Judgement by default, how long before requesting a warrant?

[Chris D]

Hello!

I have a case going through MCOL. The case is for a faulty cooker.

Issues LBA etc and filed for £70 costs + £25 fee. The defendant did not respond, requested judgement for immediate payment which has been issued.

Questions now....
How long is reasonable to wait for contact from him for payment before requesting a warrant?

Do I still need to keep this b***dy cooker because it's really in my way!!

[des8]

I would write (signed for) to the trader confirming the judgment in your favour and instructing him he has 14 days in which to pay and collect his cooker.
Advise him that failure to pay will inevitably increase his costs, and that as you consider yourself as an involuntary bailee, in the event he does not collect his cooker, you will dispose of it as per your rights under the Torts (interference with goods) act 1977.

Then if he doesn't pay, proceed

[Chris D]

Thanks!

[Chris D]

I wrote the letter as advised, this time it was signed for by Person B. The LBA was originally signed for by Person A.

Is there a danger that Person A can just say that the shop and all contents belong to Person B?

[des8]

The judgement creditor is liable, regardless of who signed for the letter

[Chris D]

Could he say something like 'Well I just work for Person B, I'm not responsible for it', or is he liable regardless now that the judgement has been entered? Is there a get-out for him should I proceed with the warrant?

[des8]

If he is named as the judgment creditor he is liable ... the court said so.
He had the opportunity to defend the claim on basis he was the wrong person (if he is!), but failed to do so and must now take the consequences.

He could possibly apply for the judgment to be set aside, but will cost him more than the judgment!

[Chris D]

Great!

If a bailiff goes to the shop, can he say that the stuff in the shop doesn't belong to him? I think I can get a residential address for him thanks to 192.com, can I add this as a second address for him and is it worth doing?

EDIT: Just checked 192.com and he lives with Person B according to electoral role 2020-21!

[des8]

Why not add it? give the Enforcement Agents as much info as possible

[Chris D]

Will do, thanks again! He has until May 7th to respond so I will apply after then.