Enforce judgement to recover money owed

[gio70]

In brief: I submitted a case against an airline and got a judgement against them (basically, they have cancelled my flight during the pandemic last year and never refunded me the cost of the ticket), but only received the cost of the booking, not the cost of bringing the case against them.

So, how do I enforce that judgement and get the court costs (which were awarded to me as part of the judgement)? Do I have to fill in N323 and let the court deal with it or do I engage a recovery agency? if N323 will do, what would be the application fee for that (if any) and, most importantly, do I get this back? Thanks.

[gio70]

Any help with this? Anyone?

[islandgirl]

Just a suggestion - get in touch with high court enforcement company and see if it is suitable to be sent up to the High Court. They will do this and collect the debt (with the costs being paid by the debtor). I did this a few years ago with success but do not know if any rules have changed since then. The company will advise you

[gio70]

Thanks IslandGirl. I just looked at high court enforcement companies (google helps!), but they all seem to be working on the same principle - they can take control (what's termed as "warrant of control") and transfer proceedings to the high court only if the money owed is more than £600, which is not the case here.

I found a few details here: https://www.gov.uk/make-court-claim-...rce-a-judgment

The above link was the basis for my initial post, but wanted to see whether I definitely need to submit an application (N323) and pay the relevant fee, which I wasn't sure whether I am going to get back, hence the initial post/question.

So, any help with that? Anyone?

[islandgirl]

ah ok well it was worth a shot!

[echat11]

R0b Can you look and advise, many thanks.

[des8]

Use Form N323 plus relevant fee £83 recoverable from debtor.
Court fees here: https://assets.publishing.service.go...0_web_0921.pdf

If judgment obtained through MCOL you can do it online

[gio70]

Thanks everyone. Yes, I think I've submitted this via the Business Center, but not online (using normal mail) and got the judgement via them, so I guess I can submit the form through them again.

Does the form have to be submitted to the same place from where the judgement was originally obtained or could it be any county court? Thanks again.

[echat11]

Thanks everyone. Yes, I think I've submitted this via the Business Center, but not online (using normal mail) and got the judgement via them, so I guess I can submit the form through them again.

Does the form have to be submitted to the same place from where the judgement was originally obtained or could it be any county court? Thanks again.

Same County Court that's where the case file would be kept.

[gio70]

Noted, thanks. Practical question: The N323 form has the following boxes:
1. (A) Balance due at date of this request
2. (B) Amount for which warrant to issue
3. Issue fee

I take it the first one is the amount still owed (£50). What I am not sure of is what should I put in the other two boxes?
133
83
or something else?

Thanks.

[echat11]

Noted, thanks. Practical question: The N323 form has the following boxes:
1. (A) Balance due at date of this request
2. (B) Amount for which warrant to issue
3. Issue fee

I take it the first one is the amount still owed (£50). What I am not sure of is what should I put in the other two boxes?
133
83
or something else?

Thanks.

des8 Can you take a look and advise please.

[des8]

A)Balance due £50

B)Amount of warrant £50
issue fee.................83
legal reps costs.......0
land registry............0
TOTAL .................... 133

[gio70]

Perfect, thanks Des, much appreciated.

[gio70]

"Interesting" developments: I submitted the N323 form to the court, then got a response from them, acknowledging that it has been actioned.

Last Friday, I've got a letter from the airline enclosing a cheque for £50. This is the place to mention that this is the 3rd such cheque I receive from them - the previous two were bounced by their own bank for missing mandate (signature not authorised) - a fact that I have made them aware of on numerous occasions.

The signature on the latest cheque is exactly the same as the previous two (I have scanned copies of these), so I am guessing if I present it to my bank, the outcome will be exactly the same - it will be bounced due to signature not authorised.

Besides, I was expecting the cheque to be for £133 (covering the £50 owed, plus £83 I paid to get this application).

What then?

Submit another N323 that includes the £133 already owed, plus another £83 for the new application? We could be playing this game for years on end!

[echat11]

"Interesting" developments: I submitted the N323 form to the court, then got a response from them, acknowledging that it has been actioned.

Last Friday, I've got a letter from the airline enclosing a cheque for £50. This is the place to mention that this is the 3rd such cheque I receive from them - the previous two were bounced by their own bank for missing mandate (signature not authorised) - a fact that I have made them aware of on numerous occasions.

The signature on the latest cheque is exactly the same as the previous two (I have scanned copies of these), so I am guessing if I present it to my bank, the outcome will be exactly the same - it will be bounced due to signature not authorised.

Besides, I was expecting the cheque to be for £133 (covering the £50 owed, plus £83 I paid to get this application).

What then?

Submit another N323 that includes the £133 already owed, plus another £83 for the new application? We could be playing this game for years on end!

Do they incur charges for 'bounced cheques'? So if that happens enough times, it becomes 'uneconomical' for them to continue doing that. It might be worth contacting their bank to find out how much it costs them.