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  • FIRST POST
    • rivmix
    • By rivmix 9th Nov 18, 11:38 AM
    • 28Posts
    • 13Thanks
    rivmix
    Claiming Money Owed
    • #1
    • 9th Nov 18, 11:38 AM
    Claiming Money Owed 9th Nov 18 at 11:38 AM
    Hi,

    I recently won a set aside judgement (against a parking company) and the court ordered the claimant to pay the defendant (me) the court fee (255).

    1. The original claim was completely baseless. I have proved to the court that I didn't own the vehicle or even live in the country at the time of offence. I've had to spend a lot of time now dealing with this as a result, and I'm unsure how it ever even got to court.

    2. I have been in contact with the claimant to recover the costs they owe me by email and told them that they need to be paid within 7 days. This is almost 30 days after the original court order.

    3. Initially the claimant insisted they could only pay by cheque but as I live outside of the country I said I cannot accept UK cheques.

    4. I have provided my bank details to the claimant so that they can make a bank transfer but they say they will not send payment without me sending a bank statement to verify I own the bank details I am giving to them. I do not believe I need to give them these or want to as I don't want them to have any more private information than they need to.

    4. They have not responded to my last email and so I am assuming they are going to be difficult and not pay.

    What can I do here? I'd really like to be claiming for my time involved (especially since they had no grounds to make the claim). They are in contempt of court (assuming they don't pay within a few days), and avoiding making payment. Do I legally need to provide a bank statement for them to verify who I am before they make payment?

    Can anyone help?

    Thanks in advance!
Page 1
    • tlc678910
    • By tlc678910 11th Nov 18, 1:05 PM
    • 730 Posts
    • 1,143 Thanks
    tlc678910
    • #2
    • 11th Nov 18, 1:05 PM
    • #2
    • 11th Nov 18, 1:05 PM
    Hi,
    Do you have family in the uk that you could give the firm written permission to issue the cheque to? They could then transfer the money to you.
    • MEM62
    • By MEM62 12th Nov 18, 9:33 AM
    • 1,800 Posts
    • 1,405 Thanks
    MEM62
    • #3
    • 12th Nov 18, 9:33 AM
    • #3
    • 12th Nov 18, 9:33 AM
    Refer back to the court and advise that claimant is refusing to pay.
    • sourcrates
    • By sourcrates 12th Nov 18, 12:10 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    • #4
    • 12th Nov 18, 12:10 PM
    • #4
    • 12th Nov 18, 12:10 PM
    Hi,


    The court cannot force payment from the debtor.


    It is up to you to escalate the collection process, at your cost, either by county court bailiffs, or upgrade to the high court and send round HCEO`s to collect whats owed.


    Your costs are added to the bill, that is the ONLY way now to obtain payment if they refuse to pay.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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