Won (Judgement by Default) - What to do next?

taless

Hi,

Recently I've issued a Small Claims Court procedure against an airline through the Moneyclaim service, and today, I've successfully requested "judgement by default" as the defendant has failed to respond. It is now issued and is showing up as "Your judgment request has been accepted. The order has been sent to the Defendant."

Do I need to do anything on my part now? (i.e. to e-mail or ring them up regarding the judgement).

I know I could request for an execution of warrant and send in bailiffs - but I'm thinking of giving them probably 10 days or so to comply with the judgement order, is that a good idea to do so?

Thanks lots for any ideas. Cheers!

richt71

You need to give hem time to comply with the judgement before you can get the bailiffs in. Sorry can't remember the time but it may be 28 days!

jonesMUFCforever

Out of curiosity which airline was it?

taless

Hi, thanks. Sorry for such a late reply, was away for the weekend.

JonesMUFCforever - it is Etihad. I've briefly asked about whether should I sue them or not a while ago in this forum. In the end I decided that I will not be at peace until I bring them to court, hence to court I brought them.

According to Moneyclaim I can request an Execution of Warrant immediately after the "Judgement by Default" is requested. And I am thinking of doing so straight away, as I am not keen to be caught up in any more delay tactics by them. What do you think?

jonesMUFCforever

I remember advising you to drop this - glad you took the advice LOL.

To send in the bailiffs will incur more costs for you and I still don't see that you are any closer to seeing your money that you have won.
As the airline is not based here basically they will stick two fingers up to you.

The only way I can see you doing anything positive is asking a court (again SUBSTANTIAL FEES WILL APPLY HERE) whether you could get an injunction against the airline. I think the amount in question was £110 so I don't see a court agreeing but if you want to throw more money down the drain then its your call.

taless

As a UK resident I could not help but feel terribly angry if anyone, be it a foreign company or a foreign national thinks he is above the law. If they do not think they should come under UK law, I believe they should be ejected out of the country.

I know their registered address (as listed in the Company House), I've made a stealth visit to their registered address which is also their ticketing and reservations office (I live quite near them).

Why would the bailiffs not be able to do anything? Will they tell the bailiffs, "if you want to enter the office you need to contact my embassy first?"

Hope to hear from you JonesMUFCforever, really appreciate your input on this.

chuckles1066

taless wrote: »

Hi,

Recently I've issued a Small Claims Court procedure against an airline through the Moneyclaim service, and today, I've successfully requested "judgement by default" as the defendant has failed to respond. It is now issued and is showing up as "Your judgment request has been accepted. The order has been sent to the Defendant."

Do I need to do anything on my part now? (i.e. to e-mail or ring them up regarding the judgement).

I know I could request for an execution of warrant and send in bailiffs - but I'm thinking of giving them probably 10 days or so to comply with the judgement order, is that a good idea to do so?

Thanks lots for any ideas. Cheers!

Obtaining Judgement is the easy part.

Sadly for you, enforcing Judgement is the tough bit :rolleyes:

Always assuming they don't ask the Court to have the Judgement set aside; then you're back to square one.

taless

Thanks, can I just ask - why is it so hard to enforce the judgement?

Their registered office in London is a real office, with real people there. What makes it so hard for the county court bailiffs to do anything?

jonesMUFCforever

To send in a bailiff will cost you more money - you have to pay for this and as this is not part of your case expenses you won't get it back either way (IMO).
I don't know how much it will cost for a bailiff - Google some firms and see.

chuckles1066

jonesMUFCforever wrote: »

To send in a bailiff will cost you more money - you have to pay for this and as this is not part of your case expenses you won't get it back either way (IMO).
I don't know how much it will cost for a bailiff - Google some firms and see.

He can add any fees to the amount owing.

But that's the least of anyone's worries when trying to enforce Judgement.

jonesMUFCforever

I believe this is no longer a simple case - more of a crusade bordering on a mad addiction.
I can see him now on the news - handcuffing himself on the tarmac to one of the planes to highlight his plight!
I hope I haven't given him any ideas!