** Lost ** Moriarty Law/MMF v lb1989

[Amethyst]

Ahhh okay

Yes I agree it's a pain, and I'm sorry I don't know definitively - I'd hate to say 11th June then find you are having to argue the case to have it removed from the register because the court has taken it as the 24th May.

pt2537 what do you think/know? Date of the order sent out or date of the actual judgment ?

[lb1989]

I’m confused by this note on nationaldebtline:

If you attempt to defend the court claim but are unsuccessful in doing so the CCJ will not be registered unless:

• the court has ordered instalments to be paid; or
• the creditor takes steps to enforce the debt.

does this mean the CCJ hasn’t been issued yet until Moriarty do something?

link for reference if I’m allowed to share: https://www.nationaldebtline.org/EW/...utingaccj.aspx

[lb1989]

Sorry to post twice, I’m on my phone so it doesn’t let me edit!

looking where it says “it is ordered that...” all it says is the defendant is ordered to pay costs. Whilst it does also say that the claimant has judgement, it doesn’t say I’m ordered to pay it? Or maybe it’s just not the best wording...

[Amethyst]

Personally I feel that is a risk - we see plenty of people with forthwith judgments and no enforcement action having been taken discovering the judgment through it appearing on their credit file after being picked up from the register.


Legislation wise...

Exempt judgments – High Court and county courts

9. Regulation 8(1)(a) does not apply to—

(a)any judgment made—

(i)in family proceedings;

(ii)by the Administrative Court; or

(iii)by the Technology and Construction Court;

(b)any judgment made in proceedings which are the subject of an appeal under Part 52 of the 1998 Rules, until that appeal has been determined;

(c)any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until—

(i)an order is made for payment by instalments following an application by the judgment creditor;

(ii)an application is made for payment by instalments by the judgment debtor;

(iii)the judgment creditor takes any step to enforce the judgment under Part 70 of the 1998 Rules (general rules about enforcement of judgments and orders);

(iv)the judgment creditor applies for an order under Part 71 of the 1998 Rules (orders to obtain information from judgment debtors);

(v)the judgment creditor applies for a certificate of judgment under rule 8 of CCR Order 22 in Schedule 2 to the 1998 Rules;

(d)an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;

(e)an order of a county court under—

(i)section 73(15) of the Road Traffic Act 1991(8) (order for the recovery of an amount which is payable under an adjudication of a parking adjudicator); or

(ii)paragraph 7 of Schedule 6 to that Act (order for the recovery of an increased penalty charge).

8(1) is this bit

Registration of judgments, administration orders and fines

8.—(1) The appropriate officer shall send to the Registrar a return of—

(a)subject to regulation 9, every judgment entered in—

(i)the High Court; and

(ii)a county court;

[lb1989]

May phone the court, although they’ve been less than helpful when I’ve tried calling them previously. If it’s 11th June -> 11th July it’s absolutely fine, and I could even pay the costs (£140) now. Wish the order was more specific in terms of dates etc. Checked my Equifax this morning and there’s no judgement on there - unless there’s another delay in that going on as well?

[Amethyst]

It shouldn't be registered until the month is up so it shouldn't show on your credit file until then in any case.

[lb1989]

Ahh okay, I thought it was registered straight away and could be removed if paid in full within a month! I’ll phone the court tomorrow and see what they say on dates.

[GBExile]

A serious lesson can be learned from this case.

Always turn up & respond exactly how the court has ordered. Regardless of what you think. Regardless of what your mates say or the claimant says.

Just do as ordered/instructed by the court & if you are not sure then seek legal advice.

This is just another win by default.

[lb1989]

I’m not sure what that means? I’ve not ignored any orders from the court at any point during this process.

[Amethyst]

No you haven't, it might have gone differently had you attended, and been able to argue your case, but you couldn't and you did right in informing the court in advance and asking them to hear it on the papers - the judge just found against you.

[lb1989]

I phoned the court earlier and was told the following:

• its a “silent order” (no dates for payment) which means it is 14 days from 11th June (not 24th May)
• no judgement registered with CRA until the claimant enforces the judgement, which they can’t do until the 14 days are up.

does that sound about right? Seems to be inline with the guidance you posted Amethyst?

I’ve emailed Moriarty today to ask if they are prepared to not start enforcement action until 4 days after the 14 day deadline as that gives me time to pay in full - hopefully they will say yes, I can’t imagine any reason why not as the judgement is still enforceable either way and I’m just asking for a small grace period?

[Amethyst]

That's good - and yes, they can't enforce until after 14 days - but even if they do, if it is paid within the month it will be taken off the register xx

[Amethyst]

Have you managed to get all this sorted now?

[lb1989]

Yes - they replied saying they would be unlikely to enforce before the 30 days were up and placed the account on hold. It’s now paid in full and closed off, no CCJ recorded.