County Court Judgement (and N9A Notice of Admission)
Discussion
I issued a claim to a previous client in respect of monies owed to me of circa £15,000.00. The monies fell due at the start of March, and he advised me he was having cashflow issues, which I believed, so offered a payment plan which effectively spread the payment until the end of April, under strict guidelines that any failure to honour this plan would result in me enforcing the judgement.
The payment plan failed at week 1 when he failed to make the payment scheduled in full, citing further cashflow difficulties.
I have today recieved the N9A (admission form) from the company in question, confirming the monies are owed, but have now stated due to ongoing cashflow issued they can only offer payment in full on 30th April 2021. They have advised they hope to be able to make payment earlier than the 30th April, but cannot promise this.
I have credit insurance in place which would seem to indicate as they have already defaulted on a payment plan then I have to seek judgement, ie not accept the proposed payment date. I however understand if I decline the proposal payment date, the court can propose thier own payment plan which could be fundamentally worse for me if they give them months to pay rather than weeks. Would however the company get a CCJ against them until such time the balance is settled ?
The payment plan failed at week 1 when he failed to make the payment scheduled in full, citing further cashflow difficulties.
I have today recieved the N9A (admission form) from the company in question, confirming the monies are owed, but have now stated due to ongoing cashflow issued they can only offer payment in full on 30th April 2021. They have advised they hope to be able to make payment earlier than the 30th April, but cannot promise this.
I have credit insurance in place which would seem to indicate as they have already defaulted on a payment plan then I have to seek judgement, ie not accept the proposed payment date. I however understand if I decline the proposal payment date, the court can propose thier own payment plan which could be fundamentally worse for me if they give them months to pay rather than weeks. Would however the company get a CCJ against them until such time the balance is settled ?
PS: Even default judgements have to be requested. For default judgments, see part 12 of the CPR. For admissions and time to pay, see part 14. When looking at the CPR, you should also read the Practice Directions - there is usually at least one that accompanies most of the parts. They are all on the main MoJ CPR website and are for the most part fairly clear.
Hobo said:
I have credit insurance in place which would seem to indicate as they have already defaulted on a payment plan then I have to seek judgement, ie not accept the proposed payment date. I however understand if I decline the proposal payment date, the court can propose thier own payment plan which could be fundamentally worse for me if they give them months to pay rather than weeks. Would however the company get a CCJ against them until such time the balance is settled ?
What have your credit insurers told you to do? Ours are so prescriptive, to get payment we have to follow their instructions pretty much to the letter they tell us what to do through out the entire process. Insurers have said to seek judgement on the basis previous payment plan has been not kept to.
I know the company quite well, and understand they are having cashflow issues (which I appreciate are their issue, not mine), but don't want my insurance pulling either. I was just wanting to know whether when a payment plan is put in place by the court, or they court say the 30th April is acceptable, will the company still get a CCJ which will be removed once paid, or will they not get a CCJ on the basis on an agreed plan ?
I know the company quite well, and understand they are having cashflow issues (which I appreciate are their issue, not mine), but don't want my insurance pulling either. I was just wanting to know whether when a payment plan is put in place by the court, or they court say the 30th April is acceptable, will the company still get a CCJ which will be removed once paid, or will they not get a CCJ on the basis on an agreed plan ?
Well, seemingley the courts don't mess around in issuing judgements.
I requested judgement over the bank holiday weekend in relation to the client debt I started the topic about, and it is showing on the moneyclaim site as being issued at 7.35pm this evening.
Wonder how long it takes to now show on the relevant credit agencies software. I use CreditSafe, and monitor all my clients, so will no doubt get a notification once they are aware of it, at which point I suspect I will recieve an email or text from the company owner expressing his dismay. I've warned him throughout the process, but don't think he actually thought it would happen.
I requested judgement over the bank holiday weekend in relation to the client debt I started the topic about, and it is showing on the moneyclaim site as being issued at 7.35pm this evening.
Wonder how long it takes to now show on the relevant credit agencies software. I use CreditSafe, and monitor all my clients, so will no doubt get a notification once they are aware of it, at which point I suspect I will recieve an email or text from the company owner expressing his dismay. I've warned him throughout the process, but don't think he actually thought it would happen.
Flibby said:
I'm not sure what you mean by issued in this context, but the courts generally take a few weeks more than that to enter a judgment on the register. I dont deal with MCOL but I assume that the judgment is just showing as "requested'.
This is presuming that you issued for a fixed sum.
No...This is presuming that you issued for a fixed sum.
It was noted as 'requested' on 02/04/21 @ 6.20pm
It was then noted as 'issued' on 06/04/21 @ 7.35pm
Taking into account I requested the judgement over the bank holiday weekend, I did not expect them to issue it so quickly.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff