Judgement for Claimant (in default)
Discussion
I'm struggling with HMCS at the moment. Their 10 days to respond is more like 40!
I applied for, and obtained a default judgment, against a commercial tenant for rent arrears and costs of forfeiture of their lease. The Judgment for Claimant issued by HMCS though is addressed to the claimant not the defendant. The Judgement states in its text " You did not respond to a money claim ...." so it is clearly meant for the defendant. So I received this Judgment in the post. It does state claimant and defendant in the top right hand corner though.
I also received what I assume is meant to be the claimants copy, this was a copy of the judgment on the reverse of the page with only my address on it.
I emailed HMCS explaining all this, but after 40 days they stated the judgment is correct and closed the correspondence. I have now emailed them again asking that they look at it again.
Am I going crazy? Am I wrong? I can't see how I can pass the judgment to a bailiff to secure collection if it's addressed to me!
I applied for, and obtained a default judgment, against a commercial tenant for rent arrears and costs of forfeiture of their lease. The Judgment for Claimant issued by HMCS though is addressed to the claimant not the defendant. The Judgement states in its text " You did not respond to a money claim ...." so it is clearly meant for the defendant. So I received this Judgment in the post. It does state claimant and defendant in the top right hand corner though.
I also received what I assume is meant to be the claimants copy, this was a copy of the judgment on the reverse of the page with only my address on it.
I emailed HMCS explaining all this, but after 40 days they stated the judgment is correct and closed the correspondence. I have now emailed them again asking that they look at it again.
Am I going crazy? Am I wrong? I can't see how I can pass the judgment to a bailiff to secure collection if it's addressed to me!
Hopefully you'll get this paid. If not get onto these guys
https://dcbltd.com/
It'll cost you £70 up front to do the paperwork but they'll recover that + their fees from your debtor. Used them to collect on a default CCJ (won't pay rather than can't pay) last year and they are very effective.
https://dcbltd.com/
It'll cost you £70 up front to do the paperwork but they'll recover that + their fees from your debtor. Used them to collect on a default CCJ (won't pay rather than can't pay) last year and they are very effective.
Rufus Stone said:
Thanks.
I've given the debtor until the end of the month before I take enforcement action. I'm not expecting them to pay up to be honest.
If I were you I'd instruct the company I referenced now. The deal is they have to escalate the CCJ to the High Court before they can enforce. It's just a paperwork issue that goes through on the nod but took a few weeks in my case, backlog at the court etc. There's also another 2 week delay when they have to inform the debtor of the High Court action and give him chance to respond - which he presumably won't. So you're looking at 6 weeks + the month you're giving him. I've given the debtor until the end of the month before I take enforcement action. I'm not expecting them to pay up to be honest.
For the sake of 70 quid get the ball rolling now. In my experience people who let themselves get default CCJs don't suddenly see the light and pay up.
Hope it works out for you.
jonsp said:
Rufus Stone said:
Thanks.
I've given the debtor until the end of the month before I take enforcement action. I'm not expecting them to pay up to be honest.
If I were you I'd instruct the company I referenced now. The deal is they have to escalate the CCJ to the High Court before they can enforce. It's just a paperwork issue that goes through on the nod but took a few weeks in my case, backlog at the court etc. There's also another 2 week delay when they have to inform the debtor of the High Court action and give him chance to respond - which he presumably won't. So you're looking at 6 weeks + the month you're giving him. I've given the debtor until the end of the month before I take enforcement action. I'm not expecting them to pay up to be honest.
For the sake of 70 quid get the ball rolling now. In my experience people who let themselves get default CCJs don't suddenly see the light and pay up.
Hope it works out for you.
If the HCEO's can't recover payment then it will be classed as an abortive execution. OK, you've only lost around £90, but there's the delay to take into account as well.
How much is the judgment for? There may be better alternatives, depending on the amount.
Pro Bono said:
High Court enforcement will only work if the tenant has goods that would easily satisfy the value of the judgment. Unfortunately, HCEO's now have to give notice of their intention to visit, so any debtor with more than one brain cell will simply remove any items of value before the HCEO's arrive.
That's unfortunate, but would the client really move all their building supplies, computers and furniture out for the day? I'm with jonsp; give it a go.Simpo Two said:
That's unfortunate, but would the client really move all their building supplies, computers and furniture out for the day? I'm with jonsp; give it a go.
Exactly. The HCEOs don't tell you the day they're coming - for obvious reasons. They're only obligated to say we've escalated to the High Court and we'll be coming to see you at some point. Debtor might think oh they won't bother. For a £7.5k debt against a business that must have stock, presumbly vans + computer kit etc they'll come out pretty quick.
Forgot to mention if you use DCBL they have to hold the money for 14 (calender not working) days before they release to you. Another reason for the OP to get the ball rolling ASAP.
Edited by jonsp on Wednesday 18th February 10:59
jonsp said:
xactly.
The HCEOs don't tell you the day they're coming - for obvious reasons. They're only obligated to say we've escalated to the High Court and we'll be coming to see you at some point. Debtor might think oh they won't bother. For a £7.5k debt against a business that must have stock, presumbly vans + computer kit etc they'll come out pretty quick.
Forgot to mention if you use DCBL they have to hold the money for 14 (calender not working) days before they release to you. Another reason for the OP to get the ball rolling ASAP.
That sounds more like it.The HCEOs don't tell you the day they're coming - for obvious reasons. They're only obligated to say we've escalated to the High Court and we'll be coming to see you at some point. Debtor might think oh they won't bother. For a £7.5k debt against a business that must have stock, presumbly vans + computer kit etc they'll come out pretty quick.
Forgot to mention if you use DCBL they have to hold the money for 14 (calender not working) days before they release to you. Another reason for the OP to get the ball rolling ASAP.
Edited by jonsp on Wednesday 18th February 10:59
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