small claim against a "sole trader" caravan repairer ***Paid in Full***

[steampowered]

With the date I can request judgment fast approaching, I would like help on my next move. Obviously, I must request judgment online. When judgment is requested does a judge look at the POCicon and decide if there is enough of a case to rule in our favour, or, does the fact we've had no response make it a win for us anyway?

No, a judge won't look at it, it is an automatic process.

 

Another point to mention, is I drove past his unit the other day. There was no one about, but he still had motorhomes outside and his sign was still above the door. Would it make much of a difference if he was in the process of moving premises?

It makes no difference legally, but practically speaking it will be difficult to enforce a judgment if you can't track him down.

[marka1980]

Thanks Steampowered.

 

I'm quite sure of the defendant's home address. Do you think it might be a good idea to change the business address to his home address when it comes to judgement?

 

I can always go on another occasion and check he is still there. If he doesn't spend much time he will still receive the letters.

 

If it gets to the stage where court bailiffs and high court enforcement officers are involved, will they not track him down anyway.

[marka1980]

Hi,

 

Judgement has now been entered , and payment requested forthwith.

 

If we choose the high court enforcement route. What would happen if the debtor paid during the transfer up process.

 

We are choosing a hceo who would carry out the transfer for us.

[Bazooka Boo]

I wouldn't know to be honest?

 

But I would think that on receipt of your judgement any EO process would be cancelled?

[steampowered]

If the debtor pays up during the enforcement process, you would notify the HCEO and enforcement would stop.

[marka1980]

Thanks steampowered.

 

If it was early in the process, i.e before a visit was made, would I or the debtor be liable for charges already accrued ?

[AndyOrch]

Thanks steampowered.

 

If it was early in the process, i.e before a visit was made, would I or the debtor be liable for charges already accrued ?

 

Depends..if you instructed before the initial time frame to pay elapsed...you would be liable...if after the defendant would be liable.

 

Andy

[marka1980]

Update:

 

 

The defendant has now paid in full via the high court enforcement officers.

 

 

Thanks for all of your help.

 

 

Is there anything else I must do to advise that the CCJ has now been settled?

 

 

Thanks

Mark

[dx100uk]

hey well done glad to help

dx

 

 

 

 

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Please help.

[AndyOrch]

Update:

 

 

The defendant has now paid in full via the high court enforcement officers.

 

 

Thanks for all of your help.

 

 

Is there anything else I must do to advise that the CCJ has now been settled?

 

 

Thanks

Mark

 

Yes very well done...will amend your thread title to reflect the outcome.

 

Its for the judgment debtor to inform the relevant CRA/Trust that its been paid in full/settled.

 

Regards

 

Andy

[panther12]

Well done. If they paid more than a month after the judgment order the ccj will be registered against them for 6 years. Up to them if they want to pay a fee for a certificate of satisfaction. I think the only time that the court may contact you is if the defendant requests the ccj entry be marked as satisfied (or removed if they claim it was paid within one month) but have not provided any proof to the court of the payment & date. In that case the court will write to you for confirmation, if you don't reply they will take the defendants word and amend the entry.

[Bazooka Boo]

Brilliant news! Well done.

 

A definite case of slowly slowly catchy monkey!