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Enforce judgement to recover money owed

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  • #16
    So present the cheque (?pay for fast clearance).
    Advise the court in writing that you have received a cheque for part payment of £50, but you have reason to believe it will be returned marked "return to issuer missing mandate"
    You will keep the court advised concerning cheque payment.

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    • #17
      Thanks Des, but even if it clears (highly doubtful) where does that leave me? I am still short of the £83 I paid to make this application.

      What then?

      Make another N323 application for the new amount owed and add another £83?

      As I already mentioned - we could be playing this game for years on end. Besides, although I am not entirely sure what the process is, I've had the impression that I will be contacted by a bailiff to get my money (all of it), as they are supposed to cease assets, if needed, to make sure I get paid.

      Instead, I get a cheque from the airline for £50 (which I already presented, so we'll see whether it clears) instead of the £133 I was owed.

      That is the issue for me really - how do I get my money? So, back to my original question: Do I keep submitting N323 with amount that gradually increases or is there any other (better) alternative to this?

      Comment


      • #18
        The N323 was an application for a writ of control, which will have been issued by the court. and actioned by the enforcement agent, who will probably send a letter to the debtor.
        The debtor should pay the court who then pass the money over to you.
        Obviously this takes time and there could be an overlap, hence you have to inform the court if the debtor pays you either fully or partially.
        After a month, if full payment is still not received, contact the court.
        The court enforcement agent should enforce the writ of control
        The writ of control has an effective life of 6 years so no need to make a further application

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        • #19
          Thanks for the clarification Des, all is noted - much appreciated.

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          • #20
            Quick update on this - as I expected, the cheque from the airline bounced,

            I wrote to the court to update them on this and a while back I've got a cheque from the court for the full amount.

            Unfortunately, I've had a moment and somehow lost the cheque while walking to my local bank branch to present it.

            Wrote to the court again apologising and asking them to cancel the existing cheque and issue a new one, so let's see if they do so...

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            • #21
              Might take them a little while, but shouldn't present an insurmountable problem for the court.

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              • #22
                All good. Received a new cheque from the court about 10 days ago, which cleared in my bank account, so job done! Thanks to all that helped out and provided assistance in these matters - much appreciated.

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