Small claims help

waamo

Then he has sent you junk mail. You can enforce it.

tanvir

If I enforce. Would he have grounds to say he admitted and made instalment plan to pay?

waamo

He can apply to the court to pay in instalments but you can object to it. I'm not sure of the time frame but it sounds like he is too late if you have a judgement. The judgement usually specifies when the debt should be paid by.

DoaM

As above, when was the judgment made and what was the pay by date?

Also as above, if the defendant wants to pay in instalments then this must be done via the court not direct with you.

PS - I think paying in instalments doesn't prevent a CCJ being registered - only paying in full does that.

tanvir

As above, when was the judgment made and what was the pay by date?

Also as above, if the defendant wants to pay in instalments then this must be done via the court not direct with you.

PS - I think paying in instalments doesn't prevent a CCJ being registered - only paying in full does that.

I requested Judgement on 24th October 2017, This was then issued to him on 26th October 2017. I requested the payment to be made immediately.
All of a sudden yesterday I receive a letter from him saying he admits fault and wants to pay by installments, but to my knowledge time period has passed for him to make any offers directly to me.

steampowered

As it does not seem that any stay of execution has been granted, you are free to enforce the CCJ as you see fit.

One option is to seek enforcement through county court bailiffs. HCEOs are another option though it sounds like you may be below the minimum threshold for using HCEOs.

In reality, if he is living at his parents, the bailiffs might not get very far.

I think it would be sensible to write a letter back to the Defendant offering him the option of monthly payments, but saying that the £20 offered is much too low, and suggesting a figure which you would be prepared to agree.

tanvir

As it does not seem that any stay of execution has been granted, you are free to enforce the CCJ as you see fit.

One option is to seek enforcement through county court bailiffs. HCEOs are another option though it sounds like you may be below the minimum threshold for using HCEOs.

In reality, if he is living at his parents, the bailiffs might not get very far.

I think it would be sensible to write a letter back to the Defendant offering him the option of monthly payments, but saying that the £20 offered is much too low, and suggesting a figure which you would be prepared to agree.

Yeah I'm below the limit for HCEOs, so bailiffs are my only option.

If i write a letter stating what I want as a monthly payment and he accepts, do I then forward this to the courts? Or is that his duty? Is there anyway to keep the CCJ active until he fully repays?

tanvir

Hi guys,

So i have drafted a letter to send out to the defendant. I have stated that I beleive their admission is no longer valid as he has responded once the judgement has been served, which means I cannot accept it. I have requested for him to follow judgement and if not I will be enforcing the judgement as I see fit.

Is this suitable, is there anything which I can add/remove before posting this?

Thanks for all your help

steampowered

tanvir wrote: »

Yeah I'm below the limit for HCEOs, so bailiffs are my only option.

If i write a letter stating what I want as a monthly payment and he accepts, do I then forward this to the courts? Or is that his duty? Is there anyway to keep the CCJ active until he fully repays?

No need to inform the courts. You'd only need to get the courts involved if he fails to keep up with the arrangement. The CCJ will remain active for 6 years.

tanvir wrote: »

Hi guys,

So i have drafted a letter to send out to the defendant. I have stated that I beleive their admission is no longer valid as he has responded once the judgement has been served, which means I cannot accept it. I have requested for him to follow judgement and if not I will be enforcing the judgement as I see fit.

This is fine, but what outcome are you realistically hoping for here.

If he can't afford the full amount in one go you can't get blood out of a stone. If he can't afford the full amount offering the 'carrot' of a higher monthly figure you would be prepared to agree, together with the 'stick' of enforcement action via bailiffs, might be a better strategy.

tanvir

This is fine, but what outcome are you realistically hoping for here.

If he can't afford the full amount in one go you can't get blood out of a stone. If he can't afford the full amount offering the 'carrot' of a higher monthly figure you would be prepared to agree, together with the 'stick' of enforcement action via bailiffs, might be a better strategy.

The thing is I know he has the money to payback, he has also provided false information on the admission form which is something Which makes it look Like he can't pay back when he actual can. Realistically I'm wanting this letter to have an effect on him which makes him pay back either in full or a more reasonable monthly plan than what was outlined in his admission form.