Judgement query

[richje100]

Hi, Can I have some advice please.
Money claim online done and was road to add any trading names of the business so I did.... .mr Joe blogs t/a blogs repairs.

Fast forward to beginning of march had final hearing which defendant didn't turn up (didn't turn up for anything throuought or engage apart from respond to initial claim notification online).

I was awarded a judgement where judge said this will impact him financially such as credit etc.... and he has 14days to pay when he gets the letter.

Both received the letter says I'm awarded the sum of £xxxx. The letter has at the top me and Joe blogs t/a blogs repairs. In the boxes to the right says me as claimant and defendant as Mr Joe blogs.

Hes told me he'll pay 50 a month on the 1st and not received it today and he's said he's closing the business.

I've told him that it's irrelevant closing the business as sole trader not limited company so debt will still be owing and that I will take further.

He said there's no ccj against him as he's checked his credit file. He also said any judgement or ccj will be against blogs repairs and not him.

Here's my questions.

Who's right about the name ?

Why wasn't the judgement a ccj but instead a judgement order?




Thanks.

[atticus]

ccj = county court judgement. That is what the "judgement order" is.

What means of enforcement have you tried so far?

[richje100]

Hi, so far he contacted me when he had the letter and said he wants to pay but can only do instalments so i agreed to the amount he said he can afford. This was about 2weeks ago and said he will set up a standing order 1st of each month starting February. Been messaging today that it is set up and showing as pending from his end - no sign of it yet.

The lady in the court when I called said because its not a default judgement which would have meant a recorded ccj i have a judgement order which is not a ccj i have to apply to the court to enforce the judgement to make it a ccj then back to court again to have bailiffs, etc....
I'll post the letter in a few minutes after covering the data

[richje100]

[atticus]

Ask the court to add it to the register of unsatisfied judgements.

[richje100]

Oh can they do that? Thought I would have to complete a form and send a fee again to enforce it using other means.

[atticus]

Yes, if you want to enforce by other means.

Registering a judgement is not enforcement: it does not directly lead to your being paid. If the judgment sum is more than £600, consider getting High Court Enforcement officers involved.

[richje100]

Thanks. I'm just surprised that there is nothing on the register for him as I was led to believe when the judge awarded me the win.
I paid £8 this morning to even check for myself.

if i can request the court to add it to the register why wasnt it in the first instance?
and also am I right in saying that whether he shuts his business the debt is still his as he's a sole trader even if the court papers state Mr Joe blogs t/a blogs repairs?

[atticus]

Q2: yes.

[richje100]

Court has said that if he defaults then I approach them to enforce the order which then gets recorded on his credit file. Once recorded i can then take further action bailiffs, charge etc....

[jaguarsuk]

Court has said that if he defaults then I approach them to enforce the order which then gets recorded on his credit file. Once recorded i can then take further action bailiffs, charge etc....

He has defaulted, he failed to pay the judgement within the 14 days ordered and he has failed to pay the alternative agreement to pay you made with him. He defaulted yesterday and the wheels should now start turning on this.

In terms of enforcement if you make an application for a Warrant of Control (County Court) or Writ of Control (High Court for judgements over £600) the cost of that application is added to the value of the judgement, so whilst you have to pay now to escalate enforcement you would get that back in the end (assuming the Bailiff or High Court Enforcement Officers can get him to pay).

If it was me, I'd advise him that I'm intending to apply for enforcement, but you want to give him the benefit of the doubt before making his situation worse. Ask him to show you a screen grab of the payment and it's status and explain what he's doing to try to resolve it?

If his answer isn't satisfactory then you know he's just stalling and to get on with enforcement.

[richje100]

Thanks for the reply. He made his first £50 instalment today and I've checked with my bank and he has set it up as a standing order so hopefully he continues.

[richje100]

I agreed to instalments because he said if it goes back to the court he would not be able to pay anything and would be less so I gave him benefit of the doubt and so that I'm seen as being reasonable.

[jaguarsuk]

Glad it has all been resolved and he’s now paying, you did the right thing being reasonable, not just for how it looks to court. He owes you money, but he’s clearly not having the best of time right now.

[atticus]

Good news that the money has started to come through.