Small claim -recorded letter

[tali]

Yeah claim issued.Sat 26 was deadline for Trader to reply.I assume i now apply online for judgement by default?

[SuperVillain]

Yea Judgment by Default.

 

I've never done it online but I'm doing a paper application for the same thing now. There should be something that says "the defendant has not filed an admission or defence to my claim" or something along those lines.

 

The basis for you getting judgment is their "default" of not replying to the claim form in the specified time.

[tali]

The company has 1 Director - should i have listed their name? or are they automatically liable under the company?

The only option i now have is entering defendants DOB- (but the claim is against a company not individual)

[steampowered]

Directors are not liable for the debts of their company. Only the company is liable. There are only very limited exceptions to this, such as fraud.

[tali]

OK.

Done Judgment by Default with immediate payment - but that will take a few days for to arrive to Trader -so how much time is he given to pay me?-14 days?

Also , how do CCJs affect small business?Why are some of these allowed to persistently have loads of CCJs against them or owe large amounts of money ?-isn't there company house legislation prohibiting this?

[SuperVillain]

From your post above I'd assume the Judgment would state it is payable immediately.

 

When you receive a copy of the Judgment from the Court I would send to the Defendant with a covering letter asking for payment in 7 days, failing which you will take steps to enforce the Judgment.

 

"Also , how do CCJs affect small business?Why are some of these allowed to persistently have loads of CCJs against them or owe large amounts of money ?-isn't there company house legislation prohibiting this?"

 

They affect them as you'd imagine they'd affect an individual - affecting a company's credit score can make it difficult for them to get credit and alerts their customers and suppliers as they may have cash flow problems.

 

E.g. suppliers to the company may not offer them credit facilities and demand that goods are paid for on delivery. Utility companies when setting up contracts with new businesses or businesses with poor credit ratings sometimes ask for a deposit of a large sum of money to cover any losses if the company folds on them. Obviously the more CCJ's you rack up the more of a red flag it is for someone who wants to do business with you and different business types feel the effects in different ways.

Edited November 1, 2013 by SuperVillain

[steampowered]

Judgment is payable immediately and can be enforced immediately, e.g. through using bailiffs. If the travel agents is still trading from their premises I can't imagine bailiffs would have much difficulty enforcing it.

 

It would be pointless to have legislation prohibiting CCJs, since the government cannot monitor every single transaction to check whether the trader is financially able to deal with it. You can enforce judgments through bailiffs/attachment of earning orders and so on, and if there is no money left in the company ultimately through making the company insolvent.

[tali]

I contacted Bank Payments Council and they said small claim and contact Police alsoI was told same by my bank over phone

However,some time later and unrelated to phone call i emailed my bank with details - and they investigated there was no mention of reporting to Police- just a civil matter

I have filed it with action fraud- but i don't think anything else is going to happen there.However , when i contacted Police by phone on non emergency number they also stated it was a civil matter

Do you think it is worth visiting my local Police station or am i wasting my time?

[steampowered]

There is nothing in any of your posts which suggests to me that a criminal offence has been committed. Debt collection is a purely civil matter. I can't see what the police or action fraud or your bank could do.

 

Why don't you send the judgment to bailiffs and get them to enforce against the travel agent's premises?

[tali]

What happened was the Travel Agent took the full amount to "hold seats" - i don't know whether he should have only taken a small deposit or whether he is allowed to take full amount?

Also if i request Bailiffs - how long before they visit Trader?

Edited November 1, 2013 by tali

[steampowered]

Ask them. County court bailiffs can take a while. HCEOs can usually do it very quickly.

[tali]

HCEO seem far better option

Financial info on company

£3,668

Cash

-------------

£169

Net Worth

---------------

£3,668

Assets

--------------

£4,260

Liabilities

[tali]

Defendant has offered to pay my original amount + court costs.However HCEO tell me he is not liable for the interest - as intrest only applies on enforcement .I asked Small claim repeatedly and they were unable to answer just saying "that's between you and him"

Can anyone clarify?

[steampowered]

Did you claim interest on the claim form? What does the judgment say?

 

To be perfectly honest I wouldn't faff around over 3 months interest, especially if they have agreed to pay the full amount plus your court costs and bailiff costs, but ultimately up to you.

[tali]

Yes i claimed interest on form.It is confusing as Amount Claimed includes interest from my payment date( A TOTAL OF £72in intrest ).This is different from Interest since date of claim of £15.87.Total interest is £87

This is judgement

Amount Claimed £3,232.68

Interest since date of claim £15.87

Court fees £100.00

Judgment Total£3,348.55

[steampowered]

You can only enforce the amount stated on the judgment. Which part of the judgment is the HCEO telling you that you cannot enforce?

[tali]

The intrest