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Ltd Building Co-Fraudulent activity-walked off job & Director put funds into own bank account


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Ha expect to wait up to a month for the judgment to be posted to you.

 

Ha, ha..... I have to laugh......

 

...just wondering now......the hearing was 8th August and payment was due 14 form hearing which is tomorrow, can Mr. X delay payment and appeal that he didn't get the judgement until when ever it arrives - i.e. a month?

 

How does it work with CCJ on his record I have looked up various articles and some say if he pays within 14 days, it is removed completely from his credit record, others say 30 days.

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Hi,

 

I haven't received any payment and I believe the 14 days expired yesterday (hearing was 8th August).

 

 

I have looked on EX50 for my option:

 

 

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

 

Page 8 says:

 

I can 'Order to obtain information from a judgement debtor' which will be £50 or £100 including bailiff.

 

On Page 9, I see that I can apply for 'Attachment of Earnings' £100 and that for every £1 paid, the court charge £ 0.10p. So, am I right in thinking the court will charge me and deduct this from the payments?

 

I have also looked on Form EX323

 

https://www.moneyclaimsuk.co.uk/PDFForms/EX323.pdf

 

On the second page, paragraph two, it says that before asking for ask for an attachment of earnings order, which will cost a fee, I can ..

 

"... Ask the court in the defendant’s home area to search the attachment of earnings index. This index is a list of all the attachment of earnings orders against people living in that area. (This includes orders made by Magistrates’ courts.) There is no fee for this. "

 

I am looking for Form N336 but the download isn't working... and have searched online, but only found one coming up on a solicitors website which doesn't seem right.

 

Can anyone point me in the right direction for the N336 form to download please?

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Thank you very much Andyroch

 

Hi Andyroch,

 

Have a question... this is the same form I found, but I don't have a solicitor? Can and how do I amend the form please? Do I simply cross out the solicitors section and sign as the Claimant?

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Just scratch it out and put N/A

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Hi,

 

I have a question about how to approach the working environment with Mr X who I took to court and was awarded the judgement which he still hasn't paid.

 

We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened. Is this true?

 

Before the court case, I sought mediation to avoid court action. This was held by my line Manager at work who chaired an impartial meeting with Mr. X. Following this meeting Mr. X went to H.R. and then another meeting was held and I was advised / warned to only engage in work related discussions with him going forward. The entire Management Team support him (apart from my line Manager who's hands are tied). Therefore I cannot follow the standard grievance procedure in the staff handbook (i.e. speaking to Management first).

 

I am concerned that Mr. X may approach me at work regarding the case. Where do I stand legally? I have contacted ACAS and understand about my rights to work in a safe environment (mentally and physically). If he approaches me at work to discuss the case, do I just advise him to send me a recorded delivery letter for any further discussions regarding payment arrangements?

 

If I have to make the payment to go back to court to make him pay will the Judge see my behaviour as unreasonable and that I am supposed to talk to Mr. X on his terms? Can the fee be non-refundable from Mr. X?

 

Any advice would be appreciated.

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" We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened. Is this true? "

 

Well yes and no..if you have a forthwith judgment..then payment is due immediately..and failure to pay facilitates you to execute the judgment with immediate effect (should you wish to enforce the judgment)

I personally would just wait and save yourself further expense and frustration and wait for payment within the 28 days.

 

But yes providing it is paid by 28 days then its not recorded on the CCJ Registry Trust Register.

 

Andy

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" We still work together and I haven't seen him since the court case but will do tomorrow. He is discussing the case with colleagues at work and stating the 14 days given to pay doesn't matter as long as he pays within 30 days, he can get the CCJ taken off his record as if it never happened. Is this true? "

 

Well yes and no..if you have a forthwith judgment..then payment is due immediately..and failure to pay facilitates you to execute the judgment with immediate effect (should you wish to enforce the judgment)

I personally would just wait and save yourself further expense and frustration and wait for payment within the 28 days.

 

But yes providing it is paid by 28 days then its not recorded on the CCJ Registry Trust Register.

 

Andy

 

Hi Andy,

 

Many thanks.

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  • 3 weeks later...

Hi,

 

I am really struggling to make the complaint letter about the judge.

 

I have attached a draft of the letter which I would appreciate advice on.

 

The first few pages are the guidelines I have pasted from the relevant website about guidelines for complaints. I have then tried to write the letter, but it seems not quite correct and I am finding it difficult to edit to achieve the best outcome and response.

 

Can anyone have a look and give their opinion please?

Draft Judge Complaint Letter.doc

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Hi, I have finished doing my letter to complain about the court losing my paperwork. I would really appreciate it if anyone has time to review this and give their opinion or advice. Many Thanks in advance...

 

Hi,

 

I have finally received a response from Bow County Court to my complaint letter.

 

They have apologised but still not found the Exhibit Bundle and offered me £50 compensation.

 

I want to escalate the matter further and noticed that the letter is titled "Without Predjudice" . Do I simply send a reply and say " I do not accept your offer and wish the mater to be escalated." ?

 

Is there anything particularly I need to mention at this stage, which has a legal implication?

 

Many thanks in advance for any advice.

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Hi,

 

I have finally receive the judgement for my case. However, it doesn't say the name of the judge. The previous paperwork states two other different judges. Should the paperwork state this or do I need to contact the court to find this out for my complaint letter?

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Hi,

 

I have finally receive the judgement for my case. However, it doesn't say the name of the judge. The previous paperwork states two other different judges. Should the paperwork state this or do I need to contact the court to find this out for my complaint letter?

 

....I have one further question as there was a discrepancy I was querying int he judge's closing statements... can I request a copy of the transcript for the judges statements in deciding the case?

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I know someone else who applied for a court transcript a couple of years ago, it works out about £500 per day for the transcript and will take months. If you were thinking of any further court action then you would need the whole transcript of every day if you want to dispute what a judge said - and another judge will always try to stick up for his colleague!!!

 

It often happens that many Judges will hear the same case especially if there are periods between hearings, its not important what Judges name is on the paperwork for it to be legal.

 

....I have one further question as there was a discrepancy I was querying int he judge's closing statements... can I request a copy of the transcript for the judges statements in deciding the case?
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I know someone else who applied for a court transcript a couple of years ago, it works out about £500 per day for the transcript and will take months. If you were thinking of any further court action then you would need the whole transcript of every day if you want to dispute what a judge said - and another judge will always try to stick up for his colleague!!!

 

It often happens that many Judges will hear the same case especially if there are periods between hearings, its not important what Judges name is on the paperwork for it to be legal.

 

Hi Googley2,

 

Many thanks for your reply, advice and information. Much appreciated.

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Hi,

 

I have drafted replies to the court complaint response and would be grateful and appreciate review and/or advice before I post it.

 

What is really concerning me is in the reply to my complaint letter from Bow County Court the following statements:

 

"I am unable to explain why the documents you filed were not on file for the hearing."

 

"All the documents you referred to in your complaint letter have been logged onto our electronic file as being received by the court."

 

" I have located your particulars of claim on the court file although these appear to have no date stamp."

 

"I understand the frustration and disappointment you must feel and I am personally locating all the documents you refer to in your complaint."

 

So, there appears to be contradicting statements...they are saying that they do have the Particulars Of Claim and Exhibit Bundle. Nowhere in the letter does she confirm she has my exhibit bundle or found it?

 

I know from Googley2 it would be expensive to ask for a transcript but I have put this in my letter. Perhaps I should take this out if it would antagonise the situation and less likely to get me a positive resolultion.

 

I am unclear and would like clarification on the correct procedure and/or options which should have been made available to me by the judge and / or court staff on the day of the hearing.

Does anyone know please?

Bow CC Reply to Manager.doc

Bow CC Reply to Customer Services TL.doc

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Hello there - I've had a quick look.

 

I am unclear why there are two letters to Bow county court rather than one? Would it be better to identify the person responsible for dealing with this and address the letter to them?

 

I wouldn't expect much of an answer to point 3, as I don't think the court staff will comment on what the judge could or should have done.

 

It is absolutely justifiable to complain about the court losing your documents, but I don't think the complaint about the judge will get you anywhere. The court staff are not going to be able to answer questions about legal procedure. Unfortunately if you believe the judge's decision on the day was incorrect your only remedy is to appeal.

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Hello there - I've had a quick look.

 

I am unclear why there are two letters to Bow county court rather than one? Would it be better to identify the person responsible for dealing with this and address the letter to them?

 

I wouldn't expect much of an answer to point 3, as I don't think the court staff will comment on what the judge could or should have done.

 

It is absolutely justifiable to complain about the court losing your documents, but I don't think the complaint about the judge will get you anywhere. The court staff are not going to be able to answer questions about legal procedure. Unfortunately if you believe the judge's decision on the day was incorrect your only remedy is to appeal.

 

 

Hi Steampowered,

 

Thank you for your reply. Much appreciated. It is too late to appeal and that would have cost more money and to be honest, the judge wasn't impartial.

 

I have posted on the forum a reply and copy of the court letter. Would appreciate your advice on whether to send both letters or just deal with customer services first and see what they say?

 

Thank you for your reply. I was sending two letters - one to the court customer services person who offered the £50 goodwill gesture and the other, to escalate the matter to the court manager. I am unsure whether the wording in both letters is correct and ok to send to both?

 

This is the whole letter I received from Bow customer services I received if that helps. I couldn't paste it in before....

 

it seems to be generic. I am Miss X but it starts "Dear Sir"...see below:

 

 

 

"

Dear Sir,

 

I am writing in response to your complaint received at X County Court on the xth August 2016.

I would like to apologise that the service provided by the court has not been to the expected standard. I have taken the opportunity to look into this matter and I am unable to explain why the documents you filed with the court were not on file for the hearing. All the documents you refer to have been logged onto our electronic file as being received by the

court. I have located your particulars of claim on the court file although these appear to have no date stamp on. I understand the frustration and disappointment you must feel with regards to the service we have provided to you and I am personally locating all the documents you refer to in your complaint. With regards to the email you received from the court about your receipt it is common practice for all cash received through our drop box to be issued with a receipt. I have spoken to the member of staff concerned and explained the procedure to them and they apologise for the misleading information. I have also located the duplicate of your receipt and enclose a photocopy for your records to show that one was issued and sent to you by royal mail.

 

In recognition of the level of service you have received, I would like to offer you a payment of £50 as a goodwill gesture. If you are happy to accept this offer please let me know in writing and I will contact our finance team.

 

I hope that this letter satisfies your complaint and will be a step forward in concluding your

case. If you feel that this isn't the case then you can write to Mrs XXXX at the above

address who will carry out a separate review. "

 

 

 

 

 

 

 

 

I was going to reply and send two letters (Customer Services and the other escalate the Court Manager) but am unsure if this negates me taking the matter further....I thought the wording was very important as theirs says without predjudice.

 

 

Thanks in advance for any further help

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Hello there - I've had a quick look.

 

I am unclear why there are two letters to Bow county court rather than one? Would it be better to identify the person responsible for dealing with this and address the letter to them?

 

 

Hi Steampowered,

 

Thank you for your reply. Much appreciated. It is too late to appeal and that would have cost more money and to be honest, the judge wasn't impartial.

 

I was sending two letters:

 

1) Response to the court customer services person who offered the £50 goodwill gesture.

 

2) The second letter to escalate the matter to the court manager.

 

I am unsure whether the wording in both letters is correct and ok to send to both?

 

Is it best to just send the letter to customer services first and see what they say?

 

Does accepting the £50 negate me taking the matter further?....I thought the wording was very important in my letter as theirs says without predjudice.

 

 

Shall I send both letters?

 

Do I need to change the wording to accept £50 as partial settlement?

 

 

Thanks in advance for any further help

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If the court manager is the escalation, personally I would just escalate it and not bother with the letter to the more junior people in customer services.

 

I don't think accepting the £50 negates you from making further complaints, although you may have to be realistic in your expectations (I don't think you are likely to be offered significant further compensation).

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