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Hi

 

I took small claims action against someone and because they did not respond at all within the required time, they received a CCJ by default. Before I had chance to request a warrant online via the MCOL system however, they submitted an application to have the CCJ set aside. The hearing for this was last week but they did not turn up to the defend their application and it was dismissed.

 

Please could you now tell me how I now go about getting my money? The facility (button) for requesting a warrant online via the MCOL system has now disappeared and I'm not sure what to do next.

 

Many thanks for your help.

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I will try and find someone who can help.. :)

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http://212.137.36.113/onlineservices2/progress_claim/warrant.htm

 

There is some information in the link above that might help.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you. I'll check it out.

 

I was hoping some information might be posted to me re what to do next but the set aside application and original ccj claim don't seem to be as "linked" as I'd expected.

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Call into your local court - take the judgement order with you - and ask them for the form to request a warrant of execution.

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I am also advised that now the other side's "set aside" has been dismissed - the button should reappear :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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How much was your Judgment for? Be aware that just because you have Judgment does not necessarily mean it will get paid. Do you know if your debtor has any assets or monies?

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Google "N323 Warrant of Execution", print it out and fill it in and send the completed form to Court with a £100.00 cheque.

 

There is no guarantee of success through.

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  • 3 weeks later...

Thank you all for your advice. I am really struggling financially and while I was trying to get the £100 together to submit with the warrant of execution form, the defendant has now submitted another set aside application!

 

Now I don't know if it's worth applying for the warrant in until the outcome of the latest set aside application is known, hearing at the beginning of August. It seems perverse that while the claim hasn't been paid, and I haven't been able to afford the warrant fee until now, the defendant is happy to pay £80 a time to put in set aside applications instead of paying what they owe me!

 

If I put the warrent in now, will the bailiffs take immediate action anyway or will the outstanding set aside application delay things? Possibly even mean my £100 fee is lost?

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  • 1 month later...

Please could someone advise when it is appropriate to enforce a ccj with a high court writ and when a warrant of execution via the county court is better? I only ask because until I saw it on the tv tonight, I didn't know a HC writ existed (it also quoted £60 for the writ as opposed to £100 for a warrant).

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Please could someone advise when it is appropriate to enforce a ccj with a high court writ and when a warrant of execution via the county court is better? I only ask because until I saw it on the tv tonight, I didn't know a HC writ existed (it also quoted £60 for the writ as opposed to £100 for a warrant).

 

 

 

 

How much is your judgment for?

 

If there is a set aside hearing in a couple of weeks you won't be able to enforce now really.

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  • 2 weeks later...

Hi

 

The second set aside application was dismissed as expected and I immediately issued a warrant of execution for immediate payment of the full amount. The debtor has now come back with an application to vary the order offering to pay a very small sum per month which I don't want to accept as I know they have sufficient funds to pay a more reasonable amount. Please could you tell me what my options are? Can I go for an attachment to earnings, can I refer the case to the High Court and let the sheriffs seize property I know they have or do I have to accept what the judge decides when I return the vary form?

 

Thank you.

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If the judgment was by default it should have been forthwith from the start. You don't have to accept an application to vary payment you can reject it or increase it.

 

Regards

 

Andy

We could do with some help from you.

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If the courts allow them to make variation then you can use other means to execute and secure the Judgment...AoE/ Charging Order or even a Third Party Debt Order.

 

All the big boy claimants do and so can you as LiP.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 month later...

Thanks Andy.

 

I went to a re-determination hearing which was scheduled following the claimant's variation application and the judge set the amount VERY low. I had requested the claimant at least provide proof of their income (because their financial statement was a pack of lies) but the judge just wasn't interested. Couldn't help wondering when courts stopped asking for, and basing their decisions on evidence! Was a joke to be honest. I'm tempted to try other avenues but it's taking so long, has already cost me so much and after the hearing, I've lost faith in the legal system!

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Sorry to hear that Sunshine but there comes a time when you cant throw anymore effort/money at something and give up.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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