*** Won *** Judgment issued, but bar subsequently put in place ?

[kettlaness]

I don't know what HCE firm you have used, but they sound like a bunch of cowboys.

Yes, that's my impression too !

I'm using The Sheriffs Office.

As for explaining to the defendant, that's the HCEO's job and they should explain that the debt has risen due to the debtor failing to pay. And, the longer they take to cough up the larger that amount is going to get.

I agree entirely with this ^^^.

The 'guidance' stated that (verbatim) :

"She asked why the amount has increased from the judgment order , I told her that the matter has been taken to court and we cannot answer that for hr. she will have contact the coot or the client directly".

Yes, they really did put 'hr' and 'coot'; but putting the bad grammar aside, I'm not happy that the Sheriffs Office advised the Defendant to contact the court or the client (myself) to find out why the amount had increased. The Defendant did phone me a few times last week, but I didn't answer, as I didn't want to get embroiled in a futile argument.

The message, that I've had, states that the Defendant has said that they'll pay the 'command' figure. From what I've seen on the Internet, the 'Command' figure appears to be the original amount put forward by the court. I'm slightly concerned, because I don't think the Defendant realises the implications of not paying the full amount on time.

I'm disappointed also, that none of the documentation I've received from the Sheriffs Office gives the name of the Sender. All their documents conclude with :

'Yours faithfully,

The Sheriffs Office'

From whom have I received the emails ? - and where's the accountability ?

Thank you, by the way, for taking the trouble to reply !

[jaguarsuk]

Yes, that's my impression too !

I'm using The Sheriffs Office.



I agree entirely with this ^^^.

The 'guidance' stated that (verbatim) :

"She asked why the amount has increased from the judgment order , I told her that the matter has been taken to court and we cannot answer that for hr. she will have contact the coot or the client directly".

Yes, they really did put 'hr' and 'coot'; but putting the bad grammar aside, I'm not happy that the Sheriffs Office advised the Defendant to contact the court or the client (myself) to find out why the amount had increased. The Defendant did phone me a few times last week, but I didn't answer, as I didn't want to get embroiled in a futile argument.

The message, that I've had, states that the Defendant has said that they'll pay the 'command' figure. From what I've seen on the Internet, the 'Command' figure appears to be the original amount put forward by the court. I'm slightly concerned, because I don't think the Defendant realises the implications of not paying the full amount on time.

I'm disappointed also, that none of the documentation I've received from the Sheriffs Office gives the name of the Sender. All their documents conclude with :

'Yours faithfully,

The Sheriffs Office'

From whom have I received the emails ? - and where's the accountability ?

Thank you, by the way, for taking the trouble to reply !

I'd be inclined to fire back at "The Sheriffs Office" that it is them who should be explaining to the defendant as my agent that costs of obtaining a writ of control plus their fees have been added to the original judgement due to none payment and that failure by the defendant to pay the entirety now outstanding will mean enforcement will continue until everything is paid.

They sound about as much use as a chocolate fireguard though, so you might be best just explaining to the defendant in writing the current position.

Dear Defendant

RE: You -v- Defendant in the <<PLACE>> County Court Claim No: XXXXXXXX

I write regarding the judgement in the above matter dated XX/XX/20XX.

I have been informed by my agents that you are querying the amount now outstanding in this matter and am taking this opportunity to clarify the position, so that you may make payment of the balance.

The judgement issued against you stated that the sum adjudged to me be paid by XX/XX/20XX and you failed to settle the judgement. Consequently I escalated the matter to the High Court for enforcement at your further cost and employed the agents who have sent you notice of intention to enforce the Writ of Control I have now been grated at your even further cost.

The outstanding balance therefore comprises the judgement, cost of a Writ of Control and ongoing costs of High Court Enforcement Officers (HCEO).

Should you continue to refuse to settle the amount owing further costs will be added by the HCEO's until you have settled in full. Please note that now paying the original judgement will not suffice to settle this matter and the HCEO's have been instructed to fully recover the sum owed inclusive of any further fees.

It is therefore in your interest to settle this matter with the HCEO at your earliest convenience and they may be reached on <<TEL NUMBER>>.

For the avoidance of doubt it is not my intention to accept any form of reduced settlement with you or to communicate directly with you further.

Regards
You

Send a copy to the defendant recorded delivery and then a copy of the letter and delivery confirmation to the HCEO, then tell them to get on with it.

The defendant cannot claim they do not know what's going on to stall the HCEO after that.

[kettlaness]

I'd be inclined to fire back at "The Sheriffs Office" that it is them who should be explaining to the defendant as my agent that costs of obtaining a writ of control plus their fees have been added to the original judgement due to none payment and that failure by the defendant to pay the entirety now outstanding will mean enforcement will continue until everything is paid.

They sound about as much use as a chocolate fireguard though, so you might be best just explaining to the defendant in writing the current position.



Send a copy to the defendant recorded delivery and then a copy of the letter and delivery confirmation to the HCEO, then tell them to get on with it.

The defendant cannot claim they do not know what's going on to stall the HCEO after that.

Thank you so much !!!

I'll do exactly as you've suggested !

You've been a terrific help - much appreciated !