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Court Claim - Judgement for defendant with costs. How to enforce?

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  • Court Claim - Judgement for defendant with costs. How to enforce?

    Hi,

    I was the Defendant in a court claim and due to the non-attendance and unreasonable behaviour of the Claimant their claim was struck out and my costs were awarded.

    It has been a year and the Claimant has still not made payment, how do I enforce the judgement? Do I have a CCJ against the claimant, in which case I can apply for enforcement in the usual way (eg N323), or do I have to bring a claim against them first?
    Tags: None

  • #2
    Nope, you can simply apply to enforce the costs judgment in the usual way. Have you written to the defendant to advise you intend taking enforcement action at which point the amount will rise ? This can spur them on to start payments sometimes. How much are the costs you were awarded ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Thanks As it's been a while I will write to them one final time before taking further enforcement action.

      Costs are £361 - these were awarding against C Ringrose/TM Legal/Asset Collections who seem to be a regular sight on these forums.

      Comment


      • #4
        Ha indeed - well done you !

        Check Assets current address as they , and TM, moved middle of last year.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Hmmm they seem to have four addresses. A PO Box in Blackpool, a physical address in Blackpool, a registered office in London, and an office in Scotland.

          Comment


          • #6
            Just for ref - you're not alone ...

            9th October 2018, 22:47:PM
            Finally received my cheque for costs and WOC from Asset /TM today.
            It took 3 visits from the bailiffs and a court with technical issues before it was finally released .
            Not bad though ----the costs were awarded on 18th April this year !!!
            One of the Blackpool call centres was emptied of computers and just left milk cartons out last September ... - I believe that was the Whitehills Park address - this seems to be the current address-
            Viscount Court, Sir Frank Whittle Way, Blackpool, Lancashire, FY4 2FB, England

            Which address was your original claim issued from ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Their court claim had the address PO Box 1333, Blackpool, FY1 9JU

              Looks like I'm going to have a fight getting my money from them

              Comment


              • #8
                Originally posted by kaput View Post
                Their court claim had the address PO Box 1333, Blackpool, FY1 9JU

                Looks like I'm going to have a fight getting my money from them
                Dont give up, they wouldnt, fight as hard as you need to and get whats yours.
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  I haven't contacted them yet, but hilariously they just sent me a text message offering me 25% off my "outstanding balance".

                  [Edit] It gets better. They've emailed me too and the balance has increased by £115, which means they've decided to add their hearing fee to the balance. lol.

                  Their email says they're regulated by the FCA but I've seen posts on here that says they're not. Is this something the FCA will be interested in?
                  Last edited by kaput; 28th March 2019, 15:59:PM.

                  Comment


                  • #10
                    Originally posted by kaput View Post
                    I haven't contacted them yet, but hilariously they just sent me a text message offering me 25% off my "outstanding balance".

                    [Edit] It gets better. They've emailed me too and the balance has increased by £115, which means they've decided to add their hearing fee to the balance. lol.

                    Their email says they're regulated by the FCA but I've seen posts on here that says they're not. Is this something the FCA will be interested in?
                    The FCA is about as much use as a kick in the nuts, no scratch that, a double kick in the nuts.

                    They dont seem to have the teeth to bite these type of cases.

                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #11
                      at last somebody agrees:- I have been saying that for yonk!s i.e.( 1 x Yonk ==years)

                      ICO = Ditto

                      Comment


                      • #12
                        chess - do you have their current address for bailiff visits ?
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Originally posted by kaput View Post
                          I haven't contacted them yet, but hilariously they just sent me a text message offering me 25% off my "outstanding balance".

                          [Edit] It gets better. They've emailed me too and the balance has increased by £115, which means they've decided to add their hearing fee to the balance. lol.

                          Their email says they're regulated by the FCA but I've seen posts on here that says they're not. Is this something the FCA will be interested in?
                          Emails from TM Legal assuming they have a judgment against you? or despite knowing they lost the hearing ?

                          Yes - make a complaint to the FCA if there is reason to, all grist to the mill..
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            TM/Asset lost the claim, presumably they know this, and are now emailing and texting me, asking me to pay off an amount which equals the original claimed amount + statutory interest + court fee + hearing fee. They've even had the cheek to offer me 25% off. It's ridiculous.

                            Comment


                            • #15
                              I'd reply and tell them they list and they owe you x in costs to be paid in x days or it will increase by ( whatever cost of enforcement will be) include copy of the judgment order
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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