I have a judgment but defendant hasn’t paid

rmcc89

Just looking for some advice.

This situation has caused me a lot stress, sleepless nights and mental worry for the last few months. All because I trusted somebody

Quick backstory is that, I was stupid --- So, online I agreed a contract for a service 'website', I paid the £500 invoice in full but got nothing in return in 2-3 months. I do though have confirmation that 'sorry he never got around to my job but happy to refund' - I'm yet to see my £500 back.

Breached contract - I went straight to small claims court; no replies or communication from person in question, eventually I now have judgment by default, but still no reply and still not received my money.

Even though I have a lot of evidence to back me up; and now a judgment not worth the paper it's written on because I still don't have my money back. So - I don't know where to go from here. I'm not giving up because the principle of this is most importance.

I have read that 'the court will not enforce the judgment unless you ask it to'. From http://s3-eu-west-1.amazonaws.com/hmctsformfinder/ex321-eng.pdf

So from reading that booklet I see there is still opinions to enforce, but in my mind I don't know what to do because I'm more worried that it's just going to cost me more money, worry and time.

Any advice would be appreciated.
Thanks.

[Deleted User]

I think you're going to struggle with this for some time more. You only have a judgement by default. You'll have to ask the court to enforce it if you want any money back, but the person concerned hasn't actually appeared to answer your complaint and doesn't seem to be bothered that you "won'.

steampowered

There is some guidance on your options here: https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

The best thing to do might be to arrange for county court bailiffs to try and collect the debt.

electic

steampowered wrote: »

There is some guidance on your options here: https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

The best thing to do might be to arrange for county court bailiffs to try and collect the debt.

Although this is only worth doing if the defendant has any assets that could be taken by bailiffs. Is the defendant an individual or company?
If a company, the individual's assets can't be seized, so it is important to find out everything you can about whether the company is still trading, and what assets it has (check the Companies House website).

rmcc89

Thanks for your reply.

It's an individual. Apparently with a family. But he still might not have a pot to !!!! in.

I know he's self-employed though, various types of work. Marketing, web design and personal training at a 'fitness first' type location. So he must have earnings buy again not worried that I 'won' a peice of paper.

Can county court bailiffs collect £500? - I read that high court is £600 plus

My money online cliam was £35 - so now £535 - could I wait wait wait and apply interest and get high court?

[Deleted User]

rmcc89 wrote: »

My money online cliam was £35 - so now £535 - could I wait wait wait and apply interest and get high court?

How could YOU apply interest?

The answer is no.

Fergie76

rmcc89 wrote: »

Thanks for your reply.

It's an individual. Apparently with a family. But he still might not have a pot to !!!! in.

I know he's self-employed though, various types of work. Marketing, web design and personal training at a 'fitness first' type location. So he must have earnings buy again not worried that I 'won' a peice of paper.

Can county court bailiffs collect £500? - I read that high court is £600 plus

My money online cliam was £35 - so now £535 - could I wait wait wait and apply interest and get high court?

High Court Enforcement Officers have more powers than Bailiffs but as you have already pointed out, the amount owed needs to be more than £600.

I believe that you can still ask Bailiffs to enforce your judgement for you. Just make sure you get the name correct on the enforcement order ie company or individual.

naedanger

rmcc89 wrote: »

But he still might not have a pot to !!!! in.

So you are going to have to decide whether it is worth risking more on paying for enforcement.

I suspect if you don't get prompt payment the enforcement costs could well bring the amount owed to more than £600. I don't know if you can then apply to the High Court.

rmcc89

naedanger wrote: »

So you are going to have to decide whether it is worth risking more on paying for enforcement.

I suspect if you don't get prompt payment the enforcement costs could well bring the amount owed to more than £600. I don't know if you can then apply to the High Court.

Yes; that's kind of what I was wondering myself - If it adds up, will I get the option of enforcing judgement again.

I'll need to look into that.

The fee to issue a warrant is £77 on Money Claim. This would take the overal total to £500 + £35 + £77 = £612

I'm just worried because that's what I do overthink - if I get it back - I will invest.

Do you think it's worth the risk? Would you pay more for enforcement?

naedanger

rmcc89 wrote: »

Do you think it's worth the risk? Would you pay more for enforcement?

Sorry I have no experience of chasing debts so don't know what you can do to determine your chances of success. (If you knew the person you would be in a better position as you would know more about their circumstances.)

Going back to the question of whether you can wait for the £500 to accumulate to more than £600 once enforcement costs have been added and then use the high court, I think I would ask a firm of high court enforcement officers. (However my own guess is now that this is unlikely to work as I have seen the rule stated as: "the amount owing under the CCJ is £600 or more" [my emphasis].)

rmcc89

I had an email replying from court services

Unfortunately we can only transfer matters to the high court if the CCJ is over £600.00. we are also unable to include the transfer up fee of £66.00 as part of this amount.