Trying to get what's due..***WON***

[robtheplod]

Marstons called the other day but he was out. In the letter to me they say they have left a letter for him. No idea really what's in their letter or what the next step would normally be - anyone know the likely course of events???

 

ta

rob

[wonkeydonkey]

Marstons called the other day but he was out. In the letter to me they say they have left a letter for him. No idea really what's in their letter or what the next step would normally be - anyone know the likely course of events???

 

ta

rob

If HCE or BLF are around they may be able to give an answer from the bailiff camp but I can only speculate the enforcement officer will return and levy on goods if this is High Court he is able to remove goods there and then.

[robtheplod]

Just an update. I have spoken to Marstons and they have started receiving payments which is a positive move. As the CCJ was awarded in July last year do I understand correctly this lasts one year?? - if so what happens if he has not fully repaid the amount by July this year - do they stop or can they continue after him???

 

Marstons have not really been very informative about what is happening - had to chase them all the way so far....

 

thanks all!!

[fluffy_bunny]

never heard of the year rule so hopefully it does not apply.

 

And i think it would be classed as being actioned within the year anyway regardless of how long the payment arrangment lasts

 

Also, it's a high court writ now not a CCJ which is bing enforced.

[ploddertom]

Pleased to see things are moving for you at long last, would imagine your "friend" received a bit of a shock to say the least.

 

The CCJ stays on the defendants file for 6 years. As fluffybunny has said this is now a High Court Writ which lasts for 1 year from when it was issued which I assume was less than a month ago. If necessary it can be renewed but would suspect will be paid up long before that. Your HCEO should be able to clarify the level of payments being made and how long it is likely to take.

 

PT

[robtheplod]

Excellent. I had a thought I might be running out of time, but that sounds much better....!

[impecunious]

Am I just being ultra-sensitive but when reading these posts, I've sighed every time I've read the term "defendant" -- do we mean "judgment debtor"???

 

Thanks

 

 

 

Impecunious!

[ploddertom]

Am I just being ultra-sensitive but when reading these posts, I've sighed every time I've read the term "defendant" -- do we mean "judgment debtor"???

 

Thanks

 

 

 

Impecunious!

 

Mistakes can often be seen to have been made..

 

I for one did not owe the alleged debt and therefore was not a "judgment debtor."

 

I did however fight the injustice and became the "defendant" in doing so.

 

wd

[High Court Enforcer]

Just an update. I have spoken to Marstons and they have started receiving payments which is a positive move.

 

How much are the payments? If the defendant (or judgment debtor) had the assets you suggested this should have been cleared up in one go.

 

Havent Marstons offered you online access to keep updated with your case?

[impecunious]

Thanks for clarifying PT

 

 

Impecunious!

[robtheplod]

How much are the payments? If the defendant (or judgment debtor) had the assets you suggested this should have been cleared up in one go.

 

Havent Marstons offered you online access to keep updated with your case?

 

I've just spoke with them, and they don't tend to offer online access unless it's a complicated case or for solicitors. Anyway had long chat with Marstons and he's offered to pay £500 per month (which he is late already). He has paid a smaller sum previously, but I don't think he'll pay any more voluntarily if past performance is anything to go by. I should have more news by next week!

[High Court Enforcer]

Any news Rob? The HCEO really should have had this cleared up by now.

[robtheplod]

Mixed news really. I've been told they have got back about 60% of whats owed. I have also have a conversation with the guy and he's wanting to take it all back to court, so we'll see what happens..!!

 

I've not personally got anything back yet.

[High Court Enforcer]

Mixed news really. I've been told they have got back about 60% of whats owed. I have also have a conversation with the guy and he's wanting to take it all back to court, so we'll see what happens..!!

 

I've not personally got anything back yet.

 

That's not right.

 

Any money collected does have to be held for 14 days (1986 Insolvency Act) but they should split whatever is collected. I cant believe you havent received anything.

 

Does the debtor have any grounds to take it back to court other than to apply for a variation order?

 

If the details you said at the start of your thread are true, any HCEO worth their salt should have cleared this up long ago.

 

I did say that some HCEOs are better than others....

[robtheplod]

That's not right.

 

Any money collected does have to be held for 14 days (1986 Insolvency Act) but they should split whatever is collected. I cant believe you havent received anything.

 

Does the debtor have any grounds to take it back to court other than to apply for a variation order?

 

If the details you said at the start of your thread are true, any HCEO worth their salt should have cleared this up long ago.

 

I did say that some HCEOs are better than others....

 

The payment was almost a fortnight ago so there's still time here. The debtor is focused on things which are not really relevant or would affect the outcome of the CCJ etc so I'm not concerned about this. I think I will however start making more of a noise to wind this up. Thanks for your interest!

[robtheplod]

I spoke with Marstons today. The defendant has fully paid up and they are waiting on the clearence of the second and final payment (via credit card). I was then told i need to wait 21 days before they will pay me due to the insolvancy act???

 

Very close now!!

[Yoshiro]

Yeah, when i used Marstons it took about 21 days for the payment to get to us - we werent all that bothered as we knew the money was coming.

[High Court Enforcer]

I was then told i need to wait 21 days before they will pay me due to the insolvancy act???

 

It should be 14 days.

 

Good news though, glad the judgment debtor paid up.

[robtheplod]

Quick update. Now have full payment from Marstons, so it's now all settled. Thanks for all the help on this thread - you've been great!!

 

The debtor ended up paying £800 more than the original judgement purely as he refused to pay for over a year! - I even offered a vastly reduced amount earlier this year which he ignored so he brought this on himself as far as I see.....

[ploddertom]

No one can say you hadn't given them an opportunity so yes I agree with the outcome & am pleased all is now settled. A good outcome for you.

 

PT

[caro]

Well done Rob. It's taken a while but seems it was worth it in the end.