Enforcing a CCJ against my landlord

[citizenB]

I think as SG has already commented.. if this query has arisen in respect of a letter received from a DCA then it is almost certainly they are getting above themselves and trying to intimidate.

 

For a bog standard consumer debt then this "questioning" will probably not even happen.

[id330uk]

sillygirl1 said:

Have you been sent a letter that states "you can be orally questioned in front of a judge to ascertain your financial status" Is this why you are asking - if so then that is DCA twaddle designed to scare you.

 

No the creditor is me and I am asking because I am completing an application form N316 called 'application for order that debtor attend court for questioning' because I need to know which is the bank of the debtor to take money from his bank account and I need to know if he is employed to take money from his wages.

 

I need also to know if he own properties to put a charging order on them

[citizenB]

No the creditor is me and I am asking because I am completing an application form N316 called 'application for order that debtor attend court for questioning' because I need to know which is the bank of the debtor to take money from his bank account and I need to know if he is employed to take money from his wages. I need also to know if he own properties to put a charging order on them

 

 

oops.. sorry. I will flag your question for a member of the site team who might be able to answer your question..

[citizenB]

Some information provided by andyorch for you.

 

questioning will be by a court officer unless a judge agrees there are compelling reasons for questioning to take place before a judge.Incorporating EX140 questioning list and form.

 

Maybe consider CPR 34A (4.1) http://www.justice.gov.uk/courts/pro...les/pd_part34a

 

 

 

[id330uk]

Please can you tell me which paragraph of this Pratice Direction is relevant to my question and why ?

[Guest]

the answers to your q's in post #9 would be obtained by the court officer via ex140. as stated on the form 316. no need for a j then. would still be on oath and evidential (cpr 34A para 4.1 as stated).

Edited August 12, 2012 by Ford

[id330uk]

I have obtained an Interim Third Party Order against the respondent.

The respondent has made an application for a Hardship Payment Order.

 

The Court has issued an order which says today a hearing was scheduled to hear this application and that the time to serve this application on me is abridged and that the respondent should have served this application on me at least yesterday.

 

However the respondent has not served this application on me on time and as a consequence I received it only today and I was not able to attend this hearing today and to make any representation.

 

In case a Hardship Payment Order has been made during the hearing of today I would like to know if I can make an appeal against it or to make an application to have it set aside. I would like to know also if I can make an application to have this Hardship Payment Order stayed.

 

I think that I have to act quickly before this Hardship Payment Order which could have been made today is faxed by the court to the third party which is a bank.

[AndyOrch]

Is the respondent an Individual or Bank/Bld Soc id33uk?

 

Regards

 

andy

[id330uk]

He is an individual

[AndyOrch]

The judge will only make this kind of order if the judgment debtor is able to prove that the judgment debtor and the judgment debtor's family, is suffering hardship in not being able to meet day to day living expenses as a result of an amount, or amounts being frozen.

 

The judgment debtor can make an application at any court - it does not have to be the court where you made your application for a third party debt order. If an application is made, a judge will decide how and when you are to be told about it. For example, the court may try to telephone you, or send you a fax message, since, from the judgment debtor's point of view, the situation will be urgent. A hardship payment order may allow the release of a single amount of money, but could allow the release of specific sums over a period of weeks until the hearing.

 

What will happen if the judgment debtor or the third party objects to my application for a final third party order?

 

They must file their written evidence setting out their objections not less than three days before the hearing is due to take place. They must send copies to you and to each other. If they have raised objections, the judge will expect them to attend the hearing.

 

You should note that both the third party, and the judgment debtor, may apply to the court for the hearing to take place at a court nearer to their home, or place of business. If an application is made, the court will let you know.

 

What is a hardship payment order?

 

It is an order made by a judge. It tells the third party to release some of the money frozen as a result of the interim third party debt order to the judgment debtor or some other named person. The order will be in Form N37 (hardship payment order).

 

 

The judge will consider your application and any other evidence you, the third party, or the judgment debtor has filed. If the judge is satisfied that a final order should be made, an order will be drawn in Form N85 (Final third party debt order). If there is sufficient money, the final order will allow the third party to pay to you the judgment debt and costs and your costs of making the application. If the final order is for a lesser amount, the costs of making the application will be treated as being paid first and part of the judgment debt will remain outstanding.

 

A copy of the order will be sent to you, the third party and the judgment debtor.

 

The third party will be told how much to pay you and the date by which it is to be paid. Remember that the court cannot order the third party to pay you an amount that is more than the amount originally frozen. If this is less than you are owed, then you may want to consider other enforcement procedures to recover the balance.

 

Regards

 

Andy

[id330uk]

The issue is that in the application for a Hardship Payment Order I noticed that the respondent has misled the Court by nto making mention to some incomes that I know he has which means that does suffer how much financial hardship that he wants the court to believe.

 

Because I was not able to attend the hearing I was not able to make any oral or written representation to inform the Court of this fact.

 

Hence I would like to know if it is not too late and if I can make an application to appeal against any Hardship Payment Order which could have been made during the hearing of today or to set it aside or to stay it.

[AndyOrch]

You need to confirm if the Order was made first and then we can look at your options.

 

Regards

 

Andy

[id330uk]

Today when I was at the court I asked for the result of the hearing about the respondent's application for a Hardship Payment Order and I was told that the file was still in the court and that I needed to come tomorrow to ask for the result.

 

Hence tomorrow morning I am going to the court and ask whether or not a Hardship Payment Order has been issued. I am not available to come to the court every day because I have also other commitments moreover time is of the essence because I have to act before any possible hardship Payment Order is faxed by the court to the third party.

 

Hence tomorrow morning I will have to issue to the Court any application that I need to make.

Hence maybe it could be good if we start to think about this now.

[id330uk]

I have made an application to the County Court to have statutory demands served upon the judgement debtors by the county court bailiff.

 

I have received an order from the county court which says that the bailiff cannot serve a statutory demand because it is not a court document.

 

I would like to make an application to set aside this order but I need to know first if the court has not made a mistake and what are the Civil Practice Rules which deals with this issue

[BRIGADIER2JCS]

It is correct SD is not a court document, ''private'' bailiff or process server/ solicitors agent will usually serve or as we often see a courier will deliver it.

[id330uk]

I would like to know which statute or Civil Pracitce Rules deals with which documents a County Court Bailiff can server or cannot serve

[BRIGADIER2JCS]

Documents under the COURT SEAL.

 

Have trawl through the HMCTS site.

[old bill]

As far as I am aware, a number of bailiff companies also act as process servers. Provided an SD is served correctly, to the best of my knowledge and belief, a solicitor's clerk can serve it.

[id330uk]

I made a complaint to the police against my neighbours and my landlord for harassment. During his investigation a police officer made accusations against me to these neighbours and to my landlord that I was wasting police time.

 

The consequence of the behaviour of this police officer is that these neighbours and my landlord gloated over and increased their harassment. And as a consequence I had to issue a claim to the county court for harassment against my neighbours and my landlord.

 

I made a complaint to the IPCC against this police officer which was upheld because he made accusations of me wasting police time to these neighbours and to my landlord even though he did not have any evidence that wasted police time and did not charge me of any offence of wasting police time which is a criminal offence.

 

I have won my case for harassment against my neighbours and my landlord who have been ordered to pay me damages by the court.

 

I would like also to issue a claim to the county court against this police officer for compensation because the emotional distress that I have sustained because of his behaviour.

 

I would like to issue a claim for no more than £5000. I know that claims for no more than £5000 are allocated to the small track and as a consequence we do not have to pay the costs of the other party if we lose. I would like to know if this also applies for claims against a police officer.

 

I have also another problem which is that I do not how to call my claim. I think that there are two kinds of claims which could be issued in a county court one is for breach of contract and the other I do not remember but I think that it is maybe for negligence. I know that my claim against this police officer is not for breach of contract and I need to know how to call this claim when filling the claim form.

[Guest]

firstly, i think you may need to claim against the officers' 'force' (chief constable)?

as you say, depends what damages you're after of which may be higher than the small claims limit. may poss get bumped higher court anyway due its nature?

Edited September 17, 2012 by Ford

[id330uk]

I heard that we can claim against the police officer or against the chief constable. Moreover the problem is that since the events have occurred there is another chief constable.

 

I do not want to claim more than £5000 because I do not want to have to pay the costs of the other party if I lose.

 

It is why I asked previously confirmation that for claim for not more than £5000 we do not have to pay the cost of the other party if we lose also for cases against the police

[wonkeydonkey]

id330uk said:

I have made an application to the County Court to have statutory demands served upon the judgement debtors by the county court bailiff.

 

I have received an order from the county court which says that the bailiff cannot serve a statutory demand because it is not a court document.

 

I would like to make an application to set aside this order but I need to know first if the court has not made a mistake and what are the Civil Practice Rules which deals with this issue

 

If you have been awarded a ccj against a debtor and they have not paid then the next step is to apply for an enforcement order....you then have the option of instructing a bailiff to collect the debt or if over £600 you can transfer the judgment up to the High Court and use High Court Enforcement Officers to serve the writ of Fi' Fa'.

 

WD

[unclebulgaria67]

Think you would have issue the court claim for damages against the Police force and not the individual officer. In the POC, you would state the name of the officer. basis of your claim and what damages you are seeking.

 

It is worth searching online for info.

 

This link is old, but it may assist.

 

http://www.lawgazette.co.uk/news/assessing-damages-civil-actions-against-police

[Guest]

id

would be the chief constable (force) imo. ie vicarious liability. would go for the current chief.

if exemplary damages, it would exceed small claims limit. hence also why could be bumped to high court. costs?

Edited September 17, 2012 by Ford

[phaitun]

I would imagine that if your complaint with the IPCC was upheld, there would have been a finding of guilt on the part of the officer ,what was the outcome?

 

Was the officer disciplined?

 

If so then that would strengthen the case, however the Police Federation has an insurance scheme and strong legal backing to protect the Police officers as individuals from these sorts of things, it would in my opinion be very hard to prove a case against an individual officer.

 

It doesnt matter if the Chief Constable has changed you could just try and sue the new one as they are representatives of the force area where you live (which is in fact the entity you would sue)

 

Would your neighbours give statements to help your case against the officer letting the court know what was said?

 

Can you get access to the file from the IPCC and the Force own Professional Standards Dept?

 

These are things that need to be considered to make your claim and i would say that to prove it you would need strong legal help.

 

Can you prove that the officers actions were those actions that caused you distress?

You have won a case stating that it was your neighbour's and landlords harrassment that caused you distress.

Seems like 2 bites of the same cherry to me. Maybe the officer should have been in Court with the neighbours and landlord.

 

I would seriously consider the position before making a claim as i know if it is not proven the Police Officers legal team will go after every penny they can get as costs, compensation for stress caused to the officer having been disciplined already for the alleged misconduct.

 

On the other side of the coin however, the evidence points to the guilt of the officer (if the complaint has been upheld) so you may be in with a chance, but you can guaranteee in any claim they will get a top barrister in to defend