High Court Writ Of Control but no CCJ

[Beleaguered]

Hi Amethyst,
are you able to advise please?

[charitynjw]

Hi

I'll give Amethyst a nudge for you

[Amethyst]

Sounds like just the counterclaim struck out and the main/original claim continues ? Costs awarded are the application costs (£255? Plus a hearing / attendance cost? )

There's no order for you to pay the original claim amount so, presumably, you also defended the claim ? If so then that claim continues - although I'm not sure why, If summary judgment on their claim wasn't awarded, the April hearing has been cancelled. Was that to be the full hearing of the claim and counterclaim ?

How much are they claiming from you ?

[Beleaguered]

Yes the April hearing was for the full claim and counterclaim. So does the claimant have to go back to court to get this payment enforced?
I think it’s perhaps an idea for me to request a transcript of the last hearing because I don’t understand if this is the end of the whole thing or if the claim will still be running.

[Amethyst]

Costs are usually payable within 14 days. So you need to make an arrangement with the claimant to do that.

Check with the court whether the original claim against you is proceeding. Tell them what the judgment says and that you're confused the hearing has been vacated if summary judgment wasn't given in the claimants favour. They should be able to tell you.

A transcript would assist ( and probably be interesting ) but seems an expense you can do without if you can find out by asking the court and/or the claimant what the position is.

[Beleaguered]

Just re-reading a statement of costs that the claimant sent prior to the last hearing and it appears it’s these admin costs for my counterclaim that I have been ordered to pay. However, the notice from the court does not give a date by which these costs have to be paid. Am I supposed to pay the court or the claimant and what happens if I don’t pay after 14 days?

[pt2537]

Hi Amethyst,
It says the counterclaim is struck out pursuant to CPR 3.4(2)c
The hearing listed in April is vacated
The defendants do pay the claimants costs assessed in the sum of £xxxx

sub section c is for failing to comply with a rule or order , have you posted the othersides application ?

[Amethyst]

Costs would be paid direct to the claimant and normally within 14 days of the order.

Not complying with a rule could possibly CPR/PD 16 on the counterclaim or could be the disclosure issue with the CCTV video. A look at their application would really help - did they include a draft order which also referred to 3.4(2)c ?

Maybe it would be a good idea to give us a very brief idea of what this is all about and the numbers involved. Personal Injury / Negligence cases have differing procedures / rules to say standard Debt claims, and fast / multi track has differing rules to small claims... so it's going to be guessing in the dark a little without the basics xxx

Can you get to a Citizens Advice and get a referral to a law centre to try get some support/help dealing with this where you are comfortable to discuss the issues involved ?

[Beleaguered]

Well I’ve heard zilch about this issue since March until I received a letter from Court Enforcement Services referring to a “”previous notice of enforcement sent to you n relation to the High Court Writ Of Control””. I never received the NoE they refer to and I’m really struggling to figure out how this has been referred to the High Court without me first receiving a CCJ or any request for payment from the claimant.
The letter says they are sending an Enforcement Agent to my home to take control of goods. I’m really scared.

[charitynjw]

Amethyst

ploddertom

Bump....the sheriffs are coming.

[efpom]

No - the purpose of a writ of control is to enforce a judgment. If there is no judgment to enforce, a writ of control is not a valid writ. I suggest, that given this, you might consider posting up the circumstances here.

[charitynjw]

Amethyst

ploddertom

Bump....the sheriffs are coming.

Or not! (Maybe?)
https://legalbeagles.info/forums/for...rol-but-no-ccj

[Amethyst]

There's a costs order - this can be enforced as a judgment.

The costs were payable within 14 days.

Did you check with the court what was happening with the original claim ? Has the hceo given the amount and is it close to the amount of the costs order or the full sum they were originally claiming ?

Did you check with the court whether summary judgment had been awarded to the claimant as it was not mentioned on the order ?

( I'll merge your threads )