Transferring CCJ to Scotland - before or after requesting High Court writ?

[confusedbythelegalsystems]

I hope you can help!

 

We asked a chap and his band to play a ceilidh at our wedding in 2011 and, long story short, he managed to extract more money from us than he should have and didn't fulfill his contract. We went through the small claims process and have a CCJ against him for approx £740, but he as never paid (and so I assume more interest has accrued?). We engaged a debt recovery agency, who also failed to collect any money (more money down the drain).

 

As he lives near Glasgow, we now want to transfer the CCJ and register it in Scotland so that we can use local sheriffs/messenger-at-arms. However, we are debating whether to raise this and obtain a High Court writ, but I can't establish if this is valid or holds more weight in Scotland, like it does in England. It's also difficult to get a straight answer on how to transfer the CCJ to the Scottish register.

 

So, I think the questions I have are:

* How do you transfer a CCJ to Scotland?

* What forms are required?

* Who generates the forms - me or the local court (Barnet County Court, in this case)

* Is it worth trying to get a High Court writ before transferring, or after?

* Will we still have to pay more good money to sheriffs/messengers-at-arms in order to chase our money?

 

This, obviously, has left a stain on our memory of our wedding (as my wife keeps reminding me) - we only want our money back and for him to learn that he can't rip people off and get away with it, particularly when it comes to wedding gigs!

 

Any advice will be appreciated.

[AndyOrch]

Hi confused and welcome to CAG

 

Useful information :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?228555-CCJ-Jugement-in-England-reside-in-Scotland-help.

 

Regards

 

Andy

 

PS Thread moved to General legal Issues

[confusedbythelegalsystems]

Thanks andyorch. I've read the link and it has some useful content, but it's from the perspective of the defendant, not the claimant...

[AndyOrch]

Okay I only skimmed through it

 

What you need to get from the English court

 

The basis for the procedure is section 18 of, and paragraph 2 of Schedule 6 to, the Civil Jurisdiction and Judgments Act 1982 and CPR 74.17. You need to apply under CPR 74.17 for a certificate of money provision by filing, at the court where the judgment was given or has been entered:

 

1. An application, which should be by Form N244, in appropriate terms, stating that the judgment remains unsatisfied and applying for the issue (by virtue of the relevant provisions of the 1982 Act and CPR 74.17) of a certificate of judgment to register for enforcement in Scotland.

 

2. Written evidence (complying with Practice Direction 32) stating:

 

(a) the name and address of the judgment creditor and, if known, of the judgment debtor;

(b) the sums payable and unsatisfied under the money provisions of the judgment;

© where interest is recoverable on the judgment, either –

(i) the amount of interest which has accrued up to the date of the application, or

(ii) the rate of interest, the date from which it is recoverable, and the date on which it ceases to accrue;

(d) that the judgment is not stayed;

(e) the date on which the time for appealing expired or will expire;

(f) whether an appeal notice has been filed;

(g) the status of any application for permission to appeal; and

(h) whether an appeal is pending.

 

3. A draft certificate in Form 111 .

 

4. Once you have the certificate, pass it to your Scottish solicitors to register.

 

The registered certificate then authorises exactly the same recovery procedures as would have been available had the judgment been granted by the Scottish courts.

 

Regards

 

Andy

[confusedbythelegalsystems]

Hi Andy,

 

Sorry for the delay in replying - had a horrible virus! Thanks for your detailed reply, really useful. A few questions though as I've started drafting the N244 and Form 111...

 

N244

* Question 3 - What order are you asking the court to make and why? I have inserted your words '...the judgement remains unsatisfied...etc' - is this right?

* Question 5 - How do you want this application to be dealt with? I'd rather avoid a hearing as it'll mean more time off work. Do you think the court would accept either a telephone hearing or 'without a hearing'? Do I need to get the defendant to agree to this also?

 

Form 111

* Presumably I draft Form 111 and send it to the court to ratify? What if I get any details wrong (which I hopefully won't!)?

* Any idea what I insert in the box 'In the'?!

 

Your section 2 above 'Written evidence...' -

* Should this information be included with form N244, Form 111 or within the cover letter?

* © The judgement was for £741 (if I recall - don't have it to hand right now). Should I attempt to calculate the additional interest from the date of the judgement, or just state the rate, if I can work out what that is?

* (c-i) 'The date from which it is recoverable' - presumably that's the judgement date?

* (c-ii) 'The date on which it ceases to accrue' - I didn't realise there was such a date!? It's not stated anywhere...

* (e) How would I know whether the time for appealing has expired or will expire? I've not seen this anywhere.

* (f), (g), (h) Presumably I only notify this if an appeal has been filed, which it hasn't (to my knowledge)?

 

Do I need to send the defendant copies of N244 and Form 111 also?

 

Really appreciate your help.

 

Regards,

 

Tim

[AndyOrch]

Hi Tim

 

How to apply for a certified copy of the judgment to register in Scotland

 

Once judgment in default has been obtained it is necessary to apply to the English or Welsh Court where the proceedings were commenced for a certified copy of the judgment to register in Scotland. In order to obtain a certified copy of the judgment the following need to be sent to the Court:

 

An application for a certified copy of the judgment

 

Form N244 should be used.

 

The application will be dealt with without the need for a hearing and should state that the Claimant intends to apply for the issue of a certificate of judgment to register for enforcement in Scotland because the judgment remains unsatisfied and provision for the issue of a certificate of judgment is made by Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 and CPR 74.17.

 

An witness statement in support of the application

 

The witness statement should comply with the formalities of Practice Direction 32 to the Civil Procedure Rules and should contain the following information:

 

That the witness statement is made in support of the Claimant’s application for the issue, in accordance with Schedule 6 to the Civil Jurisdiction and Judgments Act 1982, of a certificate of judgment to register for enforcement in Scotland;

 

The name and address of the judgment creditor;

 

The name and address of the judgment debtor;

 

The sum payable and unsatisfied under the money provisions of the judgment;

 

The amount of interest accrued to the date of the application;

 

A statement confirming that the judgment is not stayed.

 

A draft certificate

 

Form 111 should be used, a copy of which can be obtained from the Court office or found on the Court Service’s website.

 

The court fee

 

The Court fee payable is the Court fee payable for without notice applications. The amount of the Court fee can be found on the Court Service’s website.

 

Registration of the judgment in Scotland and enforcement of the judgment

 

Once the certificate of the judgment has been received from the court it will be necessary to register the judgment in Scotland and take enforcement action. The procedure for registration of a judgment and enforcement in Scotland is governed by Scottish law and, therefore, beyond the remit of this website. Ordinarily a solicitor working in England or Wales would refer the case to Scottish lawyers at this stage.

 

"N244

* Question 3 - What order are you asking the court to make and why? I have inserted your words '...the judgement remains unsatisfied...etc' - is this right? Yes and add An order to enforce judgment in different jurisdiction

* Question 5 - How do you want this application to be dealt with? I'd rather avoid a hearing as it'll mean more time off work. Do you think the court would accept either a telephone hearing or 'without a hearing'? Do I need to get the defendant to agree to this also? Without an Hearing

 

Form 111

* Presumably I draft Form 111 and send it to the court to ratify? What if I get any details wrong (which I hopefully won't!)?

* Any idea what I insert in the box 'In the'?!

 

Your section 2 above 'Written evidence...' -

* Should this information be included with form N244, Form 111 or within the cover letter?

* © The judgement was for £741 (if I recall - don't have it to hand right now). Should I attempt to calculate the additional interesticon from the date of the judgement, or just state the rate, if I can work out what that is? Yes and any addition fees in transfer

* (c-i) 'The date from which it is recoverable' - presumably that's the judgement date? Yes

* (c-ii) 'The date on which it ceases to accrue' - I didn't realise there was such a date!? It's not stated anywhere...From the judgment date

* (e) How would I know whether the time for appealing has expired or will expire? I've not seen this anywhere. Not applicable

* (f), (g), (h) Presumably I only notify this if an appeal has been filed, which it hasn't (to my knowledge)? Correct

 

Do I need to send the defendant copies of N244 and Form 111 also? Just the N244

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74/pd_part74a

 

Regards

 

Andy

[confusedbythelegalsystems]

Thanks again Andy. I'll attempt to pull the forms together tonight ready for issuing to the court.

Any ideas how I calculate the interest due? (Maths was never my strong point!) And we engaged a debt collection agency (who were pretty hopeless) at a cost of £120, can I add their charges onto the judgement?

 

Tim

[AndyOrch]

0.00022 × the amount of your claim – this gives you your 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 since judgment and multiply that number by your daily rate of interest.

 

I personally wouldn't add the DCA fee its not part of the judgment

[confusedbythelegalsystems]

What is the date I issue the claim? Surely it was issued as soon as the judgement was made? I want the interest to continue accruing until the day the Debtor pays so that he makes up for the interest I've clearly lost while he's not been paying. That's the bit I don't get - how does one define the period in which interest owed, if the end date i.e. when the claim is settled, isn't known?

[AndyOrch]

I dont know what date is on your N1? Issuing the claim and the date of judgment can vary considerably.

 

It should have been worded in your particulars ...and sec69 interest up until judgment or payment.

[confusedbythelegalsystems]

N1? I'll have to check the paperwork when I get home. Is the issuing date specified by the court?

[AndyOrch]

Yes...but you can back date sec 69 from the date the debt became outstanding...providing you have addressed it within your particulars of claim...so if he owed you from 2007 thats when your calculation starts

[confusedbythelegalsystems]

Ok, hopefully I can work it out! Thanks so much for your steer, really appreciated. Hopefully it'll all be fine and I can transfer the case to Scotland, engage a sheriff and actually see some of our money!