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Secure way to pay money and get proof of receipt

bjammy
bjammy Posts: 6 Forumite
edited 25 October 2009 at 3:07PM in Debt-free wannabe
I've recently lost a court case and need to pay some money within 28 days to avoid a CCJ.

I believe I can pay it, but the person I've lost to is completely untrustworthy.

Does anyone know a way I can pay them the money, but ensure I get proof to give to the courts so the CCJ will not be placed. A signed receipt is not going to be enough with this person. Can I get a solicitors firm to do it, and if so has anyone got an idea of cost as I think I can only just about pay off the debt?

Thanks in advance,

B
«1

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Hi bjammy

    Don't know what to suggest on this but it might be worth contacting the court to see what they advise?

    (oh and welcome to mse)
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • WASHER
    WASHER Posts: 1,347 Forumite
    Do you have a Paypal account and does the person you owe have an account too?
  • misspoppy
    misspoppy Posts: 1,009 Forumite
    Part of the Furniture Combo Breaker
    Online banking or a postal order which you will have to pay for, a cheque you can prove it on your bank statement
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    A cheque they could fail to bank and claim you never gave them... my choice would be a direct transfer which will show up on your statement including the details of the account it was sent to... give your bank a quick call to verify if the recipient details will be shown clearly on your statement or if you can obtain proof easily that it was sent to the account as instructed etc :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • bjammy
    bjammy Posts: 6 Forumite
    Hi there,

    Thanks for the fast responses much appreciated.

    Tixy, I will contact the courts again, but so far they haven't been of much help, some of there so-called advice actually helped lose the case.

    WASHER, I do have a paypal account so that is something I will look into. Unfortunately the person I lost to does not return any phone calls and any post delivered to him gets returned saying moved away, so will be difficult to get a paypal account to pay into.

    misspoppy, I'm reluctant to send any postal orders or cheques as like MrsTine said, he could quite "conveniently" not bank them and he is the type of person who could be vindictive and want a CCJ to be issued.

    MrsTine, I asked for bank details during the court proceedings, but he would not give them to me. I asked the judge for guidance, but he told me he doesn't give guidance and it is for me to deal with. Which was a fat lot of good.

    I'll try the courts again tomorrow and maybe I'll be able to speak to someone who can help. I'd ideally like the transaction to be witnessed or the idea of an intermediary (i.e. escrow type thing) to handle the payment.

    Thanks for the replies,

    B
  • WASHER
    WASHER Posts: 1,347 Forumite
    If you haven't been given bank details, how on earth is a solicitor going to do a transfer for you then?

    Surely the court has given you some advice on how to pay.

    I'm not doubting what you say, but this doesn't make sense.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Keep a log of your phone calls and send letters by recorded delivery, if they state you have not paid, then you have on record a letter or conversation asking for a means of making payment but the other party refused. Bank transfer is the obvious and most secure way of doing this, so i would send a letter by recorded delivery stating they have failed to provide any payment details so far, and ask for the name, account number and sort code of the account which they would like payment made to.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • bjammy
    bjammy Posts: 6 Forumite
    WASHER, I was wondering if a solicitors firm would some how be able to "serve" a cheque on him, therefore giving me proof that he had been issued with the cheque, or alternatively I pay the solicitors and they in turn find a way to pay him. Was just an idea, but might not be possible. I will try the court again tomorrow, I'm just still a tad angry with them as they gave myself guidance about a few things during the court case that proved to be incorrect.

    DarkConvict, part of my defense during the case was a recorded delivery letter that was sent back to me unopened stating the claimant didn't live at that address anymore and had refused to sign. During the case he said he did still live there, but the judge was completely not interested in this fact. Bank transfer is my preffered option, but if he won't give me his details then it's not an option. But, I agree it is worth pursuing bank details with him, and letting the court know what's happening.

    As I said, I'll try the courts again tomorrow and hopefully get some more options. Such a shame I can't pay the courts and they then give the money to him.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 15 October 2009 at 5:24PM
    Looking at how CCJs work, http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

    Do you have the option to pay the other persons solicitor?

    I'm surprised the court went against recorded delivery if he refused to sign, as you need at least one point of contact, and address / written letters is preferred. Have you considered appealing the decision?

    If you do get bank details from him, make sure they are in writing and preferably sign to show it was him who gave them to you.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • bjammy
    bjammy Posts: 6 Forumite
    Hi DarkConvict,

    The link you attached is exactly what I've been looking for. Just shows my searching powers are not great when it comes to finding government documents ;)

    He represented himself, so I've got to pay him.

    I think I'm going to go the cheque route and send it all recorded delivery and then notify the courts if my cheque hasn't been cashed within a week, and then see what happens. I still haven't received any paperwork from the courts about the decision (it was last week) so I'll chase them up tomorrow as last time it took about 3 weeks for something to arrive, which won't leave any time to pay before getting CCJ'd.

    I've thought about appealing, but to be honest I just want to put it all behind me and move on and without a CCJ. I haven't been left with much faith in the justice system, so if I don't have to hear about it for while I'll be happy.

    Thanks for all the help people, very much appreciated :-)
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