Small Claims - challenging a judgement
Discussion
Does anyone know how you go about challenging a judgement?
The back ground is that we had a new bath room fitted and it was a total bodge. Tiling was rubbish, shower tray was fitted incorrectly, the shower doornwas mounted on wooden blocks etc.. Sonwe stopped the work and got other opinions. Sonhe ended up owing us about £2500 (replacement tiles etc..). He admitted this and agreed to pay in full come August.
This comes and passes so we issue a claim, he accepts he owes us. He then offers to paybut back at £1 a month and shows his income/outgoings.
There are multiple discepancies with this. His total annual income is £10k,and his figures work out as income £1 a month more than outgoings.
However, his monthly income is £980odd, but he is also able to pay £500 a month to overdraft/credit card that isn't mentioned in his outgoings. Which suggests he's taking muck. We appealed hjs payment offer, citung figures were junk and that he had told us, via email, he was able to pay in full.
The judge has agreed that £1 a month is acceptable. So now we need to appeal, were told to use an N294 form, but this us for without a hearing. I suspect if we go down this route it'll end up as it is (which means 200 odd years to get our money back). I want him questioned andbhis bank statements/cc etc.. Briught in as I think this will be our best chance at getting our money back.
How can I do this?
The back ground is that we had a new bath room fitted and it was a total bodge. Tiling was rubbish, shower tray was fitted incorrectly, the shower doornwas mounted on wooden blocks etc.. Sonwe stopped the work and got other opinions. Sonhe ended up owing us about £2500 (replacement tiles etc..). He admitted this and agreed to pay in full come August.
This comes and passes so we issue a claim, he accepts he owes us. He then offers to paybut back at £1 a month and shows his income/outgoings.
There are multiple discepancies with this. His total annual income is £10k,and his figures work out as income £1 a month more than outgoings.
However, his monthly income is £980odd, but he is also able to pay £500 a month to overdraft/credit card that isn't mentioned in his outgoings. Which suggests he's taking muck. We appealed hjs payment offer, citung figures were junk and that he had told us, via email, he was able to pay in full.
The judge has agreed that £1 a month is acceptable. So now we need to appeal, were told to use an N294 form, but this us for without a hearing. I suspect if we go down this route it'll end up as it is (which means 200 odd years to get our money back). I want him questioned andbhis bank statements/cc etc.. Briught in as I think this will be our best chance at getting our money back.
How can I do this?
I think you would be wasting your time and money to appeal this. The Judge has accepted the defendants financial information.
Your best bet would be to wait 12 months and then file for an increase in the monthly payment.
Alternatively just wait until he fails to pay one month and then file for immediate full settlement due to a breach of the court order.
Whatever you do you risk throwing more good money after bad though.
Your best bet would be to wait 12 months and then file for an increase in the monthly payment.
Alternatively just wait until he fails to pay one month and then file for immediate full settlement due to a breach of the court order.
Whatever you do you risk throwing more good money after bad though.
I've got that slightly wrong (been a while since I looked at the form).
Section 6, income = £1446
Section 7, expenses = £1445
But then in section 10 he lists £500 for credit card and over draft, but these aren't allowed for in his expenses section. He does say he's behind in them as well. So think we may be screwed.
Would him stating in writing that he can pay, in full, in Aug have no impact at all then?
Section 6, income = £1446
Section 7, expenses = £1445
But then in section 10 he lists £500 for credit card and over draft, but these aren't allowed for in his expenses section. He does say he's behind in them as well. So think we may be screwed.
Would him stating in writing that he can pay, in full, in Aug have no impact at all then?
Is the judgement against him personally, or a limited company? If the former, might be worth doing a Land Registry search on his home address. He's determined not to pay you back, so you are £2500 down, but you could possibly get a charge against his house. Then at some point in the future, you get paid out.
OP, there is something called an Oral Examination which you can apply for through the court.
Then the income and outgoings are gone through in front of a Judge, with you both there, at a hearing.
No idea of the cost or procedure as luckily never had to venture along these lines - but it may be worth a consideration.
Then the income and outgoings are gone through in front of a Judge, with you both there, at a hearing.
No idea of the cost or procedure as luckily never had to venture along these lines - but it may be worth a consideration.
jimKRFC said:
I've got that slightly wrong (been a while since I looked at the form).
Section 6, income = £1446
Section 7, expenses = £1445
But then in section 10 he lists £500 for credit card and over draft, but these aren't allowed for in his expenses section. He does say he's behind in them as well. So think we may be screwed.
You haven't understood Form N9A. Amounts in Sections 8. 9, & 10 are not supposed to be included in Section 7. I'm willing to bet his bank account (Section 4) is overdrawn as well.Section 6, income = £1446
Section 7, expenses = £1445
But then in section 10 he lists £500 for credit card and over draft, but these aren't allowed for in his expenses section. He does say he's behind in them as well. So think we may be screwed.
jimKRFC said:
Would him stating in writing that he can pay, in full, in Aug have no impact at all then?
According to your original post you included this in your rejection of his offer (per Form N225). Unfortunately the judge decided for whatever reason to disregard it.If section 7 is £1445 and Section 10 is £500 (what about Sections 8 & 9?), his total debts are well in excess of his income.
I strongly suspect that the reason for the £1 per week. The court will not order what it believes a debtor cannot realistically hope to pay.
So unless have proof of him having lied about his income and/or assets then, yes, you're pretty much screwed imo.
JustinP1 said:
OP, there is something called an Oral Examination which you can apply for through the court.
Then the income and outgoings are gone through in front of a Judge, with you both there, at a hearing.
No idea of the cost or procedure as luckily never had to venture along these lines - but it may be worth a consideration.
Oral Examination is a powerful tool and not understood, or even known about, by many creditors. See page 6 - http://hmctsformfinder.justice.gov.uk/courtfinder/...Then the income and outgoings are gone through in front of a Judge, with you both there, at a hearing.
No idea of the cost or procedure as luckily never had to venture along these lines - but it may be worth a consideration.
It is a preliminary step to enforcement to find out whether the debtor is actually worth pursuing. The fee is £50 - http://hmctsformfinder.justice.gov.uk/courtfinder/...
It is not normally invoked unless the debtor has defaulted on payment (even 1 day is technically enough).
Before going down that route read this - https://www.justice.gov.uk/courts/procedure-rules/...
The hearing will only be before a judge if: a) the judgement creditor requests it, and, b) the judge decides there are compelling reasons for him/her to allow it.
There is one important question that needs clarifying. Is the debtor self-employed? If so, he won't have a regular monthly income nor can the creditor apply for an Attachment of Earnings Order.
As he is living in rented accommodation I suspect he has ****** all assets. Unless he has a box full of cash* stashed under the bed.
* It's a pathetic joke that Form N9A doesn't even ask about this. Builders/plumbers and the motor trade are the two biggest sectors for cash-in-hand jobs.
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