Help required to enforce a ccj

[AdvS1]

Hello there,

 

I’m a new person here and this is the first time I’ve posted on the CAG forum to ask for advice.

 

I’d like to give you a scenario of my situation.

 

In May 2004 I was awarded the following against a defendant in the Central London County Court. The terms on the judgement or order stated the following:

 

“ IT IS ORDERED THAT

 

The defendant do pay the Judgement debt and costs at the rate of £100.00 per month. The first instalment on 4th May 2004.

The costs of this application be claimed in the sum of £100.00 be added to the debt.”

 

 

Background Information

 

* The award was £9,071.50 including charges.

* Current balance owing as at Sunday 28th June 2009 is £3,236.50

* Payments made of £5,835.00 included cheques and since 28th Feb 2007 to 27th March 2009, monthly credits of £100.00 were made directly to my bank account.

 

The defendant stated that she could not afford to pay, so her son was paying the debt and his name was on the description for the monthly bank credits to my account.

 

In August 2006, they stopped paying and gave no reason(s) for doing so. A letter was sent to the defendant to maintain their ordered payments. They paid the stated amounts.

 

In February 2007, I had to send a second letter to the defendant to maintain their ordered payments, as they had stopped paying again and gave no reason for doing so.

After they received that letter, they made automated payments from 28th Feb 2007.

 

The defendant’s last payment was on the 27th March 2009 which was paid directly into my bank account.

To date, £2,800.00 had been paid by monthly bank credits.

 

**April 2009 and May 2009 monthly payments of £100.00 were not received.

 

Now with April 2009 and May 2009 payments being outstanding (and possibly June 2009), they have breached the County Court judgement for the third time.

 

The Judge stated that the defendant would have to pay for the whole amount if they breached the judgement.

 

I want to enforce for full payment of the outstanding amount of £3,236.50.

 

However, I’m unsure of the steps for this to happen.

I was thinking along the lines of asking for the court to summon the defendant to be questioned about this breach.

 

I would be very interested in receiving guidance to my next steps and also what to include/write in my letter to the County Court, where the original hearing took place.

 

 

Thank you in advance.

 

 

Regards,

AdvS1

[cerberusalert]

A judgement of a County Court may be enforced in a number of ways:

by warrant of execution issued by the district judge against the debtor's goods which can then be seized. However, such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally by him in his employment or business, and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family, are protected from seizure;

 

by making a charging order imposing a charge on any such property of the debtor as may be specified in the order;

 

by the appointment of a receiver;

 

by an attachment of earnings order. This is an instruction by the court to the debtor's employer to make deductions from the debtor's earnings and pay them to the court. Whenever an employer makes a deduction from the debtor's earnings, he may also deduct £1 towards his administrative costs and he must give the debtor a written statement of the total amount deducted. If the debtor changes his employment or becomes unemployed, the order will not come to an end but will lapse until re-directed to a new employer. 'Earnings' includes overtime payments, fees, bonuses and commission.

 

by making a garnishee order, where a third party (the garnishee) is ordered to pay to the creditor a debt he owes to the debtor.

[AdvS1]

Hi Cerberusalert,

 

Thank you very much for your reply.

 

I no longer have direct contact with her or her son since April 2004 at the hearing.

 

From my last contact letter to her in February 2007, I know that the defendant lives in a 5 bedroom house but does not own it.

I am unsure of the defendant's or her son's current earning capacity.

 

From the reply you've given, I see that I should choose an appropriate option?

 

The appointment of a Receiver looks interesting.

 

 

Would you know of any examples or a particular thread where there is a template letter I can use?

I want to write to the court to inform them of the judgement breach and to instruct enforcement.

 

 

Kind regards,

AdvS1

Edited June 28, 2009 by AdvS1
I have not finished answering

[cerberusalert]

I don't think there are any templates on this site, the majority of members are either under the threat of receiving CCJs or have them rather than enforcing them.

 

If you 'phone your local Court Managers office they will probably be better able to advise what your best course of action will be.

[AdvS1]

Thank you so much.

 

I'll do that

[diddydicky]

hope it's not one of our caggers we are advising on how to proceed against!

[Dinkjames]

You can use form N323 - Warrant of execution to enforce the judgment. Keep in mind that you can only claim the original amount of the CCJ less any payments that have been made since the judgment was granted plus any interest.

 

You will need to pay the court for the enforcement order, but this can be added to the outstanding amount.

 

Alternatively, if you can find out where the debtor works, you can complete form N337 - Attachment of Earnings.

 

The first step would probably be form N316 though. Application for a debtor to attend court for questioning. Under this form, you can gather information through the court about their employment status, employer and amount received, monthly outgoings, any assets eg property and balances on bank accounts. Once you have this information, it will be easier to get a warrant of execution or attachment order as you have all the necessary information from the hearing.

[AdvS1]

"hope it's not one of our caggers we are advising on how to proceed against!"

 

Hello diddydicky,

 

Thank you for your post.

 

I am not aware of whether the defendant and her son are members of the CAG.

 

However if they are, then back in 2001-2002, they were very good at gaining my trust.

 

They also had no qualms whatsoever in taking advantage of my being an employee who had more money as savings, than actual business-sense.

 

They are also very aware that they owe me the money and instead choose to default on a judgement, three times.

 

If you are interested and would like to know their details, then I can send this to you in a private message.

 

 

Regards,

AdvS1

[AdvS1]

Hello DinkJames,

 

Thank you very much for your information.

 

Using form N316 sounds more applicable to my situation.

I'll move forward with this and will keep you informed of developments.

 

Thanks again for all of your replies.

Have a great day!

[diddydicky]

"hope it's not one of our caggers we are advising on how to proceed against!"

 

Hello diddydicky,

 

Thank you for your post.

 

I am not aware of whether the defendant and her son are members of the CAG.

 

However if they are, then back in 2001-2002, they were very good at gaining my trust.

 

They also had no qualms whatsoever in taking advantage of my being an employee who had more money as savings, than actual business-sense.

 

They are also very aware that they owe me the money and instead choose to default on a judgement, three times.

 

If you are interested and would like to know their details, then I can send this to you in a private message.

 

 

Regards,

AdvS1

 

nothing personal my friend- you are a new poster and did not mention at the outset what it was about and even taking your information at face value my personal opinion is that that this forum is for the guys on the receiving end of debt collection

 

good luck

[cerberusalert]

my personal opinion is that that this forum is for the guys on the receiving end of debt collection

Using that sentiment as a rule of thumb it would mean that you would be disinclined to advise someone who had a CCJ against a debt collector, bank or credit card company?

[diddydicky]

Using that sentiment as a rule of thumb it would mean that you would be disinclined to advise someone who had a CCJ against a debt collector, bank or credit card company?

 

yes fair cop - i consider myself corrected - i should have extended the statement to say that i would assist someone who is suing a dca or ccc

 

the emphasis being on the consumer advice bit !!

[AdvS1]

Hello diddydicky,

 

I understand that I am not known here.

 

It's just that after looking through the CAG forum I didn't see any information that was at all related to my situation, hence my posting a new thread.

 

Maybe by publicising my plight, I can help someone else in their situation and your input as well as Cerberusalert's and Dinkjames's replies can be noted and possibly acted upon too.

 

I appreciate your 'good luck' message.

 

 

Kind regards,

AdvS1

[AdvS1]

Hello Guys,

 

I just wanted to update you on the current situation.

 

After sending a letter to the defendant informing them of my intention to enforce the ccj by informing the court of their continual breach of judgement, I gave them a response date of Monday 20th July 2009 - today.

 

I received a response letter today from the defendant's son.

 

He states that he contacted me previously about the non-payments giving the reasons why it occurred.

 

I never received any correspondence from them about the reasons for their breaches and it seems very apt that I actually received their letter today, since I sent them a letter of impending enforcement

 

He also states that his bank informed him that his "account would be in motion from the 31st July. Up to date payments will continue from that date. Please wait three to four days for the transfer"

 

 

My question is:

 

Should I comply with his request and wait until the first week in August 2009 to see if the money appears in my bank account or should I press on with the enforcement?

 

 

I look forward to your replies.

 

Regards,

AdvS1

Edited July 20, 2009 by AdvS1
spelling mistake in the word 'today'.

[Dinkjames]

My question is:

 

Should I comply with his request and wait until the first week in August 2009 to see if the money appears in my bank account or should I press on with the enforcement?

 

My suggestion would be to wait to see whether the money is paid as suggested. The court may take a dim view if you go for enforcement when it appears as if the defendant is making an effort to pay. I would advise acting reasonably in this situation, as it strengthens your case.

 

What is happening with any arrears? I would write a letter in response stating that you will hold action until the first week of August to allow the payment to be made, but if it is not, or payments are missed again in the future, you will proceed to enforce the judgement without further notice to them.

[AdvS1]

Hello Dinkjames,

 

Thank you for your reply.

 

I'm drafting the letter now to send to them.

I'll post an update as and when developments occur.

 

Have a great day!

 

 

Regards,

AdvS1

[AdvS1]

Hello Dinkjames,

 

I'd just like to update you on my situation.

 

The letter's specific contents that you advised me to include.....it worked!

The Defendant has paid the money owed, although it is the monthly outstanding payments and not the full balance owed.

 

Again, I am especially grateful for your help and for the input from Cerberusalert. Diddydicky, I havent forgotten you

 

I have also made a contribution to the CAG today as the forum and it's members are fantastic and your service is very valuable.

 

I'm much obliged to you.

 

Warmly,

AdvS1.

[cerberusalert]

With a bit of luck now they know you won't be messed around and are willing to take things further they'll honour their future repayments.

[AdvS1]

Yes,

 

Exactly.

This kitten has lion's teeth, grrrrrr!!!

[Dinkjames]

Pleased you got the result you wanted. Here's hoping they continue to pay now.