CCJ procedure

[Guest]

One of my neighbours has had a CCJ awarded in her favour. The defendant asked for this to be set aside, but this was rejected at the hearing. The defendant then asked if he could appeal this decision. He as now asked my neighbour to accept a much lower payout, which she has so far refused. My question is, what is the time frame (if any) for this to be sorted?

[ploddertom]

How much is it for - broadly speaking?

[RoJo]

Roughly £3000.*

[ostell]

Has the defendant anything approaching that value that can be removed?* does the defendant own the house?* Is it worth it?

If it would be worth sending the bailiffs in then send it up to the High Court and the High Court Enforcement Officers (sheriffs) can handle it.* Contact one the the HCEO companies and they will handle the paperwork for you.

[RoJo]

His Home is valued at £750,000, He also has a business. He claimed to my neighbour that his home was a rented property, but the Land Registry lists him as the owner. He also told her that his vehicles were leased, though that may or may not be true!*

[ploddertom]

Does the Land Registry list any charges on it as that may be her best way of dealing with this. I get the distinct impression he won't pay as he knows the system.

[RoJo]

Thank You for your reply. There is a registered charge in favour of;- NatWest Bank Mortgage Centre, Dated August 2017. The property is quite new. I believe you may be correct in assuming that he knows the system, and is trying to avoid payment. Any advice would be appreciated.

[ploddertom]

You have to remember that just because a CCJ has been obtained against someone it is no guarantee the debt willt ever be paid. There are different methods of enforcement some of which have already been touched on. There is another that is worth considering - an Order for Questioning - whereby they can be summonsed to appear - failure to do so could lead to Contempt of Court. A debtor can be questioned about why they have not paid etc. Another could be to freeze their bank account but only do this if you are fairly certain they may have or are due money to the account.

More here https://www.hceoa.org.uk/faqs/other-...of-enforcement

[RoJo]

As previously mentioned, the debtor had said that he would appeal on hearing that his attempt to set-aside the CCJ. Is there a time limit on applying for such an appeal?*

[ploddertom]

Think the cost of doing so may put him off plus as far as I am aware he must find a point of law that the Judge failed to use. Normal process to apply is I believe 3 weeks and there again he would have had to have asked for permission to appeal. Others may know more about this than I do.

[RoJo]

Further to previous posts the debtor has now contacted my neighbour to offer a reduced amount in order to settle the debt. I don't think she ought to accept this offer, and she is not happy with it either. She has looked into the High Court Bailiff option but owing to the present situation it seems they are not carrying out their normal duties. Do you think that accepting the reduced amount and asking him to pay the remainder within a set period would be the way to proceed? Or is there a better alternative to pursue? Advice please.

[ploddertom]

I would say if the offer is for at least £2.5k then it may be worth considering, otherwise she could leave it until the current situation improves and go ahead with enforcement then. I would would also hazard a guess in that he probably does have the means to pay but is hoping to get a discount. If it is to go to an arrangement then I would also suggest it should be one agreed through the Court.

[RoJo]

Thank you for your assistance in this matter. My neighbour has been in touch this morning to inform me that the debtor has transferred an agreed amount into her bank account to bring an end to the issue. The advice given on this forum was passed on to her for her consideration. The amount received being over that which was considered to be the least she ought to accept. Thank you again and best wishes!**

[ploddertom]

I'm pleased to hear it has been reolved to her satisfaction and without any hassles - sometimes worth settling like this. Good Luck.