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MCOL - What does 'Notification that DQ was sent to the defendant was removed' mean?

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  • MCOL - What does 'Notification that DQ was sent to the defendant was removed' mean?

    I have a small claims case against a former friend who owes me money. They did not submit their DQ to the court so I have successfully applied for default judgement and they have been issued with a CCJ. I have requested the money be paid in full by 20/12/2022.

    Below is the transaction history on my MCOL account. What does transaction 6 mean?

    Also, what happens now? If I do not recieve payment in full before 20/12/2022, I am able to enforce judgement (i.e. request High Court Enforcement Officers)? Is the defendant able to request monthly payments to avoid judgement being enforced?

    1. You submitted a claim on 10/07/2022.

    2. Your claim was issued on 11/07/2022.

    3. A bar was put in place for Mr *** on 01/08/2022.

    4. Mr *** filed a defence on 01/08/2022.

    5. DQ sent to Mr *** on 02/08/2022.

    *6. Notification that DQ was sent to Mr *** was removed on 20/08/2022.

    7. DQ filed on 09/09/2022.

    8. General sanctions order was made on 13/09/2022.

    9. The defence was struck out on 17/10/2022.

    10. The bar in place for Mr *** was removed on 17/10/2022.

    11. You submitted a judgement against Mr *** on 21/10/2022.

    12. Your judgement against Mr *** was issued on 22/10/2022.

    Thank you!
    Tags: None

  • #2
    Have you asked the court office what their entry means?

    Yes, you may enforce. Yes, your judgement debtor may ask the court to allow payment by instalments.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for your response.

      Originally posted by atticus View Post
      Have you asked the court office what their entry means?

      I phoned the MCOL helpline and they advised it just means the defendant did not return their DQ, however, this doesn't seem right as the court allowed the defendant extra time (submission deadline 16/10/2022) to submit their DQ due to postal strikes and a backlog of DQ's.

      Yes, you may enforce. Yes, your judgement debtor may ask the court to allow payment by instalments.
      The defendant has advised me they do not intend to pay in full by 20/12/2022. Do I still need to wait until 21/12/2022 to enforce judgement?

      Comment


      • #4
        A judgment debt is payable within 14 days. You will find that somewhere in the CPR.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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