MCOL Help

hmd1987

Hiya

Just wanting some advice on what to do next. I submitted a claim using the MCOL system on 11th January this year for £75, no interest, after trying to chase a particular company who took money from us.
My claim was issued on 12/01/2011 - No Response from the "defendant" was recieved.
So I submitted a judgment against *** on 02/02/2011
My judgment against *** was issued on 03/02/2011
The judgment was then ruled in my favour and I was entitled to the £75

*** notified the court of a change of address on 22/06/2011

That is the last I have heard, I can see on the system that I can request a warrant but this costs £100, which I would rather not pay.

I have tried to read all the pdfs about the system etc but I'm not sure what to do next?

TonyMMM

You have found the weakness in the system - getting a judgement against someone doesn't mean you will get any money, it just means a judge has ruled that you have a right to have the money paid.

Enforcing that judgement is a whole other process, and you could spend quite a sum on warrants and bailiffs and still never get anything back.

The company will now have a CCJ registered against them, but they may have loads already and not care. You need to weigh up the chances of success against the costs involved.

Equaliser123

TonyMMM wrote: »

You have found the weakness in the system - getting a judgement against someone doesn't mean you will get any money, it just means a judge has ruled that you have a right to have the money paid.

Not really a weakness in the system. If a defendant does not have assets to pay a judgment then it has been a waste of money.

OP is entitled to enforce the judgment. If he doesn't want to chuck more money at it, then that is for him to decide. If he does (and the bailiffs are successful) the enforcement costs will also be recoverable.

paddyrg

However if they do have assets, and are just not giving them to you, then by all means follow it up - I think you can even petition to have their company wound up if they don't play ball.

hmd1987

Hmm its really annoying - the company caused a lot of stress and upset, but we just don't have a spare £100 to try and do the warrant thing....

Already £25 out of pocket for the claim, i don't see the point in the system if they can get out of paying

Equaliser123

hmd1987 wrote: »

Hmm its really annoying - the company caused a lot of stress and upset, but we just don't have a spare £100 to try and do the warrant thing....

Already £25 out of pocket for the claim, i don't see the point in the system if they can get out of paying

Do you think they have the money?

hmd1987

yep they do - they are still in business, its a chair cover company that we used for our wedding in december

Equaliser123

hmd1987 wrote: »

yep they do - they are still in business, its a chair cover company that we used for our wedding in december

Then pay for the enforcement. Otherwise you have lost the issue fee.