small claim or money claim online

gogoru

Hello everybody,

I want to do a question about my small claim. I did a claim via money claim online and a couple weeks ago that changed the status:

Your judgment against Mr XXXXX was issued on 11/07/2014 ( by default)

I sent a letter to defendant ask my money in 14 days or I will enforce judgment, but yesterday I saw this in my profile of money claim online:

A request to change the payment instalments for Mr XXXXX was submitted on 29/07/2014
A bar was put in place for Mr XXXXX on 29/07/2014

but I don't know the meaning of "A bar was put in place for Mr XXXXX", What is the next step? if anyone could help me would be very grateful

Greetings.

Atidi

gogoru wrote: »

Hello everybody,

I want to do a question about my small claim. I did a claim via money claim online and a couple weeks ago that changed the status:

Your judgment against Mr XXXXX was issued on 11/07/2014 ( by default)

I sent a letter to defendant ask my money in 14 days or I will enforce judgment, but yesterday I saw this in my profile of money claim online:

A request to change the payment instalments for Mr XXXXX was submitted on 29/07/2014
A bar was put in place for Mr XXXXX on 29/07/2014

but I don't know the meaning of "A bar was put in place for Mr XXXXX", What is the next step? if anyone could help me would be very grateful

Greetings.

Well the good news is that the defendant has effectively admitted liability, so it would be difficult for him to later ask the judgement by default to be set aside.

You should now respond to the request made by the defendant.

Your options are:

1. Accept the offer of instalments
2. Ask for higher monthly instalments
3. Request that the judgment debt be paid immediately

Even if you accept payment by installments, either as proposed or higher amounts, then the CCJ will be recorded against the defendant.
(If the defendant pays in full immediately, there will be no ongoing record against him)

gogoru

Thanks for your time and help

gogoru

Atidi wrote: »

Well the good news is that the defendant has effectively admitted liability, so it would be difficult for him to later ask the judgement by default to be set aside.

You should now respond to the request made by the defendant.

Your options are:

1. Accept the offer of instalments
2. Ask for higher monthly instalments
3. Request that the judgment debt be paid immediately

Even if you accept payment by installments, either as proposed or higher amounts, then the CCJ will be recorded against the defendant.
(If the defendant pays in full immediately, there will be no ongoing record against him)

Hello,

Today I've received the copy via postal of an application made by teh defendant for a variation of the Judgmente (n245). I don't accept the offer.

This is the letter:


Please fin attached a copy of an application made by the defendants for a variaton of the Judgment instalment order:

if you accept the defendant's offer:

(A) DO NOT reply to the Court.

A variaton order will be printed in accordante with the defendant's offer after 16 days, a copy will be sent to you to confirm this.

OR

if YOU DO NOT ACCEPT the defendants's offer:

(B) Please write to court stating that you do not accept the defendant's offer of payment, but will accept payment (by instalments of ______ per week/month) or (in full by ______): Your response must received within 16 days of the date of the N245. The date of the N245 is stamped in the top right corner in the box market "Date copy sent to Claimant". The Court Officer will then determine the rate of payment and send you and the defendant a copy of the new order.


How can I write to the court? Do I need any form?

Greetins.

Atidi

gogoru wrote: »

Hello,

Today I've received the copy via postal of an application made by teh defendant for a variation of the Judgmente (n245). I don't accept the offer.

This is the letter:


Please fin attached a copy of an application made by the defendants for a variaton of the Judgment instalment order:

if you accept the defendant's offer:

(A) DO NOT reply to the Court.

A variaton order will be printed in accordante with the defendant's offer after 16 days, a copy will be sent to you to confirm this.

OR

if YOU DO NOT ACCEPT the defendants's offer:

(B) Please write to court stating that you do not accept the defendant's offer of payment, but will accept payment (by instalments of ______ per week/month) or (in full by ______): Your response must received within 16 days of the date of the N245. The date of the N245 is stamped in the top right corner in the box market "Date copy sent to Claimant". The Court Officer will then determine the rate of payment and send you and the defendant a copy of the new order.


How can I write to the court? Do I need any form?

Greetins.

You can just write a letter to the court (they have given you a template in part , remembering to include the reference details at the top RHS of the form (you may wish to attach a copy of the original form with your response)

As a matter of interest, on what basis do you not accept the repayment plan on offer?
The form sets out the income & expenditure details of the defendant, and hence their available spare income to pay you what is owed; the court will use this information in their determination.

Of course if the defendant is offering to pay back at a far lesser rate than the available spare income they have declared available, then the chances are the court will probably support you as far as possible, but remember you can't get blood out of a stone.

gogoru

Atidi wrote: »

You can just write a letter to the court (they have given you a template in part , remembering to include the reference details at the top RHS of the form (you may wish to attach a copy of the original form with your response)

As a matter of interest, on what basis do you not accept the repayment plan on offer?
The form sets out the income & expenditure details of the defendant, and hence their available spare income to pay you what is owed; the court will use this information in their determination.

Of course if the defendant is offering to pay back at a far lesser rate than the available spare income they have declared available, then the chances are the court will probably support you as far as possible, but remember you can't get blood out of a stone.

He is inflating his expenses and I know what he has other incomes that isn't reflected. He offer me 10 GBP per month and the total amount is 700 GBP and he has more of 3000 gbp of incomes.

His offer is incredible, I am going to wait maybe 6 year to recover my money...

Savvy_Sue

gogoru wrote: »

He is inflating his expenses and I know what he has other incomes that isn't reflected. He offer me 10 GBP per month and the total amount is 700 GBP and he has more of 3000 gbp of incomes.

But can you prove that? If you can, then do send details with your response, but if you can't then I'm not sure, but I think the court will take the figures he has given at face value.

AbbieCadabra

Savvy_Sue wrote: »

But can you prove that? If you can, then do send details with your response, but if you can't then I'm not sure, but I think the court will take the figures he has given at face value.

i used to deal with court summons after issue, a few years ago now, but i'd get the admission form & offer of payment & have to decide if the offer was accepted. just as Sue says, unless you can prove otherwise, the Court will just go on what he's quoted (unless it really doesn't add up or the info is incomplete/way off). even if it was pretty obvious that the figures were bogus, we couldn't prove it, so 9 times out of 10 you'd have to accept. they'd usually default anyway, so the process was pretty meaningless!

might be worth a call to the court to advise that you know the figures are wrong, what evidence would they actually require or would they even accept? could he be made to attend court & complete a statement of means? i think that's taken as a sworn statement & he'd be in contempt if he didn't supply accurate info?

don't quote me on that though, it's a long time since i dealt with these, best to get direct advice from the court on what next. good luck

Atidi

gogoru wrote: »

He is inflating his expenses and I know what he has other incomes that isn't reflected. He offer me 10 GBP per month and the total amount is 700 GBP and he has more of 3000 gbp of incomes.

His offer is incredible, I am going to wait maybe 6 year to recover my money...

The court will be very interested to hear any such evidence of this.

The defended has attested
"I declare that the details I have given above are true to the best of my knowledge"

If you can show he has perjured himself to the court, he'll be in much more trouble than owing you £700

Atidi

AbbieCadabra wrote: »

i used to deal with court summons after issue, a few years ago now, but i'd get the admission form & offer of payment & have to decide if the offer was accepted. just as Sue says, unless you can prove otherwise, the Court will just go on what he's quoted (unless it really doesn't add up or the info is incomplete/way off). even if it was pretty obvious that the figures were bogus, we couldn't prove it, so 9 times out of 10 you'd have to accept. they'd usually default anyway, so the process was pretty meaningless!

If a defendant defaults on an agreed repayment plan, the complainant can go back to court and ask for full and immediate payment of the outstanding amount ... which they will nearly always be granted.

AbbieCadabra wrote: »

...might be worth a call to the court to advise that you know the figures are wrong, what evidence would they actually require or would they even accept? could he be made to attend court & complete a statement of means? i think that's taken as a sworn statement & he'd be in contempt if he didn't supply accurate info?

don't quote me on that though, it's a long time since i dealt with these, best to get direct advice from the court on what next. good luck

The judge's role is to get to the (probable) truth of the matter.

If the OP has evidence to support the allegations, the court will seek to find the truth. e.g. it is very difficult to overestimate the leccy bill, as the court can simply ask for a copy of the bill. A person's bank account statements are also often very telling of their income & expenditure. A person's tax return/P60 is very telling of their income, etc.

There are other ways the court will use too, but I shan't go into those details here.

jaysancort

I am taking someone to court and this has appeared on my money online application

A bar was put in place for Mr XXXXX

So what does it mean?

Also it then states he changed his address the day after? Why do that?

BTW he is defending against my claim