MoneyBoat claim

macman

How can they have have found in favour of the plaintiff if neither party attended the hearing? 

Davey30

They said because I agreed that some of the claim was correct they agreed in their favour.
I went back to the claimants and explained that due to the incorrect address I was going to lodge a variation they said the payment needs to be made by the 26th or further action will be taken. I offered a plan to them in response but seems they want to escalate now. Does anyone know how long if the 26th expires it will take for them to apply to court for a bailiff and for that to be granted (assuming that's the course they take).

bradders1983

Davey30 said:

They said because I agreed that some of the claim was correct they agreed in their favour.
I went back to the claimants and explained that due to the incorrect address I was going to lodge a variation they said the payment needs to be made by the 26th or further action will be taken. I offered a plan to them in response but seems they want to escalate now. Does anyone know how long if the 26th expires it will take for them to apply to court for a bailiff and for that to be granted (assuming that's the course they take).

The local court wont do bailiffs. The plaintiff can move the writ to the High Court at a cost to them, which will be added to your debt, but they cant do this until after the 26th and I assume there will be a backlog and a delay there anyway.

macman

Am I missing something here? The court can't order you to pay by a certain date. All they can do is issue a judgement against you in favour of the plaintiff: it's then up to the plaintiff to take action (meaning bailiffs) to recover the amount owed if you do not pay.

bradders1983

I assume the 26th is when tbe CCJ will be issued.

Boohoo

bradders1983 said:

I assume the 26th is when tbe CCJ will be issued.

Pay by 26/11/2020 to not get a CCJ, so the court date must have been about 26/10/2020 as i think you get 30 days to pay it off before the CCJ is registered.
The OP said they had mediation and that was no good so they made a payment plan in September and started paying.
That would mean that there would only be 3 or 4 weeks from then to going to court and getting a CCJ which would be very quick considering COVID19. I thought there would be a back log?

Davey30

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

bradders1983

Have you actually rang the court yet?

Davey30

Yes, I spoke to them yesterday and they advised that there was a hearing last month, the issue is all the info went to my old house (I moved 3 years ago) and I informed them via the Money Claims Online function of this in my initial response. I fully understand that it needs to be paid and had made measures to do this, obviously given the judgement they now want to expedite this.
I was thinking of the variation and using the above reasons as to why along with the fact we had a plan in place, I can print the forms today and get them sent today or tomorrow but if it lands on the court Monday will it be actioned before Thursday and avoid any further action.

macman

Davey30 said:

I'm concerned around bailiff action given the payment date is next week, can they not send bailiffs from a county court? I have asked again about the plan ands they say "you have to pay £1500 by the 26th November as per the court orders, failure to do so will result in further action".
If I send today/tomorrow will it be implemented before next week by the court?

Who is saying this? Your creditor? The court don't order you to pay anything, nor do they set a deadline. Why are you so concerned about bailiffs? They have no right of entry unless you allow it.