Lynnzer - Patient Direct Court Claim

[Lynnzer]

As the sum involved is for over £600 then you can transfer it up to the High Court for enforcement once you have received the paperwork. See https://thesheriffsoffice.com/instruct-us for more details.

If you go this route then be prepared for the Defendant applying for Set Aside because they didn't attend - tough in my opinion as surely they must have known as it was their case. I imagine as they didn't turn up then their application would fail. They may also try for a Stay of Execution against the Writ used for Enforcement but again think that would fail as well.

Do I read this right? All costs incurred are payable by the debtor. That is all the fees of the company executing the warrant?
I somehow thought there would a percentage paid as fees that were deducted from the amount they collect. If not then I see this as a fantastic way to go forward.
The Order was made on the 16th April, or at least that's when the hearing was, so that would make it to the 30th for payment. Or am I wrong in that?
Still waiting for the actual Order as yet but will post it when it comes.

[ostell]

You can always phone up the court and ask them to prioritise the order because you want to employ enforcement officers.

Yes the enforcement officers add their fees to the debt and then that is what is enforced. You must never have watched "can't pay well take it away". But you have to politely ask for the sum ordered, and give them time, before you send it up the the High Court.

So what was the order, forthwith, 14 days, 28 days?

[Lynnzer]

You can always phone up the court and ask them to prioritise the order because you want to employ enforcement officers.

Yes the enforcement officers add their fees to the debt and then that is what is enforced. You must never have watched "can't pay well take it away". But you have to politely ask for the sum ordered, and give them time, before you send it up the the High Court.

So what was the order, forthwith, 14 days, 28 days?

Was 14 days Ostell. But I don't know if that was from date of judgement or from the normal receipt of mail "in the ordinary course of the post"
Can't Pay - Take it away. No haven't watched as it involves the same people collecting against Pepipoo members. Might have time to get involved on that forum again shortly.

[ploddertom]

If it doesn't list a period of time in which to pay you can enforce immediately. Take my local Court as an example - if you are prepared to wait then Orders can be produced within 30 minutes, you can then go to the desk with a prepared N293 get it stamped and either fax or email to a HCEO and pay by card. This circumvents a lot of the waiting and the next the debtor knows is the Enforcement Agent sending the Notice of Enforcement out before they have had to time to think.

There are some downsides to employing a HCEO, they may not be able to contact or meet with the debtor because they ignore everything. An Enforcement Agent may only make 3 or 4 visits before returning the Writ as unenforceable (they get paid on results). If the worst does happen you would then be given an Abortive Fee of approx £90 inc VAT. If you want to know more then give the Enforcement Co a ring and they should be able to tell you what you need to know.

[ploddertom]

Was 14 days Ostell. But I don't know if that was from date of judgement or from the normal receipt of mail "in the ordinary course of the post"
Can't Pay - Take it away. No haven't watched as it involves the same people collecting against Pepipoo members. Might have time to get involved on that forum again shortly.

Date of Judgment, but nothing to say you can't be prepared ready to submit. I would take the Can't Pay - Take it Away as not being representative of how HCEOs work.

[Lynnzer]

I heard nothing from the court so rang them yesterday. They have sent out the Order again to me. I didn't receive the first one they said was sent on the 17th April. Sort of works against my argument about the Interpretations Act doesn't it?
Anyway, it arrived today and here it is for those wish to use it to lay a vexatious costs claim when their own case is found in their favour.

The 14 days was up as of yesterday so I will send a copy via email and explain that non payment within a week will result in a HCEO

[Amethyst]

That's a lovely order

2019-05-01 12_20_51-Start.png

The 14 days was up as of yesterday so I will send a copy via email and explain that non payment within a week will result in a HCEO

Good plan I would also send a hardcopy and tell them you have done so. Remember to tell them how to pay and that it will increase if they don't pay within X days ( 7 probably sensible) ( by cost of warrant etc )

Multimedia International Services Limited, Premier House, Premier Way, Poulton Business Park, Poulton-Le-Fylde, Lancashire, FY6 8JP

[ploddertom]

The 14 days was up as of yesterday so I will send a copy via email and explain that non payment within a week will result in a HCEO

Personally I would just instruct the HCEO as they have to write and give them 7 Clear days notice before attending.

[Lynnzer]

Personally I would just instruct the HCEO as they have to write and give them 7 Clear days notice before attending.

I thought of that but that would mean there would be added costs at the outset.
This way they get the week to pay up or actually incur the extra costs

[ostell]

Very tempting though it is to charge straight in with a HCEO if things went back to the court for any reason it would possibly seen as unreasonable to dive straight in with a HCEO without writing to them first and giving them a chance to pay. 7 days from receipt of the letter should be sufficient. Receipt assumed to be 2 days after the date of posting.

[ploddertom]

Sorry but it is not unreasonable. They were given a timescale to pay and forgot, ignored or refuse to make payment. There are many instances of CCJs or ETs being awarded and HCEOs being instructed immediately to aid recovery. If you write to them and give them 7 days and they ignore again you instruct an HCEO who also has to write and give them 7 days - which to allow for time can be taken to mean 14 days. So how much extra time do you wish to give them - incurring costs at the outset is their problem, they should have addressed the issue earlier.

[Lynnzer]

I put them on a week's notice and sent a daily email reminder in big bold red ink with a daily countdown and a bailiff ani gif after today.
Got this today. Sent our account details for payment. Will post back if they don't come good otherwise it's all done and dusted
Thanks to everyone once more and if anyone else who has been scammed by them finds this topic then take heart from it. Retribution is sweet although necessarily time taking.



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[Lynnzer]

PAID
Thank you Deputy District Judge Baird


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[R0b]

Well done for your persistence, glad it's been resolved.

[Lynnzer]

Well done for your persistence, glad it's been resolved.

I feel like I could take a degree in contract law after all that.
Just for anyone else who has been given a business card from Nick Slade which presents him as being Director Corporate Accounts, I spoke to their reception to chase payment yesterday lunchtime and the lass who answered told me he's just an agent and not a director. She didn't know whether he's actually an employee or a commission agent though.