Tribunal costs enforcement

TLOR

Thanks for the replies, you are correct in that you have a month to pay a CCJ however it does appear on the register immediately, it will however be removed from the register if it is paid in the first month. This is the crux of the issue, as soon as it appears on the register as a CCJ I am screwed as I can't obtain credit to pay it and will be in catch 22 situation.

My question is more about the ET process and the time to pay the award. Numerous sites state that an ET can only be registered at the County Court once any time clauses have expired and therefore the award is considered in default.

It is also correct that the HCEO can enforce the award via the CC but it is my understanding that these simply provide a fast track method to simplify the process but behind the scenes they simply do the same thing, arrange for a solicitor to register the ET judgement at the CC.

I am not aware of any powers the HCEO would have WITHOUT the CCJ?

ValHaller

TLOR wrote: »

Thanks for the replies, you are correct in that you have a month to pay a CCJ however it does appear on the register immediately, it will however be removed from the register if it is paid in the first month. This is the crux of the issue, as soon as it appears on the register as a CCJ I am screwed as I can't obtain credit to pay it and will be in catch 22 situation.

Not saying it will not affect credit, but prior to the month being up, it should not affect credit. In essence, you are 'allowed' to have a dispute go to court to work out if money is owed - and that could be any kind of dispute, not simply a 'bad credit dispute' - perhaps someone has done some work on your property and you have withheld money because you feel the quality is not adequate. And in such circumstances, the existence of the CCJ should not be used to infer that you are a bad credit risk. Only after a month is there any reason to consider it a 'bad debt'

TLOR

ValHaller wrote: »

Not saying it will not affect credit, but prior to the month being up, it should not affect credit. In essence, you are 'allowed' to have a dispute go to court to work out if money is owed - and that could be any kind of dispute, not simply a 'bad credit dispute' - perhaps someone has done some work on your property and you have withheld money because you feel the quality is not adequate. And in such circumstances, the existence of the CCJ should not be used to infer that you are a bad credit risk. Only after a month is there any reason to consider it a 'bad debt'

That certainly makes in the example you give, however I am not sure it applies to the transfer of a ET judgement to a CCJ as the judgement isn't up for dispute.

Can anyone say this for certain?

makeyourdaddyproud

Were you taken to tribunal or did you initiate it?

Are you an employer?

ValHaller

TLOR wrote: »

That certainly makes in the example you give, however I am not sure it applies to the transfer of a ET judgement to a CCJ as the judgement isn't up for dispute.

Can anyone say this for certain?

I can;t say for certain. But you should still get due process - ie an opportunity to defend, because courts don't like looking stupid ordering a CCJ if for example you have paid.

TLOR

makeyourdaddyproud wrote: »

Were you taken to tribunal or did you initiate it?

Are you an employer?

Thanks for your response, I was the claimant not the employer

TLOR

ValHaller wrote: »

I can;t say for certain. But you should still get due process - ie an opportunity to defend, because courts don't like looking stupid ordering a CCJ if for example you have paid.

Thanks again, that is my guess but it is only a guess. It just seems it would be a huge waste of the CC time if everyone could instantly register an ET judgement while the other side was trying to arrange payment, not to mention the consequences the CCJ would then have.

makeyourdaddyproud

One thought: is it possible to discharge an asset (or part thereof) to repay the costs? That way you can avoid an enforced and protracted repayment scheme thus reminding you of the case.

You didn't mention the magnitude of the award against you, so im not entirely sure if a secured loan (one that allows CCJs) couldn't be obtained if its a small fine.