Small Claim Judgment by Default with immediate payment

tali

Done Small Claim online Judgment by Default with immediate payment - but that will take a few days for to arrive to Trader -so how much time is he given to pay me?
Does he actually have to have hard copy of Judgment by Default ? Or once i request Judgment by Default with immediate payment can i send Bailiffs at any time?
What if i pay for Bailiffs and during that time i get paid by Trader? is trader liable for my Bailiff costs?
If i request Bailiffs - how long before they visit Trader?
I tried to post in CAB debt section - but mysteriously i can't

bod1467

Once a judgement is made then the losing party typically has 30 (28?) days to pay before a CCJ is registered. Only then can bailiffs be instructed (is my understanding)

samsmoot

The Defendant is liable for the bailiff costs. If after the 30 days are up they haven't paid, and you send the bailiffs in, that's the trader's problem. I wouldn't be too quick about sending the bailiffs in - but don't be too slow either. I'd wait until around 5 days after payment was due.

I think the court always sends a written Judgement to the Defendant so they should have a hard copy. They can always say they never got any paperwork and try and get the claim struck out, or they may disappear before you get your money. These things happen, so maybe worth mentioning.

agrinnall

tali wrote: »

I tried to post in CAB debt section - but mysteriously i can't

It's not really mysterious: the CAB forum was a failed experiment that closed for posting in December 2012. I thought there used to be a banner explaining that but it doesn't seem to be there now (if indeed it wasn't a figment of my fevered imagination).

tali

Thanks , i recall when i tried to do Judgement by default online it would not allow as i was a day too early
However, for warrant execution it seems to be allowing me -even though only 2days have passed since Judgement by default

mattyprice4004

tali wrote: »

Thanks , i recall when i tried to do Judgement by default online it would not allow as i was a day too early
However, for warrant execution it seems to be allowing me -even though only 2days have passed since Judgement by default

Don't you think it's a bit harsh getting judgement and then 2 days later sending bailiffs in? Give the company some time to pay first!

arcon5

There's no minimum time before sending bailiffs in. After all a judgement should be settled 'forthwith'. Although 30 days seems reasonable.

I believe bailiffs write to the debtor with a rough date they will be attending - could be looking at 2+ weeks.

You seem to be in a massive hurry here - may be even making some knee jerk decisions. Have you actually researched the traders business? Sole trader or Ltd? Still trading? Any recent changes to trading name or business name? Any other recent judgements?
If you don't do your research you could be yet another hundred quid down pursuing a debt you may not be able to recover.



For me, when a debtor ignores court papers, allowing judgement by default to be made then alarm bells are ringing!!!!!

tali

mattyprice4004 wrote: »

Don't you think it's a bit harsh getting judgement and then 2 days later sending bailiffs in? Give the company some time to pay first!

I should have added -they guaranteed me refund on....... 23 July - 6 weeks after initial transaction
They then guaranteed refund on another SEVEN dates thereafter with even " money will be in your account tomorrow.Definately."

arcon5 wrote: »

There's no minimum time before sending bailiffs in. After all a judgement should be settled 'forthwith'. Although 30 days seems reasonable.

I believe bailiffs write to the debtor with a rough date they will be attending - could be looking at 2+ weeks.

You seem to be in a massive hurry here - may be even making some knee jerk decisions. Have you actually researched the traders business? Sole trader or Ltd? Still trading? Any recent changes to trading name or business name? Any other recent judgements?
If you don't do your research you could be yet another hundred quid down pursuing a debt you may not be able to recover.



For me, when a debtor ignores court papers, allowing judgement by default to be made then alarm bells are ringing!!!!!

Company is Private limited with share capital.It is actively trading from 1 premises with 24hr number and facebook/twitter.
They do appear to have previous small claim(s) against them.
It has traded under that name since beginning in 2009
It had changed registred address 3 times this year.This is reason they have not responded because a address change occured when i sent my claim.However , they were not aware at any stage that i was issuing any proceedings whatsoever.
I have issued judgement now to their Trading address
Oddly , though they are not on the Royal Mail database for any of their addresses
Financials for company are
Cash
3.7k
Book Value
169
Current Liabilities
4.3k

tali

21 Sep 2013 Change Of Registered Office Address

28 May 2013 Annual Return

03 Apr 2013 Change Of Registered Office Address

27 Mar 2013 Change Of Registered Office Address

19 Jan 2013 Change Of Registered Office Address

31 May 2012 Annual Accounts

28 May 2012 Annual Return

26 Apr 2012 Change Of Director’s Details

04 Oct 2011 Change Of Registered Office Address

31 May 2011 Annual Accounts

28 May 2011 Annual Return

09 Jun 2010 Change Of Director’s Details








Cash to Current Liabilities Ratio
0.86
31 May 2012+0.61(240.14%)
Previous Values
Date Value
31 May 2011 0.25
31 May 2010 0.28

arcon5

Look further in to these addresses, check they aren't forwarding address' or accountants office. The fact they've been going seeral years may be a good thing.

Do you know if the other judgement was ever satisfied?

Do they allow you to collect orders from them? If so, you could use this as a way of obtaining an address stock is actually held at.

Have you emailed them or phoned them and basically said 'when are you going to pay this judgement or will I have to sent in bailiffs?' - could get their attention.

What's the value of the judgement?

tali

Registered addresess are it seems just accountant offices.
I emailed them to all their email addresses threatinng legal action within a specified period.My MP even wrote to them.They did not reply to either.I do not want to alert them beyond that as they could make avoidance preparations.They do have trading manned premises on the high st
They owe me £3160.
I will send HCEO rather than county court baliffs if needs be.My only concern is the address change when claim was issued and they could use this as defence of non recepit?