How do I enforce payment of a CCJ if defendant doesn't pay up?

LovelyLeeds

Hello, I'm hoping someone can help me with some pointers please. I've just won a court case involving a motor trader selling me a secondhand car, the judge ruled in my favour as misrepresentation at point of sale. After I receive the letter of confirmation from the court, if the defendant doesn't pay up within 14 days, I have to enforce payment myself. :eek:
The judgement is for £1,020 - surely if I used the services of a solicitor to recoup this, the solicitor will swallow up most of it??
I'd appreciate any help/advice on how I go about collecting the money.

mcjordi

you can appoint bailiffs who will add their charges on to the amount owed..

Lum

Bailiffs are probably the only option, I think it may be possible for them to recoup their own costs in the process.

If you do this, can you also film the event and put it on Youtube


Edit: Beaten with a more accurate answer, oh well.
Also, didn't someone on this very forum do the same thing against the local branch of their bank after the bank refused to pay up after losing a bank charges reclaim case.

mikey72

You can instruct the court to appoint bailiffs, it should be in the next stage of the procedures. They'll collect enough to cover their fees, and then your settlement.

http://www.hmcourts-service.gov.uk/infoabout/enforcement/warrant/index.htm

LovelyLeeds

mikey72 wrote: »

You can instruct the court to appoint bailiffs, it should be in the next stage of the procedures. They'll collect enough to cover their fees, and then your settlement.

http://www.hmcourts-service.gov.uk/infoabout/enforcement/warrant/index.htm

The judge made a point of telling me that the court are not police or bailiffs, and that I would have to instruct enforcement myself if payment is not made.
I don't know anything about the court process, but what you said makes more sense than what the judge said - so it's all rather confusing.

Thanks for the replies so far, very helpful.

mikey72

Have a read of

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex322_1109.pdf

The court won't appoint bailiffs if the other side don't pay, in the sense they won't know.
But if you advance the process to the next stage, you can ask for the right to send the bailiffs round, and you go back to court to do it.

daveyjp

A bailiff can only seize goods belonging to the person who has an outstanding CCJ and they can't take tools of the trade. Make usre whoever you are going for has the cash to pay. Chances are they have a string of CCJs already.

http://www.bailiffadviceonline.co.uk/

may help

Quentin

Applying for a warrant of execution (the way you get the bailiff involved) will cost you another £100 court fee up front.

As advised, you only get this back if the bailiff is successful - so find out if there is any realistic chance of getting paid before sending more good money after bad.

(And allow the defendant 14 to 28 days to come up with the money before applying for the warrant, or it could be refused)

LovelyLeeds

I don't know anything about the defendant - so I've no idea if he has other CCJs. It's all rather depressing - sounds as though I've got two hopes, Bob and No.
Thanks for the replies - very useful.

forgotmyname

Silly system really, And the other issue is how much has it cost you to find this out?

Too many people make good livings from these loopholes and flaws in the system.

Quentin

LovelyLeeds wrote: »

I don't know anything about the defendant - so I've no idea if he has other CCJs.

An online check for ccjs is £8 per defendant - this will show you any other registered ccjs (and most importantly whether or not they are "satisfied" ie paid)

Google trustonline for details.

As far as the defendant having any money to pay you - is it a company or an individual? If it's an individual you could do a little detective work and see where he lives/car driven etc. Not conclusive but would give you an idea.