confusedbythelegalsystems
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Everything posted by confusedbythelegalsystems
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Ok, hopefully I can work it out! Thanks so much for your steer, really appreciated. Hopefully it'll all be fine and I can transfer the case to Scotland, engage a sheriff and actually see some of our money!
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N1? I'll have to check the paperwork when I get home. Is the issuing date specified by the court?
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What is the date I issue the claim? Surely it was issued as soon as the judgement was made? I want the interest to continue accruing until the day the Debtor pays so that he makes up for the interest I've clearly lost while he's not been paying. That's the bit I don't get - how does one define the period in which interest owed, if the end date i.e. when the claim is settled, isn't known?
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Thanks again Andy. I'll attempt to pull the forms together tonight ready for issuing to the court. Any ideas how I calculate the interest due? (Maths was never my strong point!) And we engaged a debt collection agency (who were pretty hopeless) at a cost of £120, can I add their charges onto the judgement? Tim
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Hi Andy, Sorry for the delay in replying - had a horrible virus! Thanks for your detailed reply, really useful. A few questions though as I've started drafting the N244 and Form 111... N244 * Question 3 - What order are you asking the court to make and why? I have inserted your words '...the judgement remains unsatisfied...etc' - is this right? * Question 5 - How do you want this application to be dealt with? I'd rather avoid a hearing as it'll mean more time off work. Do you think the court would accept either a telephone hearing or 'without a hearing'? Do I need to get the defendant to agree to this also? Form 111 * Presumably I draft Form 111 and send it to the court to ratify? What if I get any details wrong (which I hopefully won't!)? * Any idea what I insert in the box 'In the'?! Your section 2 above 'Written evidence...' - * Should this information be included with form N244, Form 111 or within the cover letter? * © The judgement was for £741 (if I recall - don't have it to hand right now). Should I attempt to calculate the additional interest from the date of the judgement, or just state the rate, if I can work out what that is? * (c-i) 'The date from which it is recoverable' - presumably that's the judgement date? * (c-ii) 'The date on which it ceases to accrue' - I didn't realise there was such a date!? It's not stated anywhere... * (e) How would I know whether the time for appealing has expired or will expire? I've not seen this anywhere. * (f), (g), (h) Presumably I only notify this if an appeal has been filed, which it hasn't (to my knowledge)? Do I need to send the defendant copies of N244 and Form 111 also? Really appreciate your help. Regards, Tim
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Thanks andyorch. I've read the link and it has some useful content, but it's from the perspective of the defendant, not the claimant...
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I hope you can help! We asked a chap and his band to play a ceilidh at our wedding in 2011 and, long story short, he managed to extract more money from us than he should have and didn't fulfill his contract. We went through the small claims process and have a CCJ against him for approx £740, but he as never paid (and so I assume more interest has accrued?). We engaged a debt recovery agency, who also failed to collect any money (more money down the drain). As he lives near Glasgow, we now want to transfer the CCJ and register it in Scotland so that we can use local sheriffs/messenger-at-arms. However, we are debating whether to raise this and obtain a High Court writ, but I can't establish if this is valid or holds more weight in Scotland, like it does in England. It's also difficult to get a straight answer on how to transfer the CCJ to the Scottish register. So, I think the questions I have are: * How do you transfer a CCJ to Scotland? * What forms are required? * Who generates the forms - me or the local court (Barnet County Court, in this case) * Is it worth trying to get a High Court writ before transferring, or after? * Will we still have to pay more good money to sheriffs/messengers-at-arms in order to chase our money? This, obviously, has left a stain on our memory of our wedding (as my wife keeps reminding me) - we only want our money back and for him to learn that he can't rip people off and get away with it, particularly when it comes to wedding gigs! Any advice will be appreciated.
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