Help with n316 form UK

[Claimant2020]

Hey thanks for reading. Helping a family post online as they're not PC savvy.

Cut a long story short:

Rogue trader ruined elderly couple property. Also managed to take advantage of their disabled son and nab his savings through trickery. They took him to small claims court and won.
The Judge and experts ruled in the claimants favour on almost all points and awarded nearly the entire requested sum (under £10k). The defendant made the entire process difficult because he lied at every opportunity, even to the court under a statement of truth.

Once the Judge ruled in their favour, an award was given which was meant to be paid monthly by the defendant.
It was a small sum but the defendant agreed he could afford.
The defendant paid the sum late on the first few dates and then claimed to not be able to afford any more payments.
The defendant tried to renegotiate the CCJ and when the claimants refused and asked him to refer to the court he threatened to call the police and sue for harassment.

The family are now hoping to move on to the next stage but are unsure what to do. They cannot afford further legal council.

Right now they need advice with ....the N316 form :

Where does this form lead ?

what additional questions should they request are asked of the defendant at the Q&A by the court?

Should they pass along the defendants threats to the court ?

What are compelling reasons to request the Judge who issued the CCJ to attend ?

Should the claimants attend ?

How long does this process usually take from form to q&a ?

Who informs the defendant as we read that a bailiff had to serve the notice to attend?

What happens if the defendant doesn't attend?

Or if they refuse to answer at the q&a or cannot answer ?

What happens if they lie ...as they have apparently mislead the court not over 70 times including the defence and trial ?

Can these costs be recouped as they are now struggling financially?

Do the claimants need to hire an expert or something to delve into the defendants records?

What happens after the q&a?

Anything else they should know please ?


Sorry for all the questions but the claimants are not legally minded but they have managed to get this far and hope to see it to some kind of positive conclusion where they can rebuild or the defendant can be stopped from causing further mischief.
Please help if you can or direct them to someone who can...thank you.

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[Claimant2020]

anyone...is this the wrong place to post?

[R0b]

Where does this form lead ?
Nowhere. The form is used if the Claimant is uncertain as to the defendant's ability to make payment(s).

what additional questions should they request are asked of the defendant at the Q&A by the court?
That depends on what exactly you are wanting to ascertain. As per the information given on Form N316, there is a set list of questions to be asked which is set out in EX140. You should look at those list of questions and consider whether they are sufficient or if you need to ask more questions around his financial information or otherwise.

I wil send you a private message with additional questions or documents you might want the defendant to answer/produce.

Should they pass along the defendants threats to the court ?
No, it is simply an order to question the defendant about his current financial status. The defendant can make as many threats as he likes, they are entitled to enforce judgment and seek means of payment and contact will be inevitable. Of course, that doesn't mean you have the right to continuously harass him for payment, if he isn't paying up or ignoring you then you have to consider other means of enforcement.

What are compelling reasons to request the Judge who issued the CCJ to attend ?
Not many, and I can't think of any other than if the defendant has failed to attend on several occasions.

Should the claimants attend ?
If you want, but as far as I understand, it will be in the capacity as an observer only. Take down the answers to the questions, especially the additional questions in case the officer doesn't fully convey what was said by the defendant.

How long does this process usually take from form to q&a ?
Depends on how busy that particular court is.

Who informs the defendant as we read that a bailiff had to serve the notice to attend?
Not that I am aware of. CPR 71.3 says the Order must be served personally on the defendant not less than 14 days before the date he is required to attend and if you can't serve it then you inform the court not less than 7 days before the date. You can do this yourself, use a bailiff or some other process server but whoever served the order must file an affidavit with the court in accordance with CPR 71.5.

What happens if the defendant doesn't attend?
See CPR 71.8

Or if they refuse to answer at the q&a or cannot answer ?
See CPR 71.8

What happens if they lie ...as they have apparently mislead the court not over 70 times including the defence and trial ?
See CPR 71.8

Can these costs be recouped as they are now struggling financially?
What costs? This is a Q&A only, the recovery of the costs and monies depends on the defendant financially. The more information that can be gleaned from the defendant and production of any documents, the bigger the picture you build up as to whether it is worth pursuing.

Do the claimants need to hire an expert or something to delve into the defendants records?
Not really. Obviously if you start asking questions about his bank account information and what not then you are putting him on notice that you might swoop in and he could empty those accounts so you may need to be quick and get in there.

What happens after the q&a?
The court will send you the responses, but as above, it might be wise to attend so you can take your own notes rather than wait around.
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[des8]

If the defendant wants to vary the repayments he needs to apply with form N244.

[ploddertom]

If the defendant wants to vary the repayments he needs to apply with form N244.

N245

[des8]

..and with that it is not the defendant asking questions but the claimant.... oops, sorry!

[Claimant2020]

updated

[Claimant2020]

As follow up questions...

The family have worked out a list of additional questions to be asked as well as additional documents to be requested...

Q: Is there a limit to how many questions the judgement creditor can ask of the debtor via the court officer?

Q: Is there a limit to how many additional document requests the judgement creditor can ask for on the n316 form?
And does the debtor have to adhere to those requests?

Q: Presuming the debtor brings the requested documents will the court take copies and forward them to the judgement creditor / family or will they need to attend and take copies at the time ?

Additionally:

The debtor in default has requested to have his judgement reduced by 75% to an absurdly small amount though he admits he is working and making in excess of £1,500 a month.
Is it best to have the Q&A in court before agreeing to a reduction ?
As the debtor has a history of misinformation and lies and we believe his Variation of order.

Thank you again so much for any and all assistance.

Thank you for all this info It is really appreciated by all involved!