Small claims with trader! (don't call me Stupid!)

Grumpy_chap

If I understand the latest update from the OP, a CCJ has now been successfully obtained against the Trader. It is now up to the OP to secure the payment from the Trader. The CCJ alone won't do that.

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82004069#Comment_82004069

OP has said in their last post that a warrant has been issued.

3 months seems to be a long time to do nothing once a writ has been issued. I would probably take a multi pronged attack.

First, write a complaint using the HMCTS complaints procedure here: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/complaints-procedure

Second, I would be writing to Writs.CNBC@justice.gov.uk and also complaining at the fact the warrant has been issued 3 months ago, there has been no update at all on the current status. I would be asking them to confirm the following:

1. What is the current status of the warrant.
2. Has the warrant been allocated to a bailiff and if so, on what date was that allocated.
3. Has any visit been made to the debtor’s address?
4. Have any notices of enforcement been sent?
5. Has contact been made with the debtor?
6. Has the debtor made any payment or payment proposal?
7. Are there notes on the file explaining the delay?
8. Is there any reason enforcement action has not progressed?
9. What further enforcement steps are planned?
10. Is there a timeframe for the next action?

I would also point out that under s.124 of the County Courts Act 1984 states:

Where the county court issues a warrant of execution, control, possession or delivery and the person to whom it is directed loses the opportunity of executing it against goods, loses the opportunity of levying the execution by reason of neglect, connivance or omission, any party aggrieved thereby may complain to the court.

You may want to go further to say that the warrant has already been issued and 3 months seems to be an excessive period of time for nothing to have happened. If the bailiff has lost the opportunity to execute the warrant or levy goods due to that lapse of time, then you reserve your rights to seek damages under the above mentioned section of the Act.

Bobby2021

https://forums.moneysavingexpert.com/discussion/comment/82004069#Comment_82004069

Sorry for the delays as I was away. Yes this is correct.

Bobby2021

Took the first step > HMCTS complaints

Within 10 days response expected. Thanks

Bobby2021

It’s been over a month now. I still haven’t had any response from the HMCTS complaints process, and the email to Writs.CNBC@justice.gov.uk (sent 10 days ago) has also not received a reply. I can see there is an option to chat with someone on working days, so I may try that next.

I was originally trying to recover money taken by a trader who did not provide the service, but instead HMCTS has taken money from me and not provided the service it is supposed to.

I’m really disappointed and would like to know what other options I have. Thanks.