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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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northwestbloke

How do I enforce a £5k+ court judgement against Royal & Sun Alliance Insurance plc ***Paid In Full***

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Hi, I recently brought a small claim online against a large insurance company (following a recorded delivery warning letter giving them 7 days to respond, which they ignored), they did nothing so when the appropriate time had expired I applied online for judgement against them, specifying I wanted the full amount, plus interest, costs etc, paid immediately (the original loss for which I claimed was 6 years ago). I now have the judgement as of 30th September, and confirmation arrived by post from the court yesterday.

 

The MCOL service show the next step as to issue a Warrant, but it then states that this is only possible for claims up to £5000. The judgement is between £5,000 and £10,000.

 

So, what would you recommend is the best way to get them to pay up? I'm looking for the easiest, rather than specifically the quickest method (though the quicker the better obviously).

 

Thanks in advance for any help.

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i'm pretty sure "bailiff advice" will be able to help point you in the right direction


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Try high court enforcement for advice.03330015100..

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Please tell us the name of the insurance company. Don't keep this all to yourself.

 

The best thing to do is to have the matter transferred to the High Court and then in force by High Court Enforcement Officers.

 

You will find several companies online which will do the whole thing for you. Check the writing carefully and make sure that you get a company which will not charge you anything if the enforcement fails. This is essential because otherwise if it fails, then you could be liable for the costs which can be substantial.

 

Move quickly on this. Don't bother to tell the insurers. Start the process immediately.


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery

 

This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

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This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

 

Yes if your judgment is over 5K.

 

Andy


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This one – http://thesheriffsoffice.com/is probably as good as any. Don't forget what I said about making sure that you only have to pay the initial fee and then after that it is down to them to make the recovery

 

What happens if no recovery can be made..

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What happens if no recovery can be made..

 

Aborted fees payable by you.

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This in interesting information. In my thread 'lending money to a friend' would this advice be equally valid to me ?

 

Escalate to HCEO's : Yes.

Equally valid? Probably not.

 

The HCEO's will have right of entry to a business's address, and can take control of goods : so they can go into the insurance firm & say "pay up or we walk out with your computers".

 

A) they wouldn't have right of entry into an individual's private address

B) if there weren't assets to seize : you can't get blood from a stone.

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northwestbloke, I suggest you wait and see whether they apply to set aside or to appeal. The order should say how long they've got to do that.

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northwestbloke, I suggest you wait and see whether they apply to set aside or to appeal. The order should say how long they've got to do that.

 

Conversely, if the order says judgment forthwith : get the HCEO's in before they try for a set aside!

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Thanks for your replies. What I received in the post from the court is a "Notice of Judgment Entered" - it has my Claimant details top left, and the claim number, Claimant, Defendant and Date in a box on the top right, then for the judgment details below everything it just states "In accordance with your request, judgment was entered against the defendant on the 30th September 2015." - the rest of the page is blank (except for a standard footer with MCOL's details).

 

So, there's nothing about "setting aside" or appealing the judgment - but please let me know what action the Defendant can take.

 

 

When I called the court service for advice previously they said that the defendant has up to 30 days to pay up, but I could still go ahead immediately and apply for a "high court writ" and I was directed towards the http://www.hceoa.org.uk

 

I also found forms EX325 (which doesn't apply in this case as far as I can tell, but worth mentioning in case it's relevant to anyone else finding this thread) and EX321 (which seems to apply mainly to enforcing orders against individuals, not businesses) and EX322

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex322-eng.pdf which refers to getting a High Court Writ using form N293

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

 

Part 1 of that form N293 is quite clear, part 2 is for the court to complete, but I'm not sure who fills in Part 3 as it asks for a High Court Enforcement Number which I obviously don't have yet. It also looks like I need to specify a High Court Enforcement Officer or I can just specify the region (so presumably the court appoints an appropriate HCEO).

 

I'm still not entirely clear what I should do next. It looks like either get advice on using form N293 or otherwise to employ a HCEO to handle it all for me (whilst making sure I'm not liable for any fees). Does that sound about right?

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I personally would send the insurance company (recorded letter, probably also an email) a copy of the CCJ asking when payment will be made and stating that you will send the debt to High Court Enforcement Officers if payment is not made by 29 October (i.e. one month from the CCJ).

 

If the insurance company tries to have this set aside later, proving that you have done this would reduce the chances of the company trying to say that they should not have to pay the enforcement costs.


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Thanks for your replies. What I received in the post from the court is a "Notice of Judgment Entered" - it has my Claimant details top left, and the claim number, Claimant, Defendant and Date in a box on the top right, then for the judgment details below everything it just states "In accordance with your request, judgment was entered against the defendant on the 30th September 2015." - the rest of the page is blank (except for a standard footer with MCOL's details).

 

So, there's nothing about "setting aside" or appealing the judgment - but please let me know what action the Defendant can take.

 

 

When I called the court service for advice previously they said that the defendant has up to 30 days to pay up, but I could still go ahead immediately and apply for a "high court writ" and I was directed towards the http://www.hceoa.org.uk

 

I also found forms EX325 (which doesn't apply in this case as far as I can tell, but worth mentioning in case it's relevant to anyone else finding this thread) and EX321 (which seems to apply mainly to enforcing orders against individuals, not businesses) and EX322

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex322-eng.pdf which refers to getting a High Court Writ using form N293

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n293a-eng.pdf

 

Part 1 of that form N293 is quite clear, part 2 is for the court to complete, but I'm not sure who fills in Part 3 as it asks for a High Court Enforcement Number which I obviously don't have yet. It also looks like I need to specify a High Court Enforcement Officer or I can just specify the region (so presumably the court appoints an appropriate HCEO).

 

I'm still not entirely clear what I should do next. It looks like either get advice on using form N293 or otherwise to employ a HCEO to handle it all for me (whilst making sure I'm not liable for any fees). Does that sound about right?

 

Not unknown for companies to apply for set aside, with reasons against the claim and the claim going missing, so they did not have chance to respond.

 

You might want to send an HCEO to the Insurers to gain quicker payment and to embarrass them. I am sure an HCEO will tell you exactly what needs to be done in completing the paperwork and once the court has actioned these, they will take over enforcement.

 

But you could send the Insurers head office a copy of judgement asking them to pay by x date or you will elevate for high court enforcement, which would add significant addtional costs for them to pay. They may choose to settle quickly and then you don't have to mess around.


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Thanks everyone. The 30 days is nearly up and today I've instructed High Court Enforcement, based on the recommendation of a solicitor who's been dealing with a personal injury claim for me (I came off a motorbike a few years ago, small incident but fractured arm etc). I had also googled The Sheriff's Office for reviews and there weren't many good ones (from the point of view of a claimant i.e. their customers). The first step is for me to pay the £60 fee to have the case "moved up" to the High Court by the solicitors that HCE use, then they'll go and collect on the debt. If they're unsuccessful they charge a £75+VAT Compliance Fee (both TSO and HCE charges were identical - maybe they're regulated fees) - although that's unlikely in this case of course, being a multi billion pound business.

 

I probably should have instructed HCE weeks ago, although it might provoke the Defendant to apply for it to be set aside and I'm told that the longer they put off applying, the less chance of the court approving such an application. Whatever the case, I can't turn back the clock and I've instructed as of today.

 

I'll let you know how things go.

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I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

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,

I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

 

Quite a lot in my experience. They have artworks on boardroom walls often worth thousands. All the chairs, furniture etc.

 

They will pay up pretty quickly to save embarrassment.


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I wonder what assets the head office of the insurer would have that the enforcement officers could take away?

 

You haven't said what kind of insurer they are or what the original debt is all about?

 

In any event be prepared for a set aside application from the Insurance Company.

 

As I understand it, they can take whatever they want until they estimate they have enough stuff that can be auctioned to realise enough to pay the debt and their fees.

 

This relates to a non-injury road accident I was involved in with a driver whose motor insurance cover was provided by the company in question. I chose not to claim via my own insurance (though I notified them, as one is required to do) and claimed directly off the other driver's insurance company.

 

In normal circumstances it's difficult to prevent the other driver's insurance company from finding out who one's insurance is provided by (in order that they can deal directly with one another over the incident/claims), by virtue of the fact that vehicle details are required to be entered on the MID (Motor Insurers Database), but in my case cover was provided under the umbrella of an "any car" policy and whilst there is a minimum period after which it is mandatory to log a vehicle's details on the MID, in this case I hadn't had the vehicle long enough, so it wasn't on it. Hence, due to my large excess (four figures) and full but non-protectable NCD (which would likely also have meant a significant 4 figure increase to the following year's premium - unless liability was settled as 100% the other driver's fault, which he disputed), rather than claim via my insurance I set about claiming directly off the other driver's insurance company. They could have settled ages ago, but they didn't and I didn't chase it until the 6 year limit for bringing a claim was looming. As mentioned already, I wrote by recorded delivery and they ignored it, they also seemingly ignored the court claim, the result of which is that I now have judgement against them. They haven't yet applied to have it set aside and the next steps are to get the High Court Writ and then the enforcement officers will be knocking on their door (and yes, I did check their address to which I issued the claim was still current and correct, so there's no excuses for them not knowing about it).

 

Can they apply to have it set aside when there are enforcement officers present at their premises?

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As I understand it, they can take whatever they want until they estimate they have enough stuff that can be auctioned to realise enough to pay the debt and their fees.

 

This relates to a non-injury road accident I was involved in with a driver whose motor insurance cover was provided by the company in question. I chose not to claim via my own insurance (though I notified them, as one is required to do) and claimed directly off the other driver's insurance company.

 

In normal circumstances it's difficult to prevent the other driver's insurance company from finding out who one's insurance is provided by (in order that they can deal directly with one another over the incident/claims), by virtue of the fact that vehicle details are required to be entered on the MID (Motor Insurers Database), but in my case cover was provided under the umbrella of an "any car" policy and whilst there is a minimum period after which it is mandatory to log a vehicle's details on the MID, in this case I hadn't had the vehicle long enough, so it wasn't on it. Hence, due to my large excess (four figures) and full but non-protectable NCD (which would likely also have meant a significant 4 figure increase to the following year's premium - unless liability was settled as 100% the other driver's fault, which he disputed), rather than claim via my insurance I set about claiming directly off the other driver's insurance company. They could have settled ages ago, but they didn't and I didn't chase it until the 6 year limit for bringing a claim was looming. As mentioned already, I wrote by recorded delivery and they ignored it, they also seemingly ignored the court claim, the result of which is that I now have judgement against them. They haven't yet applied to have it set aside and the next steps are to get the High Court Writ and then the enforcement officers will be knocking on their door (and yes, I did check their address to which I issued the claim was still current and correct, so there's no excuses for them not knowing about it).

 

Can they apply to have it set aside when there are enforcement officers present at their premises?

 

No as that would take time, but they could apply for a stay of execution to stop HCEO action. Pretty unlikely. They will just pay up, if they have not taken any actions already e.g already applied for set aside and will ask court to look at urgently


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Thanks. By way of an update, the High Court Writ has been obtained and HCE have written to the company concerned giving 7 days (working days plus 2 days postage - so nearer 2 weeks in reality) to pay up otherwise enforcement officers will visit.

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Well, the time expired and the job was passed to an Enforcement Agent on Saturday. When I spoke to him this afternoon he'd been looking forward to the job and was going to it as his first job this morning. On his way, however, he was notified that the Defendant had paid up in full. HCE have now confirmed that they have the total amount of my judgement, a statutory £111.75 (which effectively includes a reimbursement of the £60 fee I pre-paid to have the matter moved up to the High Court) and £80 in interest. However, they're bound to keep hold of it for 14 days before sending it to me.

 

It's fair to say I'm happy with the outcome and the process itself wasn't too arduous (it would have been a lot different if the Defendant had decided to respond and could perceivably have counter-claimed too). I'll reveal who it was once I've banked the cheque.

 

For now, I just need to dispose of the damaged vehicle that's been in storage for over 6 years.....

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Excellent ...well done NWB delighted that this has been resolved.

 

Thread title amended to reflect your success.

 

Regards

 

Andy


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Just a quick note to say I received the cheque from HCE and it's now cleared my account. The legal department of the insurance company in question have since been chasing me to confirm in writing that the debt is satisfied so they can get it removed as a black mark on their record. I did email but had to put that it was subject to clearance of the cheque. I can't say I'm all that inclined to be helpful and quickly forthcoming given how slow they were, but all's well that end's well I suppose.

 

Anyway, I said I'd reveal who it was once it was all settled. It was Royal & Sun Alliance Insurance plc, Parkview House, Victoria Road South, Chelmsford, Essex CM1 1NG. The date of the judgement was 29th September 2015.

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