Trying to claim monies through Money Claim Online

sinope15

Hello,


I wondered if anyone could offer me some advice?


I have issued a claim through Money Claim Online, the court confirmed that the claim had been issued and allowed 14 days for the Defendant to respond, they did not, so I issued a Judgement which was also confirmed by the court, but still they have not responded in any way. Although I had overlooked this for a while ( 2 and half months), my only other option is to issue a warrant, this will cost me a further £70 but I am unsure that this will be effective as I seem to be spending a lot of money in order to persue this claim. The amount being claimed is worth it especially with the interest now accumulating but has anyone else had a similar experience and if so, is it worth doing this, I have not heard anything from the court either??


Awaiting a reply in anticipation??

pooch

sinope15 wrote: »

Hello,


I wondered if anyone could offer me some advice?


I have issued a claim through Money Claim Online, the court confirmed that the claim had been issued and allowed 14 days for the Defendant to respond, they did not, so I issued a Judgement which was also confirmed by the court, but still they have not responded in any way. Although I had overlooked this for a while ( 2 and half months), my only other option is to issue a warrant, this will cost me a further £70 but I am unsure that this will be effective as I seem to be spending a lot of money in order to persue this claim. The amount being claimed is worth it especially with the interest now accumulating but has anyone else had a similar experience and if so, is it worth doing this, I have not heard anything from the court either??


Awaiting a reply in anticipation??

There are various forms of enforcement action.
Why do you say you are "unsure that this will be effective"?

Savvy_Sue

If you think they have the money to settle the claim, it's worth pursuing. If they don't, it's not.

sinope15

Thanks for reply, I am claiming from a small business, so yes I do think the money is retrievable, however, if I continue to pay another £70 to raise a warrant and the defendant still does not respond, then I'm more out of pocket and will not know what course of action I will need to take, I have not heard anything from the court either, it's all gone a bit quiet...... Any advice would be helpful.

Mistral001

sinope15 wrote: »

Thanks for reply, I am claiming from a small business, so yes I do think the money is retrievable, however, if I continue to pay another £70 to raise a warrant and the defendant still does not respond, then I'm more out of pocket and will not know what course of action I will need to take, I have not heard anything from the court either, it's all gone a bit quiet...... Any advice would be helpful.

I do not know anything about Money Claim Online, but I have taken non-payers to the small claims court.


Speaking generally about litigation and this is litigation, you will always have to take a risk and there is a risk that you might not win and even if you win you might not get all costs awarded to you and then again even if you win and get costs awarded you might have further expenses for further court proceedings and hiring debt collectors to actually get your money, but there is more than just money at stake here and there is more than just a principle at stake here, there is your reputation as a business person and an employer at stake. You want people to look up to you and regard you as fair but firm with people who wrong you. If you have to pay a little money or even a lot of money to maintain that reputation, then pay it. It is just a business expense like accountant's expense or even getting the windows of your office cleaned.

pooch

sinope15 wrote: »

Thanks for reply, I am claiming from a small business, so yes I do think the money is retrievable, however, if I continue to pay another £70 to raise a warrant and the defendant still does not respond, then I'm more out of pocket and will not know what course of action I will need to take, I have not heard anything from the court either, it's all gone a bit quiet...... Any advice would be helpful.

As I mentioned earlier, there are several forms of enforcement action you could consider.

However, you seem intent on obtaining a warrant of control (which is one of the options available to you), so presumably you have reviewed your options and decided this would be the best approach.

There is no requirement for the other party to respond in this respect.

If the court agrees to grant you a warrant of control (and I can't see why they won't) then bailiffs (correct term: enforcement officers) will be instructed to collect the money you are owed, or otherwise to sieze goods from the debtor and sell them at auction to obtain the money you are owed.

What are you expecting to hear from the court at present? They've done what you asked them. They have issued you with judgement (by default).

AbbieCadabra

What sort of business is it? Limited co.? Have their own offices/premises with equipment on site? If ltd co., are they up to date with accounts/annual return at companies house? Any changes registered recently, change of address/director etc.?

Marktheshark

sinope15 wrote: »

I am claiming from a small business, .

What small business ?

Mistral001

AbbieCadabra wrote: »

What sort of business is it? Limited co.? Have their own offices/premises with equipment on site? If ltd co., are they up to date with accounts/annual return at companies house? Any changes registered recently, change of address/director etc.?

I would actually try to not think too much about a non-payer's financial circumstances. A non-payer is a non-payer. The publically available information may be hiding a lot anyway, and gossip is usually unreliable. If something or a report from Companies House suggested that the non-payer was in financial poor health, would you decide to hold off from pursuing the outstanding amount?

AbbieCadabra

Mistral001 wrote: »

I would actually try to not think too much about a non-payer's financial circumstances. A non-payer is a non-payer. The publically available information may be hiding a lot anyway, and gossip is usually unreliable. If something or a report from Companies House suggested that the non-payer was in financial poor health, would you decide to hold off from pursuing the outstanding amount?

if it was a Ltd. then I'd always check this info before deciding whether to do a claim, depends on the value too, but sometimes it's just not worth it & it's better to write off as a bad debt & try to avoid similar issues in the future by looking at your credit procedure.

but we don't know if this is B2B or much else, so it's hard to offer advice at the moment.