Judgment for Claimant Question

n_s_simpson
n_s_simpson Posts: 69 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 30 April at 1:10PM in Small biz MoneySaving

I am the claimant and a few weeks ago I was happy to receive a Judgment for Claimant N30 letter due to the defendant not responding. I assume the defendant received the exact same letter but unfortunately almost 1 month has passed and yet the defendant is ignoring this judgment. I have WhatsApp'ed her (message shows as read) so she is aware that if payment isn't received before the 3rd May the CCJ will be on her credit report for 6 years. She doesn't reply but all I want is the money I'm owed.

Is the judgment letter confidential or can I legally scan and share it? I want to send it to the defendant's mother who has offered to discuss the situation with the defendant.

After redacting my address, etc can these judgments be shared with everyone and anyone? Social media, etc? I'm a driving instructor so would like to warn other instructors about the defendant arranging lessons and stringing the instructor along without paying them.


Comments

  • DE_612183
    DE_612183 Posts: 3,493 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Can you explain - you mention the defendant being both a child and a mother?

    I assume the 3rd paragraph is not quite right?
  • n_s_simpson
    n_s_simpson Posts: 69 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 30 April at 1:12PM
    DE_612183 said:
    Can you explain - you mention the defendant being both a child and a mother?

    I assume the 3rd paragraph is not quite right?
    I've altered the wording slightly because I thought it might be confusing. Here's the background:

    The grandma of the pupil contacted me asking if I have driving lesson availability. The grandma said her daughter (aka the mother of the pupil and the defendant) would be paying for the lessons so I was then put in touch with this person. The pupil had several lessons but the defendant then used numerous excuses to explain why I hadn't received payment (unable to log into her bank, forgot to give cash to the pupil, etc). Normally I don't even go ahead with lessons without payment but I unfortunately believed the excuses. They had just moved into a really fancy house so I didn't think for a moment that she'd pull a stunt like this.

    I feel sorry for the pupil because she was progressing well until I said no more lessons until payment.
  • Bookworm225
    Bookworm225 Posts: 308 Forumite
    100 Posts Name Dropper
    edited 30 April at 1:17PM
    sadly winning the judgement does not guarantee being paid, you may need to go back to the court to get court bailiffs appointed to "enforce" the judgement (collect the money)

    if it reaches the point of a CCJ going on record then you can share the fact you have been defaulted by Ms X with other people such as your fellow instructors as that is then a matter of public record.
    You cannot share the judgement letter itself as that contains personal info so would be a data sharing breach, even with the grandmother.

    Nothing stopping you discussing with granny without sending the actual letter, she presumably knows GD had lessons with you, so the letter adds nothing in reality. Using her to leverage the situation is however a logical next step given the history to date.
  • DE_612183
    DE_612183 Posts: 3,493 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    DE_612183 said:
    Can you explain - you mention the defendant being both a child and a mother?

    I assume the 3rd paragraph is not quite right?
    I've altered the wording slightly because I thought it might be confusing. Here's the background:

    The grandma of the pupil contacted me asking if I have driving lesson availability. The grandma said her daughter (aka the mother of the pupil and the defendant) would be paying for the lessons so I was then put in touch with this person. The pupil had several lessons but the defendant then used numerous excuses to explain why I hadn't received payment (unable to log into her bank, forgot to give cash to the pupil, etc). Normally I don't even go ahead with lessons without payment but I unfortunately believed the excuses. They had just moved into a really fancy house so I didn't think for a moment that she'd pull a stunt like this.

    I feel sorry for the pupil because she was progressing well until I said no more lessons until payment.
    Ah, ok - yes that's makes more sense.

    Not sure what's stopping you putting it up on social media - after all the info is in the public domain - it's whether you want to do this publicly or just by word of mouth - may backfire on you PR wise...
  • n_s_simpson
    n_s_simpson Posts: 69 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    sadly winning the judgement does not guarantee being paid, you may need to go back to the court to get court bailiffs appointed to "enforce" the judgement (collect the money)

    if it reaches the point of a CCJ going on record then you can share the fact you have been defaulted by Ms X with other people such as your fellow instructors as that is then a matter of public record.
    You cannot share the judgement letter itself as that contains personal info so would be a data sharing breach, even with the grandmother.

    Nothing stopping you discussing with granny without sending the actual letter, she presumably knows GD had lessons with you, so the letter adds nothing in reality. Using her to leverage the situation is however a logical next step given the history to date.
    If I've understood correctly the judgment means it's now a public record. However, if the defendant pays in full within 1 month then this judgment will be removed. I won't share this judgment on social media, etc until after 1 month has passed because she may still surprise me.

    The letter doesn't contain any personal info except for her name and amount owed, which I assume will be public record. Her address isn't on the letter I received.
  • n_s_simpson
    n_s_simpson Posts: 69 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 30 April at 2:30PM
    DE_612183 said:
    DE_612183 said:
    Can you explain - you mention the defendant being both a child and a mother?

    I assume the 3rd paragraph is not quite right?
    I've altered the wording slightly because I thought it might be confusing. Here's the background:

    The grandma of the pupil contacted me asking if I have driving lesson availability. The grandma said her daughter (aka the mother of the pupil and the defendant) would be paying for the lessons so I was then put in touch with this person. The pupil had several lessons but the defendant then used numerous excuses to explain why I hadn't received payment (unable to log into her bank, forgot to give cash to the pupil, etc). Normally I don't even go ahead with lessons without payment but I unfortunately believed the excuses. They had just moved into a really fancy house so I didn't think for a moment that she'd pull a stunt like this.

    I feel sorry for the pupil because she was progressing well until I said no more lessons until payment.
    Ah, ok - yes that's makes more sense.

    Not sure what's stopping you putting it up on social media - after all the info is in the public domain - it's whether you want to do this publicly or just by word of mouth - may backfire on you PR wise...
    The PR thing is what I'm wondering about. I don't think I'd actually publicly shame her but certainly providing her details to other driving schools wouldn't be a bad idea. The total claim amount is £316.74 so not a huge sum of money but it's a new front set of tyres for my car.

    According to research, if payment isn't received I then need to apply for a "Warrant of Control" due to the claim being under £600. Not sure what the entails and if the cost of getting this is added to what the defendant owes. Regardless of cost to me (within reason), I'm taking this as far as possible because I never go down without a fight.
  • penners324
    penners324 Posts: 3,480 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Enforce the CCJ. Bailiffs turning up on her door might do the trick
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