a judge says one side has proved case but he needs more time to consider quantum because the court has run out of time.

                          Comment


                          • #14
                            Originally posted by davidjohnbutton View Post
                            Where quantum was decided at a later date, the judge would not make a judgment order at the earlier date, but would reserve the matter until quantum was considered, the final judgment on quantum would then be given and the 28 days started from then.

                            Sometimes happens where a judge says one side has proved case but he needs more time to consider quantum because the court has run out of time.
                            Not strictly true, but I may have misinterpreted what you mean by 'judgment order'. I have seen instances where judgment has been given for one or other party with it written in an order and another point in the order saying quantum to be decided at a later date. It's not so uncommon I hear. Might not be the 'right' way to do it but hey, it's the courts and they can do pretty much what they like.
                            Cynical? Moi?

                            Comment


                            • #15
                              If a judgment order (i.e. a notification from the court that a judgment has been issued) is made and it contains no quantum amount (i.e. quantum to be decided at a later stage), then Registry Trust and the credit bureau cannot register it - there is no amount to register.

                              Only when the order states something like "The defendant will pay to the claimant the amount of £xyz" is it a recordable judgment.

                              A judgment order can say "The court finds in favour of the claimant/defendant - quantum (or amount of judgment to use plain language) to be decided at a hearing to be held on x date"

                              Comment

                              Latest Activity

                              Collapse

                              • NTQ during fixed term?
                                vpltd
                                Hi,
                                Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                                (A residential let in England.)
                                VPL.
                                11-08-2017, 14:53 PM
                              • Reply to NTQ during fixed term?
                                jjlandlord
                                You made a claim. You tell us.



                                It was claimed that a tenant may freely leave whenever he pleases once he has received a s.21notice. If that was indeed the case you can imagine the mess with all those precautionary notices.



                                It was already the case...
                                18-08-2017, 12:43 PM
                              • Reply to NTQ during fixed term?
                                Wright76
                                I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                                18-08-2017, 12:40 PM
                              • Lying tenant
                                mazco
                                We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                                In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                                18-08-2017, 12:03 PM
                              • Reply to Lying tenant
                                JK0
                                Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                                (Not that that ever happened. All I get left is broken Ikea tat.)
                                18-08-2017, 12:30 PM
                              • Reply to Lying tenant
                                jpkeates
                                The deposit doesn't limit what you can try and recover from the tenant.
                                It's simply a convention designed to make a simple claim easier.

                                You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                                That's the tenant's money.
                                18-08-2017, 12:27 PM
                              • Reply to Lying tenant
                                mazco
                                Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                                18-08-2017, 12:24 PM
                              • Reply to Lying tenant
                                jpkeates
                                And, of course, this....
                                18-08-2017, 12:22 PM
                              • Reply to Lying tenant
                                jpkeates
                                There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                                If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                                If they are in a rolling agreement and move out, you are liable.

                                If the tenancy...
                                18-08-2017, 12:21 PM
                              • Reply to Lying tenant
                                JK0
                                I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                                18-08-2017, 12:18 PM
                              Working...
                              X