CCJ paid, but no receipt

nelson9084

I had a court judgement against me this week for some gardening work.
It was only part payment of claim and the claimant had to pay court costs and our expenses for the day.
We paid by cheque outside the court room, but due to the stress etc forgot to ask for receipt.
I've written to the claimant to ask for a receipt, but just wondered what I can do if it doesn't arrive.
It's on the record of the court that I was going to pay outside the court door (put on record by the judge) and the claimant also said that payment would be accepted. Also on the court record.
Please help!

fermi

You can apply for a certificate of satisfaction from the court, in which process if you don't have proof the court will write requesting confirmation from the claimant. If the court does not get a reply to that within one month, they must mark it satisfied anyway.

nelson9084

Thanks for the reply. I spoke to the court and they said that I had to prove I had tried to get a receipt from the claimant before I could even fill the form in to get a certificate of satisfaction. They said I couldn't just fill the form in with no proof of payment. This is a bit confusing as the form has a section for no proof obtained. The discussion wasn't very helpful
I've sent a letter but don't hold out much hope.
How long should I wait for a reply before I send the form to the court.

fermi

I would give it a couple of weeks.

The law only requires that you gice the court a 'statement' that you have tried to get proof of satisfaction, and have been unable to do so.

It does not require you to prove you have tried.

The court staff are often hopelessly ignorant of the rules.

IF you have then tried and are unable to get proof from the claimant, and the court staff get awkward then.....


Write to the court FAO: the court manager pointing out that:

As per regulation 17-19 of the The Register of Judgments, Orders and Fines Regulations 2005.

- You are making an application for a certificate of satisfaction under regulation 17(1)

- Under regulation 18(1)(b) you provide "a statement that the registered debtor has taken reasonable steps to obtain such evidence, but has been unable to do so;"

- which obligates the court to take action under Reg 18(3) "that the appropriate officer shall send notice of the registered debtor’s application under regulation 17(1) to the creditor together with a request that the creditor confirms within one month of the date of the notice whether the debt has been satisfied."

- following which under Reg 19(1)(b)where, "a notice has been sent in accordance with regulation 18(3) and the creditor has not responded within the time limit provided, the appropriate officer shall issue a certificate of satisfaction to the registered debtor."

Consequently, you require the court to comply with their obligations under the regulations.

fermi

You can also point out on their own form that:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n443-eng.pdf

3. If you cannot provide the
court with evidence of full
payment, the court will write
to the creditor to confirm that
the debt has been paid. If the
court does not hear from the
creditor within one month, it
will issue a certificate

and the full regulation section

http://www.legislation.gov.uk/uksi/2005/3595/made

Application for, and issue of, a certificate of satisfaction

17.—(1) A registered debtor may apply to the appropriate officer for a certificate (“certificate of satisfaction”) as to the satisfaction of the debt.

(2) An application under paragraph (1) shall be—

(a)made in writing; and

(b)accompanied by the appropriate fee.

18.—(1) In the case of an application for a certificate of satisfaction in respect of an entry in the Register to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court), the application under regulation 17(1) shall be accompanied by—

(a)sufficient evidence that the debt has been satisfied;

(b)a statement that the registered debtor has taken reasonable steps to obtain such evidence, but has been unable to do so; or

(c)a statement that the registered debtor believes such evidence is already in the possession of the appropriate officer.

(2) For the purposes of paragraph (1)(a), sufficient evidence that the debt has been satisfied includes a signed statement by the creditor to that effect.

(3) Where paragraph (1)(b) applies, the appropriate officer shall send notice of the registered debtor’s application under regulation 17(1) to the creditor together with a request that the creditor confirms within one month of the date of the notice whether the debt has been satisfied.

(4) For the purposes of paragraph (1)(c), evidence which is already in the possession of the appropriate officer includes where—

(a)the debt has been paid as the result of court enforcement proceedings taken under Part 70 of the 1998 Rules;

(b)payment of the debt has otherwise been made to the court.

19. Where an application has been made under regulation 17(1) and—

(a)the appropriate officer is of the opinion that the debt has been satisfied; or

(b)a notice has been sent in accordance with regulation 18(3) and the creditor has not responded within the time limit provided,

the appropriate officer shall issue a certificate of satisfaction to the registered debtor.

nelson9084

Thank you for both replies.
I will follow what you said. Should I phone the court again before I fill the form in a couple of weeks and speak to them about this,or just fill the form in?
The judge put it on the record of the court that we would be paying by cheque immediately outside of the courtroom as we explained we have had issues with the claimant in the past not accepting cheques for payment, or post sent by recorded /special delivery. The claimant also acknowledged on the court record that he would accept the cheque outside of the courtroom.
I am just so annoyed with myself for forgetting to ask for a receipt!
Thanks again

pvt

If the claimant denies receiving payment, you can always get a copy of the paid cheque back from your bank as proof.

The claimant would be very stupid to lie to the court about not having received payment when they had.

Thrugelmir

Perhaps the claimant is simply ensuring that the cheque has cleared before responding.