Small Claims Court Advice

nicki_moo

Trying to keep this succinct!

We had a dodgy gardener who wrecked our garden last year, leaving it unusable and dangerous for our two children. We are suing him, not his 'company' as it does not appear to be a legally trading company. Long story short but after giving him ample opportunity (almost a year) to fix the problem we borrowed money from family and employed a new gardener who completed the job to our satisfaction and now we are seeking the cost of the new gardener from the old one.

We have raised a claim and he has accepted liability via text messages and offered to pay in instalments. Although it was going to go on longer than I liked, I was at least happy that within 12 months we wouldn't have to think about this guy ever again.

So, first payment was missed, so we immediately applied to seek judgement (which we have received) but we asked for the payment to be made in full, as we have recently discovered that he has put his house on the market and I have serious concerns that if/when he sells his house he could disappear (and potentially outside of the UK) and we will not get our money back.

I understand, and please correct me if I'm wrong, but to obtain a warrant this will go before a judge who may look at our claim and throw it out as we have now changed from monthly installments to the payment in full (or we could pay a fee to change it back). I'm just really confused about the whole process, I've spoken to the MCOL people who weren't particularly helpful. Ultimately I just want the money paid back (or as much as possible) in the shortest time possible.

The other issue (and how much of an issue it is I don't know), is that he will not engage with the MCOL system and he will only correspond with us by text message.

Wise words would be gratefully appreciated.

steampowered

I understand, and please correct me if I'm wrong, but to obtain a warrant this will go before a judge who may look at our claim and throw it out as we have now changed from monthly installments to the payment in full (or we could pay a fee to change it back). I'm just really confused about the whole process, I've spoken to the MCOL people who weren't particularly helpful. Ultimately I just want the money paid back (or as much as possible) in the shortest time possible.

What does your judgment say? You need to give more details about what precisely happened with the court process - specifically what forms were filed - if you want to get a sensible answer to this.

An agreement by text message to accept instalments would not be on the judgments and would not affect your ability to enforce.

If it is a forthwith judgment, it doesn't need to go back before a judge, you can go ahead and send the debt to bailiffs. Perhaps use HCEOs if the amount is over £600.

The other issue (and how much of an issue it is I don't know), is that he will not engage with the MCOL system and he will only correspond with us by text message.

If you have a judgment, it doesn't matter. He doesn't need to engage with the MCOL system - he will simply have a CCJ against his name that can be enforced like any other CCJ.

I have serious concerns that if/when he sells his house he could disappear (and potentially outside of the UK) and we will not get our money back.

Then apply for a charging order against his property using form N379. This should mean you get paid out of the proceeds of the sale of his property. The mechanics are explained in court leaflet EX325.

nicki_moo

Hi. Thanks for your reply. The notice that we have regarding judgement is a letter stating 'Notice of Judgment Entered' and it just states
'In accordance with your request, judgment was entered against the Defendent on 2 November 2016. Does this not mean that judgment has taken place or are we now awaiting a judge to do something.

I'm also not entirely sure what it means if he now has a CCJ against him - what does this mean?

I appreciate your help with this. I've never had to do anything like this before - as you can tell!

DCFC79

https://www.moneyadviceservice.org.uk/en/articles/dealing-with-county-court-judgements-ccjs

steampowered

nicki_moo wrote: »

Hi. Thanks for your reply. The notice that we have regarding judgement is a letter stating 'Notice of Judgment Entered' and it just states
'In accordance with your request, judgment was entered against the Defendent on 2 November 2016. Does this not mean that judgment has taken place or are we now awaiting a judge to do something.

It means you've got judgment so go ahead and enforce it.

I'm also not entirely sure what it means if he now has a CCJ against him - what does this mean?

CCJ stands for 'county court judgment'. This is a judgment from the court ordering him to pay the amount claimed. It will go on his credit rating and will stay there for 6 years if it is not paid within 28 days.

I appreciate your help with this. I've never had to do anything like this before - as you can tell!

That's perfectly OK. The system should be straightforward, but the amount of legal lingo makes it more complicated than it needs to be.

Sicard

Bailiffs have more limited powers than court 'sheriffs'. http://thesheriffsoffice.com/articles/high_court_enforcement_officer_or_county_court_bailiff

hollydays

And well done for taking him to court. Many people complain about their plight but seem to lack the oomph to do this. I'd also be keeping a weather eye on his whereabouts , ring and surrepticiously ask the estate agent about the house including why he's selling, get someone to walk past his house and get chatting to a neighbour about the for sale sign.;)

nicki_moo

Thank you all. Last question (I think) - the 28 day thing - do we have to wait the 28 days before I can move this to the next stage or can I just go for it now?

Do I need to do something about a warrant or can I just go straight to the HCEOs?

Good idea about the house. Think I might be making a few phone calls in the next few days