Tribunal costs enforcement

TLOR

Hi,

I am afraid that I just lost a tribunal case and had a cost order awarded against me.

Are the respondents able to register the order immediately with a county court or do they have to wait until a certain amount of time as I don't know how I can pay?

For the record the verdict was given orally and both sides are still awaiting a hard copy of the judgement? I am not sure if the judgement will contain a period to pay, but my main concern is an immediate registration at the county court as I don't want my credit rating effected or have the fear of enforcement officers etc

TLOR

Bump, Bump, Bump!

antonic

I have a feeling that if you cant pay the other sides costs (or come to an agreement to pay them), then they can start proceedings in the County Court to obtain a County Court Judgment for the costs.

The Judge will look at your income and make a decision on how much you have to pay monthly.

If the other side do take this route, then I would recommend that you attend the hearing.

Obviously a CCJ will have a negative effect on your credit rating for 6 years.

TLOR

antonic wrote: »

I have a feeling that if you cant pay the other sides costs (or come to an agreement to pay them), then they can start proceedings in the County Court to obtain a County Court Judgment for the costs.

The Judge will look at your income and make a decision on how much you have to pay monthly.

If the other side do take this route, then I would recommend that you attend the hearing.

Obviously a CCJ will have a negative effect on your credit rating for 6 years.

Thanks very much for your reply.

My plan is to get a loan to pay it as it's not life altering and I would rather avoid the CCJ due to property interests.

This is why I'm concerned about the timings. For example if there is no period to pay and the respondents register it at the County Court the moment they receive it then I will be unable to obtain a loan, catch 22.

I doubt the respondents will entertain a time to pay period but of course I would attempt that as a last resort but I would prefer to know if there is some kind of standard period to pay judgements?

I have read that they may be due immediately, and I have also read that they can only be transfered to a CC when they are in default, this suggests that there may be a time period to pay, and if so is it 7 days, 14 days?

Eek!

paddedjohn

28 days ring a bell

TLOR

paddedjohn wrote: »

28 days ring a bell

Hi John,

Thanks for your reply, is that a) 28 days until it can be registered at the county court (eg CCJ), or b) 28 days to pay because it has been registered otherwise the CCJ stays on my record for 6 years?

I know it's a subtle different but it is huge in my circumstances as if it is a) then I would not be able to arrange a loan to pay it due to the CCJ so would be in a catch 22 situation.

Savvy_Sue

Can you phone the tribunal and ask what the procedure is?

TLOR

Savvy_Sue wrote: »

Can you phone the tribunal and ask what the procedure is?

I couldn't over the weekend, hence the thread. I have however this morning and I have several different answers so its still unclear I'm afraid.

The answers I got were:

1) 42 days to pay
2) THis will be in the judgement
3) THis wont be in the judgement, it will be in the notes
4) You have to pay immediately, interest occurs from the judgement date

Aghhhhhh - so frustrating, would have thought something like this would be standard but have searched ET docs online alll weekend and can find nothing.

Logic tells me that there "must" be a time to pay, otherwise how can you be in default? Also if there wasn't a time to pay then the county court system would be overwhelmed as every joudgement could be registered as in default immediately even if the debtor was planning to pay which would be a waste of resources.

Has anyone here received a judgement against them and confirm if a time to pay is specified within the judgement?

antonic

This is a link to the Registry Trust website http://www.trustonline.org.uk/faqs-help/

I hope you get your questions answered there.

Normally when judgment is granted against you its either "forthwith" - you have to pay immediately OR in instalments.

The forthwith judgment occurs when the defendant doesnt defend the claim OR takes no part in the proceedings - ie they ignore the whole thing in the (vain) hope it will go away.

The instalments is granted, when (you) the defendant , accept the claim, take part in the proceedings and submit details of your income/expenditure to the court and the claimant agrees to your proposals to repay the debt OR the judge makes a decision on how much you should repay monthly.

Now, if you know how much the claim is for (inc legal costs etc), theoretically you *could* apply for a loan to settle this BEFORE it goes to court, because as you aware, once a CCJ is granted against you your credit record is trashed for 6 years.

Good luck.

ValHaller

antonic wrote: »

once a CCJ is granted against you your credit record is trashed for 6 years.

Once a CCJ is ordered, you have 4 weeks or 30 days (I forget which) to pay before it goes on your credit record. The question which remains in my mind is whether a Tribunal award for costs has the same standing as a CCJ in its own right.

antonic

Your right VH !!

My bad for not saying that.

As for your second point it does, because I remember watching the BBC series about High Court Enforcement Officers and one case they dealt with was where someone had won an ET (including costs) and hadnt been paid, so they got a CCJ and paid the extra to get a HCEO and get it pursued.

(I think the debt has to be £600 and higher).

ValHaller wrote: »

Once a CCJ is ordered, you have 4 weeks or 30 days (I forget which) to pay before it goes on your credit record. The question which remains in my mind is whether a Tribunal award for costs has the same standing as a CCJ in its own right.