How to process the paperwork behind the N316

[exp283]

Hello all,

 

I'm very new to this as I have tried to manage chasing up the debt owed to me independently to no avail, then a friend recommended and this site from my reading really is a great source of advice and support.

 

To keep it brief a 'friend' owes me money. He acknowledged this all along (I have written proof of this) and then suddenly turned on me, becoming passively aggressive. He turned around and started threatening me with defamation and slander despite owing me and on my side trying to keep things amicable proposing a repayment plan over a year. He said that if I wanted to see my money returned to take him to court, which I did, and won at. He then denounced the British court system?! I put in for a warrant of execution and then the debtor denied living at the address despite using it for all legal correspondences. I took it upon myself to do an electoral search and he is still listed at the address.

 

I am now looking to issue a N316, I know the debtor has the financial reserves to pay me and have quietly been gathering public information on his businesses so know he has money going in to his account. I would like the Judge to question him on this.

 

I have drafted a N316 out but I don't know what to do next? Do I send it to Northampton or process at my local court?

 

Please can somebody share some advice on what to do next.

 

Thankyou in advance.

[honeybee13]

Hello and welcome to CAG.

 

I think you need our legal forum. I'll move your post there and hope the guys will be able to help. There will be a short term redirect on this forum.

 

My best, HB

[AndyOrch]

Hi exp and a warm welcome to CAG.

 

Just submit the application to the court that issued judgment.Make sure you add your failed Bailiff costs to the debt.

 

Regards

 

Andy

[exp283]

How do I calculate the interest that is now payable? I had the maths written down somewhere but have misplaced the paper.

 

Thankyou for being so prompt, hopefully I'll get this resolved this year

[AndyOrch]

To work out the amount of interest you are owed up to the date you start the claim, you first need to work out the daily rate of interest. Using a calculator do the following:

 

0.00022 x the amount of your claim.

This gives you the daily rate of interest.

You then need to work out the amount of interest you are owed up to the date you issue

your claim. Count how many days have passed since the money became owed to you and

multiply that number by the daily rate of interest.

For example,

 

If you are owed £,000, the rate of interest would be as follows:

0.000 x ,000 = 0.

So the daily rate of interest is p.

If the debt became owed to you on 7 March and you are filling in the claim form on 6

April, 50 days have passed.

So, 50 x 0. = .

 

You can add £ to the amount you are claiming.

 

[exp283]

Okay,

 

I have created hypothetical figures for this as I know the debtor will use any excuse not to pay, but if I understand the calculation correctly say for example the judgement was entered against the debtor on August 23rd, that's 148 days.

 

If the sum owed was 786.26,

 

0.00022 x 786.26 x 148?

 

I bet you all can tell what a fun snow day and Friday night I'm having.

 

exp

[exp283]

Please can somebody confirm I have the calculation right.

 

Thankyou kindly EXP

[AndyOrch]

0.00022 x 786.26 =0.172p per day...then multiply that by the number of days the debt has been outstanding up until date of judgment

 

Example 6 month (using 30 days) = £30.96.

[exp283]

Thankyou very much, now this will sound like a silly question but do I just post it to the main Northampton CC address or is there a specific department? Thankyou, EXP

[AndyOrch]

Depends which court issued the judgment...if it was transferred out of CCBC to your local CC then submit it to them.

[exp283]

Hello all, it seems fighting for what is owed to you is a long winded process, I have had my paperwork returned as I did not include the additional fee for the oral examination but have had no instruction on how to pay? Can anyone advise? Thankyou in advance, EXP