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CCJ Issued against two defendants builders partnership. One replied one not. What now


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Back in 2016

we commissioned a builder to undertake extensive renovation works in our house.

 

He originally was a limited company but this company was dissolved in June 2016.

He then started work for us as a partnership.

 

His father has been involved with our job in that he came to our house a couple of times and the kitchen supplied was in the fathers name and address on the invoice.

 

To cut a long story short,

the building works went on far longer than they should and weren't completed until we sacked them.

We asked for a partial refund and this was refused.

 

In May 2017 We employed a solicitor stating our claim.

The son said he did not owe us anything and was going to go bankrupt anyway.

The father said he was never involved.

 

We couldn't afford any more solicitors fees so we decided to lower our claim and decided to issue a CCJ to both father and son as joint defendants.

The date of issue was the 24th November.

 

Today was the deadline to "Acknowledge Service".

The father has acknowledged service but the son hasn't.

 

Now I don't know what to do.

Can I request judgement against the son?

Or do I have to wait another 14 days as I'm assuming the father is going to defend his part.

 

The son isn't on the insolvency register yet so again I'm assuming he hasn't actually applied for bankruptcy.

 

Many thanks

 

oldpoyntz

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if its a joint claim, then iirc as long as one acknowledges, it proceeds. Youve still got a procedure to follow yet, so no chance of getting ANY judgement on anyone until you go through it and a court decides for or against you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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You can request judgment against the Son.....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.8

 

Claim against more than one defendant

CPR 12.8

 

(1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with his claim against the other defendants.

 

(2) Where a claimant applies for a default judgment against one of two or more defendants –

 

(a) if the claim can be dealt with separately from the claim against the other defendants –

 

(i) the court may enter a default judgment against that defendant; and

 

(ii) the claimant may continue the proceedings against the other defendants;

 

(b) if the claim cannot be dealt with separately from the claim against the other defendants –

 

(i) the court will not enter default judgment against that defendant; and

 

(ii) the court must deal with the application at the same time as it disposes of the claim against the other defendants.

 

(3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless –

 

(a) he has obtained a judgment for possession or delivery (whether or not obtained under this Part) against all the defendants to the claim; or

 

(b) the court gives permission.

 

Regards

 

Andy

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  • 3 weeks later...

Moving on with this,

I requested default judgement against one partner who did not acknowlege the original paperwork.

This was on 14th December 2017.

The other has filed a defence within time and a bar was put in place for him and we are waiting for the court paperwork with the defence details.

 

However, a bar has now been put in place for the partner who failed to acknowledge the service or respond and who we asked for default judgement against.

 

Moneyclaim online gives no indication of why a bar was put in place so I'm very confused.

 

Can anyone shed any light on why this may be?

 

Thanks

 

Oldpoyntz

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Ring MCOL and enquire why the bar when they have not responded in time and quote CPR 12.8

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

 

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Hi

I've been going through almost identical issue...

 

Today i found out that the MCOL system will not allow a judgement online against a 2nd defendant if the other is communicating with them.

 

HOWEVER......print off form N225 and fill it in to attain a judgement from MCOL!! Ha !! ( and send it to MCOL in Northampton ) Be careful to fill itb in correctly including interest from the date of ISSUE....

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