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northwestbloke

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Everything posted by northwestbloke

  1. Just a quick note to say I received the cheque from HCE and it's now cleared my account. The legal department of the insurance company in question have since been chasing me to confirm in writing that the debt is satisfied so they can get it removed as a black mark on their record. I did email but had to put that it was subject to clearance of the cheque. I can't say I'm all that inclined to be helpful and quickly forthcoming given how slow they were, but all's well that end's well I suppose. Anyway, I said I'd reveal who it was once it was all settled. It was Royal & Sun Alliance Insurance plc, Parkview House, Victoria Road South, Chelmsford, Essex CM1 1NG. The date of the judgement was 29th September 2015.
  2. Well, the time expired and the job was passed to an Enforcement Agent on Saturday. When I spoke to him this afternoon he'd been looking forward to the job and was going to it as his first job this morning. On his way, however, he was notified that the Defendant had paid up in full. HCE have now confirmed that they have the total amount of my judgement, a statutory £111.75 (which effectively includes a reimbursement of the £60 fee I pre-paid to have the matter moved up to the High Court) and £80 in interest. However, they're bound to keep hold of it for 14 days before sending it to me. It's fair to say I'm happy with the outcome and the process itself wasn't too arduous (it would have been a lot different if the Defendant had decided to respond and could perceivably have counter-claimed too). I'll reveal who it was once I've banked the cheque. For now, I just need to dispose of the damaged vehicle that's been in storage for over 6 years.....
  3. Thanks. By way of an update, the High Court Writ has been obtained and HCE have written to the company concerned giving 7 days (working days plus 2 days postage - so nearer 2 weeks in reality) to pay up otherwise enforcement officers will visit.
  4. As I understand it, they can take whatever they want until they estimate they have enough stuff that can be auctioned to realise enough to pay the debt and their fees. This relates to a non-injury road accident I was involved in with a driver whose motor insurance cover was provided by the company in question. I chose not to claim via my own insurance (though I notified them, as one is required to do) and claimed directly off the other driver's insurance company. In normal circumstances it's difficult to prevent the other driver's insurance company from finding out who one's insurance is provided by (in order that they can deal directly with one another over the incident/claims), by virtue of the fact that vehicle details are required to be entered on the MID (Motor Insurers Database), but in my case cover was provided under the umbrella of an "any car" policy and whilst there is a minimum period after which it is mandatory to log a vehicle's details on the MID, in this case I hadn't had the vehicle long enough, so it wasn't on it. Hence, due to my large excess (four figures) and full but non-protectable NCD (which would likely also have meant a significant 4 figure increase to the following year's premium - unless liability was settled as 100% the other driver's fault, which he disputed), rather than claim via my insurance I set about claiming directly off the other driver's insurance company. They could have settled ages ago, but they didn't and I didn't chase it until the 6 year limit for bringing a claim was looming. As mentioned already, I wrote by recorded delivery and they ignored it, they also seemingly ignored the court claim, the result of which is that I now have judgement against them. They haven't yet applied to have it set aside and the next steps are to get the High Court Writ and then the enforcement officers will be knocking on their door (and yes, I did check their address to which I issued the claim was still current and correct, so there's no excuses for them not knowing about it). Can they apply to have it set aside when there are enforcement officers present at their premises?
  5. Thanks everyone. The 30 days is nearly up and today I've instructed High Court Enforcement, based on the recommendation of a solicitor who's been dealing with a personal injury claim for me (I came off a motorbike a few years ago, small incident but fractured arm etc). I had also googled The Sheriff's Office for reviews and there weren't many good ones (from the point of view of a claimant i.e. their customers). The first step is for me to pay the £60 fee to have the case "moved up" to the High Court by the solicitors that HCE use, then they'll go and collect on the debt. If they're unsuccessful they charge a £75+VAT Compliance Fee (both TSO and HCE charges were identical - maybe they're regulated fees) - although that's unlikely in this case of course, being a multi billion pound business. I probably should have instructed HCE weeks ago, although it might provoke the Defendant to apply for it to be set aside and I'm told that the longer they put off applying, the less chance of the court approving such an application. Whatever the case, I can't turn back the clock and I've instructed as of today. I'll let you know how things go.
  6. Thanks for your replies. What I received in the post from the court is a "Notice of Judgment Entered" - it has my Claimant details top left, and the claim number, Claimant, Defendant and Date in a box on the top right, then for the judgment details below everything it just states "In accordance with your request, judgment was entered against the defendant on the 30th September 2015." - the rest of the page is blank (except for a standard footer with MCOL's details). So, there's nothing about "setting aside" or appealing the judgment - but please let me know what action the Defendant can take. When I called the court service for advice previously they said that the defendant has up to 30 days to pay up, but I could still go ahead immediately and apply for a "high court writ" and I was directed towards the http://www.hceoa.org.uk I also found forms EX325 (which doesn't apply in this case as far as I can tell, but worth mentioning in case it's relevant to anyone else finding this thread) and EX321 (which seems to apply mainly to enforcing orders against individuals, not businesses) and EX322 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex322-eng.pdf which refers to getting a High Court Writ using form N293 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf Part 1 of that form N293 is quite clear, part 2 is for the court to complete, but I'm not sure who fills in Part 3 as it asks for a High Court Enforcement Number which I obviously don't have yet. It also looks like I need to specify a High Court Enforcement Officer or I can just specify the region (so presumably the court appoints an appropriate HCEO). I'm still not entirely clear what I should do next. It looks like either get advice on using form N293 or otherwise to employ a HCEO to handle it all for me (whilst making sure I'm not liable for any fees). Does that sound about right?
  7. Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday. The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000. So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously). Thanks in advance for any help.
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