MoneyClaimOnline - Claim procedure

gaubuali

Hi all,
My partner has done a private buying from Facebook in Christmas last year. She did a bank transfer £170 to seller (I called Miss K) to show that she is really interested to buy it because the seller informed that there were a lot of people interested in.
After receiving the money, Miss K refused for collection in person and asked for £40 for delivery. My partner refused this unreasonable fee and requested for the full refund. Then Miss K blocked my partner from facebook.
Disappointed, we have called to police. An Office has rang Miss K and informed us that because Miss K has had intend to refund so this became civil matter instead of crime.
Miss K unblocked my partner and started to have discussion. After more than 1 month, with a lot of reasons: Miss K was pregnant, felt not good, busy in hospital, waiting for solicitor, wait for cheque from solicitor, ... we still got nothing.
We decided to make claim from MoneyClaimOnline. Here are the logs:

• You submitted a claim on 21/05/2018
• Your claim was issued on 22/05/2018
• You submitted a judgment against Miss K on 16/06/2018
• Your judgment against Miss K was issued on 18/06/2018
• A bar was put in place for Miss K on 02/07/2018
• A request to change the payment instalments for Miss K was submitted on 02/07/2018
• The request to change the payment instalments for Miss K was refused on 16/07/2018
• A request to change the payment instalments for Miss K was submitted on 16/07/2018
• The bar in place for Miss K was removed on 01/08/2018
• The request to change the payment instalments for Miss K was granted on 01/08/2018

Unfortunately until now, we did not receive anything from Miss K.

Should I now go for Warrant of Control ? It will cost more £77.

With this circumstance, I would like to hear any legal comments, suggestions or recommendations from any helps.

Many thanks.

agrinnall

If you want legal comments, consult a solicitor. From a layman's perspective Warrant of Control is probably your best option, but we don't know whether Miss K has money or goods for the bailiffs to sieze.

gaubuali

Thank you. Do you know how much it cost to consult solicitor ?

pinkshoes

I believe Miss K will have to pay the additional warrant of control cost.

This is a simple online claim, you do not need a solicitor.

The above poster was just pointing out that if you want LEGAL advice you need to pay for it, but you can ask on here (public forum) to get advice from experienced people, but none of us are lawyers.

gaubuali

Thank you. I have applied Warrant of Control from MoneyClaimOnline. It costs £77 more.
I am waiting for next steps now.

agrinnall

pinkshoes wrote: »

I believe Miss K will have to pay the additional warrant of control cost.

The cost will be added to the claim, but it's only paid if the bailiffs are able to extract goods or cash from Miss K.

gaubuali

Has the bailiffs any power to check Miss K's house and bank statement ?
Based on what Miss K reported to MoneyClaimOnline, she has low income and 2 or more children. She can only pay £20. Are the bailiffs still extract goods or cash with these regards ?

McKneff

The sheriffs are coming...!!!!

agrinnall

gaubuali wrote: »

Has the bailiffs any power to check Miss K's house and bank statement ?
Based on what Miss K reported to MoneyClaimOnline, she has low income and 2 or more children. She can only pay £20. Are the bailiffs still extract goods or cash with these regards ?

It's a different process (and another charge) to request information from a debtor, see EX324.


https://www.gov.uk/government/publications/apply-for-a-court-order-when-someone-owes-you-money-ex324

gaubuali

Hi agrinnall, thank you for your expert advice.
Are you working in something related to law and gov. ?
Appreciate your knowledge.

agrinnall

gaubuali wrote: »

Hi agrinnall, thank you for your expert advice.
Are you working in something related to law and gov. ?
Appreciate your knowledge.

Nope, I'm just in the midde of making a claim myself, but a bit further advanced than your situation.