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  • FIRST POST
    • wilkies5
    • By wilkies5 19th Apr 17, 7:56 AM
    • 163Posts
    • 116Thanks
    wilkies5
    Won a Court Order, but defendant not paid!
    • #1
    • 19th Apr 17, 7:56 AM
    Won a Court Order, but defendant not paid! 19th Apr 17 at 7:56 AM
    I won a hearing in Small Claims (County Court) to retrieve the cost of a vets bill for the damage the defendant's dog inflicted on mine. After 9 long months I won in full - the costs plus fees totalling £541.
    He had 28 days to pay on the Court order. He hasn't paid.
    I understand from the courts that I can't escalate this for enforcement because the value is less than £600.
    If this is true, how can I get my money??

    Wilkies5
Page 1
    • pinkshoes
    • By pinkshoes 19th Apr 17, 8:46 AM
    • 15,337 Posts
    • 20,899 Thanks
    pinkshoes
    • #2
    • 19th Apr 17, 8:46 AM
    • #2
    • 19th Apr 17, 8:46 AM
    Watch 'the sheriffs are coming'!

    I think you need to appoint a court bailiff to collect the debt, and their fees are added to the debt.

    Does this person have any assets?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Shaka_Zulu
    • By Shaka_Zulu 19th Apr 17, 8:58 AM
    • 1,141 Posts
    • 2,616 Thanks
    Shaka_Zulu
    • #3
    • 19th Apr 17, 8:58 AM
    • #3
    • 19th Apr 17, 8:58 AM
    Watch 'the sheriffs are coming'!

    I think you need to appoint a court bailiff to collect the debt, and their fees are added to the debt.

    Does this person have any assets?
    Originally posted by pinkshoes

    Was that not the Ops point though? OP suggests under £600 your on your own.

    (That's how I read it anyway)
    The best government is the government that governs least
    • sjbrun
    • By sjbrun 19th Apr 17, 9:35 AM
    • 421 Posts
    • 403 Thanks
    sjbrun
    • #4
    • 19th Apr 17, 9:35 AM
    • #4
    • 19th Apr 17, 9:35 AM
    High court enforcement charge £60 which is added to the debt which will take it to over £600. Just make sure he has assets like a car otherwise your just throwing good money after bad.
    • wilkies5
    • By wilkies5 19th Apr 17, 9:54 AM
    • 163 Posts
    • 116 Thanks
    wilkies5
    • #5
    • 19th Apr 17, 9:54 AM
    Court Order must show over £600
    • #5
    • 19th Apr 17, 9:54 AM
    From the Enforcement pack I was sent by the court (because obviously lots of people choose NOT to pay up) they state the court order must be in excess of £600! This is really frustrating!
    I will probably have to trawl through debt recovery agencies locally to see if anyone will take it on.
    Wilkies5
    • shaun from Africa
    • By shaun from Africa 19th Apr 17, 9:55 AM
    • 9,598 Posts
    • 10,758 Thanks
    shaun from Africa
    • #6
    • 19th Apr 17, 9:55 AM
    • #6
    • 19th Apr 17, 9:55 AM
    High court enforcement charge £60 which is added to the debt which will take it to over £600. Just make sure he has assets like a car otherwise your just throwing good money after bad.
    Originally posted by sjbrun
    That won't work.
    The £600 minimum figure that can be escalated to the High Court is based on the County court judgement figure only and not the CC judgement + costs incurred afterwards.

    If the CC judgement was £601 you could then escalate it and add the £60 fee to the money to be recovered (£661) but if the CC judgement was £541 then even though the enforcement fee would take it over the £600 figure, this still couldn't be escalated.
    • steampowered
    • By steampowered 19th Apr 17, 11:36 AM
    • 1,903 Posts
    • 1,778 Thanks
    steampowered
    • #7
    • 19th Apr 17, 11:36 AM
    • #7
    • 19th Apr 17, 11:36 AM
    You can't use High Court Enforcement Officers.

    But you can use use county court bailiffs. The procedure is different.

    So use county court bailiffs.
    • daytona0
    • By daytona0 19th Apr 17, 2:21 PM
    • 2,237 Posts
    • 2,666 Thanks
    daytona0
    • #8
    • 19th Apr 17, 2:21 PM
    • #8
    • 19th Apr 17, 2:21 PM
    Could always try a little bluff of sorts....

    Write to the person and offer them a payment plan (like £50 a month for 10 months) to clear the CCJ. Give them 2 weeks to correspond and, if they do not reply, advise that you will be instructing county court bailiffs to recover the debt in full.

    That way you are sort of giving them an option if the reason for non payment is linked to lack of money.

    You could still go on to use the bailiffs where possible, but I just think that this could turn into a "throwing good money after bad" situation.
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