Stalling ?

[mickeyboy]

Re: Stalling ?

Evidence,,, I have sent my evidence to the court and to the defendant on the 5th of january ,the court case is on the 19 th of january ,,14 days before as instructed by the court ,I have had no evidence supporting the defence from the defendant up to and including today the 7/01/2015 . are they in breach of court instructions ? and what will happen now ? Thanks M .

[Amethyst]

Re: Stalling ?

Yes they are, you can let the court know you haven't received anything from the Defendant at all. They will make a note on the file, but realistically the hearing will likely still go ahead just he won't be able to use any evidences as he failed to submit. Of course he may be trying to respond to your witness statement & documents and you'll get it next week, but it is a good idea to inform the court now.

[mickeyboy]

Re: Stalling ?

Thank you I will inform them today

[mickeyboy]

Re: Stalling ?

UPDATE.. Thank you ,thank you , Today I won my case in court and was awarded the full amount ,I would like to Thank everyone for their help ,Defendant has 14 days to pay ,but i fear they wont ,so may be an enforcement agent /Bailiff .what would you do ? Thanks again .

[Amethyst]

Re: Stalling ?

Yip, Bailiffs.

Well done xxx

[mickeyboy]

Re: Stalling ?

Hello ,Just a quick question ,about my next step ,Fee's etc, 1st, Warrant of control ,what is the fee to the Bailiffs ? 2nd Charging order ,What is the fee ,And can i Submit both at the same time ? The Claim is for £3005, Thank's in advance M.

[wales01man]

Re: Stalling ?

Have you thought of HCEO they have greater powers than bailiffs charging order does not get you the money only a charge guaranteeing payment sometime

[mickeyboy]

Re: Stalling ?

Thanks for the reply ,How do i go about the HCEO ? and what are their fee's ? The Charging order is because i think that they are selling up and moving in the near future ,so need to act fast .

[Kati]

Re: Stalling ?

Enforcing a judgement info - https://www.gov.uk/make-court-claim-...rce-a-judgment

[des8]

Re: Stalling ?

To issue a warrant of control (recovery of a sum of money) viaMoney Claims Online or County Court Business Centre. £70
• To issue a warrant of control (recovery of a sum of money) in anyother case. £100
If you started your County Court claim using Money Claim Online you can submit a requestfor a warrant of control online. Log on to www.moneyclaim.gov.uk for further information.

Application for a charging order.(A fee is payable for each charging order applied for). £100

To use an HCEO you transfer your judgement to the HighCourt. You can then ask an Enforcement Officer to enforce the judgement.
If you decide to issue a writ in the High Court, you will need a ‘certificate of judgment’. Thishas details of your case and says how much you are owed.
To request this you need formN293A, a ‘combined certificate of judgment to enforce the judgment by a writ of control(writ of control is the equivalent to a warrant of control in the High Court).
You can get formN293A online from hmctsformfinder.justice.gov.uk, you must complete part 1, and send it tothe court where the judgment was made or the County Court Business Centre.
If you do notcomplete it fully, the court may have to return it to you.
You must state:• the date of judgement and the amount the order was made for, including anyadditional costs allowed by the court since judgeement; and
• the total of any interest that has accrued on the judgement, and if appropriate, thedaily rate.
High Court procedure is different from the Countyt and can be complicatedand more expensive.
Some County Court hearing centres are alsodistrict registries of the High Court. Staff there or at the High Court in London can tell youmore about High Court Enforcement.

you might find this link useful if you are considering HCEO: http://www.hceoa.org.uk/faq/do-you-n...-officer.html:

[mickeyboy]

Re: Stalling ?

The link is invalid .........

To issue a warrant of control (recovery of a sum of money) viaMoney Claims Online or County Court Business Centre. £70
• To issue a warrant of control (recovery of a sum of money) in anyother case. £100
If you started your County Court claim using Money Claim Online you can submit a requestfor a warrant of control online. Log on to www.moneyclaim.gov.uk for further information.

Application for a charging order.(A fee is payable for each charging order applied for). £100

To use an HCEO you transfer your judgement to the HighCourt. You can then ask an Enforcement Officer to enforce the judgement.
If you decide to issue a writ in the High Court, you will need a ‘certificate of judgment’. Thishas details of your case and says how much you are owed.
To request this you need formN293A, a ‘combined certificate of judgment to enforce the judgment by a writ of control(writ of control is the equivalent to a warrant of control in the High Court).
You can get formN293A online from hmctsformfinder.justice.gov.uk, you must complete part 1, and send it tothe court where the judgment was made or the County Court Business Centre.
If you do notcomplete it fully, the court may have to return it to you.
You must state:• the date of judgement and the amount the order was made for, including anyadditional costs allowed by the court since judgeement; and
• the total of any interest that has accrued on the judgement, and if appropriate, thedaily rate.
High Court procedure is different from the Countyt and can be complicatedand more expensive.
Some County Court hearing centres are alsodistrict registries of the High Court. Staff there or at the High Court in London can tell youmore about High Court Enforcement.

you might find this link useful if you are considering HCEO: http://www.hceoa.org.uk/faq/do-you-n...-officer.html:

[des8]

Re: Stalling ?

Odd that.
Try :http://www.hceoa.org.uk
Bottom left of that page & click on FAQ
Then click on "Do you need the services of a High Court Enforcement Officer?"

[mickeyboy]

Re: Stalling ?

Thanks ,this one is ok , ..just been having a chat with someone and they said sell the debt ,How would i go about that ?

Odd that.
Try :http://www.hceoa.org.uk
Bottom left of that page & click on FAQ
Then click on "Do you need the services of a High Court Enforcement Officer?"

[des8]

Re: Stalling ?

You can sell your debt to a Debt Collection Agency (in theory).
You'll be extremely lucky to find one prepared to buy.
They buy in bulk, and for pennies in the pound..... forget it!

[mickeyboy]

Re: Stalling ?

When will it end ? After sending all documents to the HCEO for the recovery of money ,i have now received a NOTICE OF HEARING OF APPLICATION ,due to the fact the defendant did not receive any letters from the court informing him of proceedings ,and therefore cannot represent himself ?in the new document he is calling me a liar ,and he has produced a letter from a company that he used to be a director of ,stating that they agree that they purchased the bike from me but were in dispute with how much i wanted for it .So what happens now with the court date 17/03/2016 and the HCEO ?