Questions Regarding N316 form?

[Will2050]

I've won a judgement against a couple of defendants.

I'm filling in the N316 form.

1)
What to enter for the below questions:
Fee account no. (if applicable)
Help with Fees - Ref. no. (if applicable)
HWF- -
Appn no.

2)
After filling in the form, where should I send the form to?

The judgement was issued by the County Court Business Centre; should I send it back to them?

3)
There seems to be a fee of £50. How should I pay that? should I include a cheque the post to them?

[Amethyst]

Re: Questions Regarding N316 form?

Have you tried any other enforcement ? Has there been any contact from the defendants at all ? How long ago did you get the judgment ?
I assume this is a default judgment as it is still at Northampton Bus Cent.?

Help with fees - is only applicable if you have filed for fee remission

Fee account number - you won't have one ( it's for firms that have an account with hmcts because they make lots of claims )

App no. the court will complete that

Do fill in the name of court and the claim number though.

The court will sort out a N39 form for service on the debtor. They should also allocate it to a court local to the debtor.

Yes the fee is £50. You can either send a cheque, or you can call the court and pay over the phone by debit card ( you could also email the N316)

[Will2050]

Re: Questions Regarding N316 form?

Many thanks for your response.

I haven't tried any other enforcement. I'm speaking to a high court enforcement officer to send bailiffs - the amount is £20k so don't think they can collect enough goods.

Last time I spoke with them was last year in June or July. Defendants changed their phone, changed their address, one of them even changed his name, they stopped responding to emails so kind of escaping or ignoring me.

I don't want to approach them personally because they verbally and physically assaulted me last year and sweared to kill me!!! They have anger management issue and poor communication skills.

This is a default judgement yes. They didn't respond. I got a trace report after received the judgement and I realized that they live at a new address and one of them even changed his name! so I'm proceeding with the one who hasn't changed name. I could re-send the claim form and include their new address and new name but I didn't because they were sent to their last known address at the time of submitting the claim and receiving the judgement so they should be considered as "served" and re-serving is more costly and wasting time to go through the whole process again. They didn't tell me they had changed address although I had told them I'm taking legal action.

So I'm seeking to send bailiffs and Order to Obtain Information to their new address based on the Trace Report.

[wales01man]

Re: Questions Regarding N316 form?

Do you think they will pay if HCEOs are used if they are changing names changing addresses seems they will not be paying are you willing to pursue this.
If there are threats of violence have the Police been called

[Amethyst]

Re: Questions Regarding N316 form?

For bailiffs you will need a warrant of control first, but no I'd tend to agree with £20k getting them into court for questioning first is a good idea. If they tried to apply to set aside then that they were aware of the legal action and moved to avoid it will help defend any application ( though doesn't sound like they would bother trying)

Do they have any assets that you know of?

[Will2050]

Re: Questions Regarding N316 form?

Good question.

I don't think they will pay but I can't do nothing.

I went to the police on the day of the violence and assault and asked to arrest them. I came back home and my wife scared that if Police arrest them they will be more violent so I called police not to arrest them and they closed the case unfortunately.

Later I regretted it deeply that I listened to my wife and thought that I should have proceeded with arrest and criminal court but police said the case is closed and they don't reopen it again.

They stole our hard earned £20k (which was a loan money from remortgaging our house actually) based on some frauds and false claims then assaulted me.

So I've been shocked, heart broken, mentally and emotionally distressed since last year in April that it happened so have to do something. Even an unsuccessful bailiff or Order to Obtain Information...I don't have a high hope to get my money back just trying to do what I can do now.

One of the defendants who changed name started a Car Business called ... (He is the Director). He must have cars but they should be in his new name or business name which wasn't on the claim form.