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Pursuing non payment

Re: Pursuing non payment

Postby atticus » Fri Dec 08, 2017 2:37 pm

If you cannot be bothered to provide the defendant this information and reminder, then so be it.
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Re: Pursuing non payment

Postby RJR » Fri Dec 08, 2017 3:06 pm

atticus wrote:If you cannot be bothered to provide the defendant this information and reminder, then so be it.


It is inappropriate for several reasons, certainly not a case of not being bothered. When the written court order is eventually received I will 'send in the bailiffs'.
Looking forward to employing [No names!] for this service based on their prompt and courteous communication.

I will report back as suspect that there may be others in a similar situation who may benefit.
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Re: Pursuing non payment

Postby atticus » Fri Dec 08, 2017 4:21 pm

I cannot see why it is inappropriate to remind a judgment debtor of how and where to pay.

I see that the cat of the name is out of the bag!
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Re: Pursuing non payment

Postby RJR » Fri Dec 08, 2017 5:05 pm

I did not realise there was a no names policy on this forum; my apologies. You may want to remove the other reference to the company further up in the thread. I have no connection by the way - just astounded by the courtesy of a timely, polite and informative response.

The defendant has never responded to any communication so a helpful prompt is entirely pointless. He has caused me hardship and inconvenience as well as burdened me financially and wasted my time. Surprisingly, he made the trip from Coventry to Plymouth to attend court, breathing alcohol fumes. Perhaps I should invite him around to my house to join me at Christmas too:-)
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Re: Pursuing non payment

Postby atticus » Fri Dec 08, 2017 5:35 pm

It can be helpful to have letters making requests on the record. You may know that they will not be answered, but if you don't write them you cannot show that the request was made and not answered.

An unanswered request can be more telling in the mind of a decision maker than no request.
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Re: Pursuing non payment

Postby RJR » Fri Dec 08, 2017 5:53 pm

Good point, thank you.
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Re: Pursuing non payment

Postby RJR » Wed Feb 28, 2018 2:01 pm

High Court enforcement was necessary and I thoroughly recommend it to anyone in a similar situation. The firm employed handled the matter professionally and courteously throughout.
Unfortunately the defendant and his solicitor made the process much more difficult and costly than it needed to be.
The enforcement process starts slowly with an opportunity for immediate payment to save officers visiting the company. I talked to the defendant's solicitor when she called me and spent time getting the relevant information to her to facilitate payment before the enforcement deadline.
The deadline arrived without payment. Enforcement officers visited the company premises forcing the defendant to appear and the debt was discharged when the third of three BACS payments was made.
Sometimes a sledge hammer is required to crack a nut.
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