Small claims - trader-legal home insurance

[Sotired]

HI des8 .. back again. The company has made no attempt at paying, I gave them until them until this Friday. I knew it wouldn't be straightforward with them. I have checked out the above link you posted but unable to see how I take it forward, do I ring the courts, fill another form out. What do I do for enforcement..Thanks again

[des8]

What was the wording on the judgment about when the award had to be paid?

[Sotired]

Hi. des8 .
I can't see a date.
it says . Ordered to pay the claimant and interest to date of judgement plus court costs.

it does say in the notes for defendant. If you pay within one month they can ask the court to cancel the entry on the register. From when I received the judgement in the post, Friday will be 30 days.

It also states they can apply to the court , if they did not reply to the claim form and believe judgment has been entered wrongly and write to the ciurt to say the reasons why.

I have not heard from the courts or received payment.

[Sotired]

I sent them a copy of the judgement with payment details as you suggested.

[des8]

How much was the judgment award?

[Sotired]

Just under 10k

[des8]

In that case I would consider instructing a High Court Enforcement Officer next week to obtain payment

[Sotired]

Thanks. Do I do this through the courts.?

[des8]

It has to go through the courts, but if you instruct an HCEO they will see to everything.
There are plenty advertising on the internet, but I can't recommend anyone firm over another

[Sotired]

OK thanks again. Not knowing anything about a HCEO, Iwouldn't know who would be any good. If I went through the courts, do they recommend people.? I would need to add on any further costs ?

[des8]

A list of HCEOs is available here https://www.hceoa.org.uk/choosing-a-hceo/find-a-member

I would suggest a look through to find some local outfits, and then look at reviews for them.

Are you sure that the debtor (the limited company) has the assets ti cover the judgment award?
If it doesn't have the cash or goods .............

[Sotired]

Yes, it does have assets. It is now profitable company., a few years on. They had not long since started when they did my work.

Thanks again. Ill check out the link. I think they will not pay though going by their attitude in regards to the poor work and correspondence thereafter. If they had gone to court, the courts would have seen this.

[Sotired]

Hi des8

I telephoned the courts up in regards to the judgement. They have told me the company is appealing the judgement!. They have a solicitor now involved and have paid the courts 275.

This was processed by the court oniy a week ago. The judgement was received 13 march 2024.They would not tell me the reasons given by them, only that the judge will decide whether to overule the judgement and take to court?

i presume i will be notified about this and am i able to counterclaim what they have said.?

why didn't they put their case forward within the time limit if didn't agree?

One thing the guy said this morning initially was the defendant said I didn't put the full details in.
When I filled the form in to send to the court,,I was advised to put bullet poiints only , and tick the box info to follow. I was told they put their defence down first ,then as soon as I received that, I then put my defence down after this. I hope this was the right.advice?
Even though they sa8d they would defend all poiints, they did not within the time limit.

i knew it would not be straight forward, the company have press7red me into accepting poor work.

thanks again, I knew this wouldn't be straightforward.

[des8]

so the defendant has probably applied to have the judgment set aside.
This is probably on the basis that you never served & filed fuller particulars of claim (the box you ticked) so they never had the chance to file a defence before you applied for a default judgment

Either the advice you were given was wrong, or misunderstood
The defendant does not enter his defence until full particulars of claim have been served

You can only sit and wait for the court instructions.

[Sotired]

Thanks again des8

i have re checked about the information given.

as above. I put down the bullet points. Ticked the 'to follow info box. As advised.

The court claim was sent to the company, they had 28 days to defend, which they said they would do. I was told i would then have the chance to respond fully after seeing their defence.
i was told the defendant would send a copy of thr defence to the court and a copy to myself. Which i did not receive.

I have been told this is correct advice?!

The company knew the reasons for my complaint as i had to go through the letters before court action, offer ADR etc.to which they ignored.

I will be very disappointed if i can't take this further .