Default judgement - has somebody made a mistake?

[Amethyst]

If the hearing fee isn't paid it should be struck out automatically. You don't have a hearing fee to pay as you already have a judgment in default. That would work out best really as then you can just go to enforce your £3k default judgment with least hassle ( until/unless he tries set aside/relief from sanctions(the strike)) Your solicitor should be on top of this though and really it's waiting to see re the hearing fee. Give court a call a couple days after it was due to be paid and ask them though, might encourage a strike quicker than just waiting for it to reach the top of the backlog.

Re the rest... less care is taken by the courts in dealing with small claims cases pre hearing than you'd hope/think/want.

[Ryan Bristol]

When enforcing you want to transfer it to the high court for enforcement, which will cost you £66. If you know his real address you can give it to the high court enforcement officers and they will attend there to recover the debt. Judgement doesn't have to be enforced at the address written on the judgement, although turning up at their house threatening ti seize goods to the value of £3K might make him be forth coming to the HCEO about his real address or pay up to avoid distress/grief to his parents.

Thanks. The solicitor found his current address a few months back, but when I searched it recently I saw that it was let again recently, so I presume he has moved. Hopefully my solicitor can find him again. He has also set up a limited company now, but was a sole trader previously.

I thought I read something a while back, which said that if the address you had given to the court was sufficiently far back in your residential history, the CCJ may not appear on your credit file. Is that correct?

If the hearing fee isn't paid it should be struck out automatically. You don't have a hearing fee to pay as you already have a judgment in default. That would work out best really as then you can just go to enforce your £3k default judgment with least hassle ( until/unless he tries set aside/relief from sanctions(the strike)) Your solicitor should be on top of this though and really it's waiting to see re the hearing fee. Give court a call a couple days after it was due to be paid and ask them though, might encourage a strike quicker than just waiting for it to reach the top of the backlog.

Re the rest... less care is taken by the courts in dealing with small claims cases pre hearing than you'd hope/think/want.

Thank you. I will do as you advise. I suppose if he hasn't paid it by the due date, it shows that he very likely is not intending to pay it at all, even if the court would probably give him a bit more time.

[jaguarsuk]

I thought I read something a while back, which said that if the address you had given to the court was sufficiently far back in your residential history, the CCJ may not appear on your credit file. Is that correct?

No matter how many times you move between the date of the judgement and six years after the date of it, the judgement should still appear on a credit file. After 6 years whether you have moved or not it will fall off the file.

[Ryan Bristol]

No matter how many times you move between the date of the judgement and six years after the date of it, the judgement should still appear on a credit file. After 6 years whether you have moved or not it will fall off the file.

Thanks. What I thought I read was that if, for example, he last lived at his parent's address in 2012, but gave that address to the court, the CCJ might not find it's way onto his credit file.

If I do have problems with his address, I think it might be fairly easy, due to the nature of his work, to effect service of an order for questioning.

Might that be appropriate?

[jaguarsuk]

Thanks. What I thought I read was that if, for example, he last lived at his parent's address in 2012, but gave that address to the court, the CCJ might not find it's way onto his credit file.

If I do have problems with his address, I think it might be fairly easy, due to the nature of his work, to effect service of an order for questioning.

Might that be appropriate?

I wouldn't bother, I'd find our where he lives if possible and if not send the HCEO's to his parents as the address he's given. It's up to his parents to either pay up or get him to sort it out.