Export VAT Dispute Continued - Small Claims Hearing Scheduled *** Judgment for Claimant***

[t1grm]

So the county court got back to me with the following:

"Please note all information regarding enforcing a judgment debt is on our website www.justice.gov.uk.  Please search under the heading “enforcing a judgment” and all further information is there."

I've checked there and found several documents (such as practice document 70) which didn't really help.

However, from the MCOL user guide I found the following:

"If the money is owed by a business, you can ask for an officer from the company to attend court and give details of its accounts."

This contains a link to form N316A. So I think I just need to fill that in and sent it to the county court? Is that correct?

Edited April 12 by t1grm

[AndyOrch]

Not really thats a last resort measure if the Bailiffs fail to recover and you then move on to consider a Third Party Debt Order.

 

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 thebooklet 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.

Requesting a Warrant online

Step 1 - Guidance
Choose the “Warrant” option from Claim Overview page. This brings up a guidance screen,
including a warning that the warrant should be for a maximum of £5000 including costs.

Steps 2, 3 & 4 – Claimant / Defendant Address
Please follow the instructions outlined when entering judgment

Step 5 – Warrant Details
On the “Warrant Details” page the claim judgment figures will show in the top section. The
“Balance due at date of this request” box will already be populated with the judgment figure;
this should be amended to the current amount outstanding. You must then type in the amount
you would like the bailiff to collect on the warrant. This amount cannot be more than the
outstanding balance due on the judgment and cannot be more than £4900 as the system will
not allow the warrant to exceed £5000 (including the warrant fee of £100).
At the bottom of the screen there is a box for “Additional Information” where you can provide
any extra information that may assist the bailiff in the execution of the warrant. The additional
information has a limit of 120 characters and the same conditions apply regarding punctuation
as with the POC.

Steps 6, 7 and 8 – Summary, Payment and Confirmation

Select “Next” to move on to the “Summary” page. You will need to check all the details and
then tick the box to confirm all the information is correct and that you have read the guidance
before signing the page. Click “Next” to proceed to the payment screen.

[t1grm]

Thanks but, according to MCOL bailiffs cannot be used if it's less than £600.

My debt is £545:

"You can apply to either a county court or the High Court if you’re owed between £600 and £5,000."

[AndyOrch]

How to enforce a County Court Judgement (CCJ)

For debts under £600, County Court Bailiffs handle collections through a warrant of control.

[AndyOrch]

How to enforce a County Court Judgement (CCJ)

For debts under £600, County Court Bailiffs handle collections through a warrant of control.

 

Form N323: Apply for a warrant of control to recover money you're owed after a court order - GOV.UK

WWW.GOV.UK

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Ask the court to instruct bailiffs to collect money owed by a debtor and identify the debtor's goods that may be sold. Known as a 'warrant of control'.

 

[t1grm]

OK I misread the statement:

"You can apply to either a county court or the High Court if you’re owed between £600 and £5,000."

It means the lower limit for the high court is £600. I read it as the limit applies to both courts. It could be written better.

So form N323 is what I need then.

[AndyOrch]

[jk2054]

CC ballifs is a super easy procedure but beware once the warrant is issued it can take MONTHS for baliffs to viist

[t1grm]

Thanks, it's taken a year to get this far so I can wait