Judgment Order - what next?

[thecheek]

Hello,

 

I have a small claim against a building company that has gone to court.

 

Have received a letter from the court saying "the defence is struck out" which i assume means I have won?

 

There is nothing else on the letter saying what happens next or how I go about trying to recover the money I filed the claim for.

Can anyone please advise what the next steps may be?

 

Thanks  

 

[BankFodder]

Please will you post the letter here.

In scanned PDF format please.

if the defence has been struck out and they haven't been invited to another one then presumably you can apply for judgement.

it sounds strange that it only says that the defence has been struck out and doesn't say why or or what the consequence is is. Please post up the order

 

 

 

[BankFodder]

also, if you get the judgement and if it is for more than £600 then you should immediately transfer up to the high court for enforcement. High court enforcement officers will enforce very vigorously and it will only cost you £66 which will be recovered when the judgement sum is recovered

[AndyOrch]

Hi and Welcome to the Forum

 

I have  moved your Topic to General Legal Issues forum.

Subject to the reason the defence has been struck out the defendant must be allowed time to vary or set a side...normally 7 days from the date of order.

 

pity it didn't state struck out forthwith.

 

The court will inform you separately by way of a further order or general order you have judgment.

 

Andy

[thecheek]

Thanks for the replies, I have  attached the order which was sent earlier this year. My understanding is that the defence was struck out because the Defendant did not file a defence. 

 

You will see the order dates back to February and nothing seemingly has happened since. The claim was for £10K .

 

Have no idea how this all works or what action needs to be taken next....

 

 

 

 

letter.pdf

[AndyOrch]

Then you should have a default judgment dated Feb.....ring the court that issued the judgment....

 

Did you submit your claim on line or manually ?

[AndyOrch]

If manual use the following.....

 

https://www.moneyclaimsuk.co.uk/PDFForms/N225.pdf

[thecheek]

Thanks for the further replies.

 

No, a default judgment was never received but I shall request one.

 

What can I expect to happen after that? Do the courts pursue the defendant on my behalf for payment or do I have to do this?    

[AndyOrch]

Still waiting for your response to my post #6 manual claim or on line MCOL ?

 

As the advice will be completely different.

[thecheek]

Apologies, claim was done on line

[AndyOrch]

Thanks....so log into your account on MCOL and see the status...if you have yet to attain judgment request judgment..If you already have judgment proceed to enforcing the judgment..

 

Step 1 & 2 – Guidance and Type of Judgment

Log in to your MCOL account and select the relevant claim from the claim menu. In the Claim Overview, select ‘Request Judgment’ from the available options. From the first screen (Step 1 of 8), read the guidance carefully and then select continue.
In Step 2 you will need to choose whether you are requesting ‘judgment by default’ (the defendant has not filed a defence or admission to the claim) or ‘judgment by acceptance’ (the defendant admits that all the money is owed). Remember, you can only request judgment
by acceptance if you have received an admission from the defendant.

 

[AndyOrch]

Manual Judgment requests

If you are unable to request judgment online you can complete form N225 (or N225A where the defendant has filed a part admission) and send it to the court. Please be aware that doing this will prevent you from taking any further action on the claim online. Forms N225 and
N225A are available to download from www.justice.gov.uk/forms.

 

12 H What happens if the defendant does not pay?

If the defendant does not make the payments ordered you can consider whether you wish to proceed to enforcement. There are various methods available which are explained in the booklet EX321 (I have a judgment but the defendant hasn’t paid – what can I do?). This leaflet can be downloaded from www.justice.gov.uk/forms.

If you wish to apply for a warrant of execution, this can be requested online. For all other methods you must contact the court to request a ‘transfer for enforcement’. Once you receive the notice of transfer you may contact the appropriate court directly in order to apply to enforce
your judgment. Please note that you will no longer be able to see updates online and you will need to contact the court of transfer for future correspondence.

If the judgment is for more than £600 you may be able to ask a High Court Enforcement Officer (HCEO) to try to collect the money or remove goods to sell at auction. Whilst you cannot request a Writ online, you do not need to request a transfer to another court. The
HCEO will be able to arrange the Writ. Please note MCOL cannot advise how to issue aWrit, or provide updates on the progress of the Writ. You will not be able to view updates on the progress of the Writ online, you will need to liaise with the HCEO.

More information about HCEOs can be found in booklet EX345 (About Bailiffs and Enforcement Officers), which can be downloaded from www.justice.gov.uk/forms. Additionalinformation can be found at http://www.justice.gov.uk/courts/enforcement-officers, which
includes the Directory of Enforcement Officers, as well as via the High Court Enforcement