Form N316 -Application for order that debtor attend court for questioning

[Gwirdle]

Hello I hope this is the right area I just had a few questions on filling out this form N316 and wondered if some kind soul might help. I seem to forever be ringing around and passed to different people without actually ever getting the answers..

The bit of the form below..
2. Judgment debt or order [The judgment or order required the judgment debtor to pay £ (including any costs and interest).


Is the above the total amount to date including all fees including the current application. Basically everything to date ?



The next bit..

[The judgment or order required the judgment debtor to..


What exactly are the asking for here ?

I originally took out a CCJ and it was awarded in my favour to a customer who didn't pay me, do they want the original amount ?

Final bit on fees...

Order to obtain information from a debtor • To issue an application for an order for a debtor or other person to attend court to provide information – fees order 8.3 £55 • To request Bailiff service of an order for a debtor to attend court for questioning – fees order 8A.1 £110

I basically need to request Bailiff service so do I pay £110 total and also £55 or does the £110 fee cover the application as well?

[ploddertom]

So you have a CCJ against someone. When did you obtain it & how much for? Have you tried any enforcement yet? Did your Defendant enter a defence or just ignore everything? Are you sure they are either working or have assets?

[Gwirdle]

Hello I got it in October of last year . It was for £296.80. I tried the Country Court baliffs and had no luck. They have just ignored everything including all letters and phone calls. They are definitely working and have the means to pay easily.
I believe this the best way forward as after questioning I will have bank account details which I can then make a third party debt order.
The amount is low but the principal is very important to me. I am a very small business who in effect has been stolen from. The costs and fees are now approaching £500 so its worth pursuing.

[ploddertom]

Please don't take this the wrong way. On many occasions I say that just because you obtain a CCJ against someone does not mean that you will ever get paid what you are owed. A lot depends on how much you are prepared to spend on enforcement. You say you are hoping to get a 3rd Party Debt Order against their bank account, this is fine in principle but is only effective if the Debtor is unaware you are likely to do so as many keep their accounts empty to prevent this happening as it can only be effective at the actual time the Order is granted. The best part of the Questioning Order is the fact it does carry the threat of arrest/imprisonment if they decide to ignore it but really unless you know them they could tell the Judge anything if they are accomplished liars.

[Gwirdle]

Thanks, I feel I have to try the questioning as most people would not wish to go to court and as its not a huge amount may just pay it. Worth a go eh ?

[ploddertom]

I agree wholeheartedly with you, will depend how much of a brassneck they have. You can but try.

[Gwirdle]

Does anyone have any help on the original questions ? Many thanks

[kaka001]

I just sumbitted one myself and yes you need to add all the costs including the cost of the application/baliff as well.

[islandgirl]

why not attachment of earnings? I once got the forms ready then wrote to the debtor and told them they would be sent off the next day and their employer would know of their debt. Lo and behold debt paid next morning! You only need to know where they work.