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Pursuing non payment

Re: Pursuing non payment

Postby atticus » Thu Dec 07, 2017 2:34 pm

He needs the piece of paper that contains the order of the court.
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Re: Pursuing non payment

Postby RJR » Thu Dec 07, 2017 4:17 pm

Do I need the written court order to proceed with enforcement?
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Re: Pursuing non payment

Postby atticus » Thu Dec 07, 2017 4:19 pm

How else will you be able to demonstrate that this company has been ordered to pay you money?
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Re: Pursuing non payment

Postby RJR » Thu Dec 07, 2017 6:35 pm

Judgement in the hearing is what I hoped would suffice but had an idea the written order was required as questioned in earlier posts. Would have expected judgement to be recorded somewhere online.
The deputy judge at the hearing anticipated that the order would not be sent in good time and instructed the defendant that payment was due within 14 days regardless.
Perhaps his solicitor has advised him that no payment is required until the court order is received?
Court administration is not working here in Plymouth - hopefully working better elsewhere in the country. I spent more than a day trying to contact the County Court Civil section and only got through to someone when I chose the family section option.

So atticus to summarise, I cannot proceed with any enforcement, County or High Court until the written court order has been received?
As the defendant was present at the hearing, does the judge's 14 days to pay stipulation still apply with no written court order received?
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Re: Pursuing non payment

Postby atticus » Thu Dec 07, 2017 7:19 pm

The second sentence is lacking a subject. Recording a judgment on line would still require someone to enter that record. The backlog of work would be no different.

The DDJ was correct.

Perhaps the solicitor will have given that advice. Perhaps not. Such advice would be incorrect.

Courts are being starved of funds countrywide.

Enforcement without the order having been prepared is going to be difficult. That does not prevent payment being made without enforcement. Have you written to tell them where to send the cheque or given your account details for payment?
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Re: Pursuing non payment

Postby RJR » Thu Dec 07, 2017 9:03 pm

Thank you for your input atticus

Yes, agree that online recording is likely to be as delayed as the written order but leaving judgement unofficial for delayed periods really does show how desperate the court situation is. Given the circumstances, general guidance to the people impacted would obviously help.
The defendant has my details - unfortunately he has had his head in the sand, judges words not mine, for over two years now - there is no excuse for non payment.
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Re: Pursuing non payment

Postby blig » Thu Dec 07, 2017 11:54 pm

Serve a statutory demand?
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Re: Pursuing non payment

Postby RJR » Fri Dec 08, 2017 12:31 pm

I think I will have to wait for the written court order which should arrived sometime in the new year.

Spoke to the court again this morning. I can apply for enforcement, County Court or High Court without a written court order for a fee of £255. Not sure where that figure comes from but they did check and confirm it. I happened to notice that the defendant also has 21 days from the hearing date to appeal - now that would be a spanner in the works particularly if it takes weeks to process his appeal. As he was totally relying on the advice of a solicitor throughout this process an appeal is entirely feasible. Not sure how the appeal process works but imagine that the initial judgement would require adhering to and my money paid before an appeal could be entertained.

Also contacted a High Court enforcement firm - [No names!]. A manager replied to my email very quickly but confirmed that they will require the written Court Order before proceeding and a fee of £66. They also assist with the N293A form which is very useful.

Time(too much of it) will tell if the defendant has the sense to pay before the written court order arrives.
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Re: Pursuing non payment

Postby atticus » Fri Dec 08, 2017 12:42 pm

I* think the Court office may be wrong, and the High Court Enforcement officer correct.

Have you written to the defendant since judgment to request payment?


*note the use of the pronoun to begin this sentence.
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Re: Pursuing non payment

Postby RJR » Fri Dec 08, 2017 2:04 pm

atticus wrote:I* think the Court office may be wrong, and the High Court Enforcement officer correct.

Have you written to the defendant since judgment to request payment?


*note the use of the pronoun to begin this sentence.


I have not contacted the defendant since the hearing. He has my address, email address and telephone number in the Court bundle, as well as numerous references from previous communications. The judge made a clear point that payment should be made within 14 days. The time for reasonable/helpful prompting has long since gone.

Apologies for my misuse of grammar - not personally a fan of the overuse of 'I', so try to avoid it. Although grammatically correct I would never use a comma before a conjunction.
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