Made a MCOL against ex-boss, what now?***Judgment and full payment received***

[martin2006]

Yes its 14 days from the date on the claimform to acknowledge and 33 days to file a defence, day 1 in the count being the date on the claimform.

[Buel10]

Thank you for that.

And if the defendant doesn't acknowledge it?

[martin2006]

Give them time to hang themselves then once the time is up you will be able to apply for a default judgement. Be prepared for the defendant to apply to set aside tho, having the judgement granted isn't necessarily the end of it.

[Buel10]

Thank you.

I'm really sorry to keep asking but please can I just ask - on what basis would a defendant request a case to be set aside?

[martin2006]

All manor of reasons, just take a look at some of the threads here where people have got default judgements against them and applied to set aside in order to defend them properly.

Didn't get paperwork, served to wrong address, debt not mine to pay, there are many reasons o set aside a default judgement.

[Buel10]

Hi guys.

The defendant had until yesterday to acknowledge but did not.

This is what MCOL says as of just now:

 

Please can I ask what my friend is to do now?

Does he wait?

[BazzaS]

Please can I ask what my friend is to do now? Does he wait?

 

Wait for what?.

They have the option to request judgment (a default judgment in their favour) and nothing to lose by doing so.

 

If your friend does nothing, the defendant might submit an acknowledgment (+/- later a defence) before the court decides to reach judgment of its own volition. If "late" the court doesn't have to accept these, but has the power to do so. Why leave that "window" open?

 

The defendant might seek a set-aside in response to a default judgment.

However, your friend isn't going to be worse off for asking for default judgment, and may be worse off for not doing so!

[Buel10]

Hi and thank you for that.

My friend has now requested judgement.

Question - if the defendant seeks a set-aside, what does my friend then have to do? Would he then have to provide the evidence that he has to counteract this?

[BazzaS]

Hi and thank you for that.

My friend has now requested judgement.

Question - if the defendant seeks a set-aside, what does my friend then have to do? Would he then have to provide the evidence that he has to counteract this?

 

The answer hasn't changed since the last time you asked this as a similar question.

 

Thank you.

I'm really sorry to keep asking but please can I just ask - on what basis would a defendant request a case to be set aside?

 

All manor of reasons, just take a look at some of the threads here where people have got default judgements against them and applied to set aside in order to defend them properly.

Didn't get paperwork, served to wrong address, debt not mine to pay, there are many reasons o set aside a default judgement.

 

So, it is hard to predict on what grounds they might seek a set aside, so hard to predict what your friend will need to do!

 

If they apply for a set aside, post the details of their application, and you'll be able to get advice that isn't mere guesswork.

[Buel10]

Thank you for that, much appreciated!!

I took a quick read of the link regarding a set-aside and to me it seems that he would have to go to at least a slight bit of trouble to do this (deny receiving it, claim he didn't understand it, then submit a defence, etc....which I can't see him doing.....but we'll see!).

Thank you for the help.

[Buel10]

Hi guys.

Just an update for you, this is what I now see on the MCOL site:

 

I'm sorry for the seemingly naive questions.....but what now?

 

 

Does my friend wait for the court to do anything or does the defendant have a certain period of time to decide what to do?

[BazzaS]

What does the judgment say?

Does it mention the term "forthwith"?

[Buel10]

On the MCOL site it says 'issued'?

[BazzaS]

It also says it can be viewed, (& either as text or a .pdf)

 

Have you viewed it?

Does it give more details when viewed?

[Buel10]

Ah, thank you for that. Here is what shows when viewed (I have blanked out the personal details).....

[BazzaS]

Payment is due "immediately", (which is the same as "forthwith").

 

Your friend has 2 options, depending on them balancing

a) if they want the dealer to have a CCJ registered against them (and visible to others), as the payment must be outstanding at 28 days for it to get registered on the searchable register of CCJ's, against

b) getting their money sooner (before the dealer takes measures to avoid enforcement of the judgment, like folding the business or transferring assets).

 

If the dealer already has loads of CCJs registered against them, there is little point in just adding another. In that case they should consider escalating the judgment up to the High Court, getting the High Court to instruct High Court Enforcement Officers to collect the judgment sum.

There are a number of firms of HCEOs who will arrange this. Speak to a number, getting quotes (and asking about fees, including fees if they are unable to collect!).

Advantages: they don't have to give prior notice of the visit to enforce, they have the right of access to business premises, and they can seize assets if the firm don't fork over cash.

 

If they don't have a CCJ already registered against them and your friend wants them to get one as a warning against others : the same, but waiting until the judgment gets registered, first. Disadvantages:

a) the firm may fork over the judgement sum before it gets registered (not that much of a disadvantage, but defeating it showing on the register!), or

b) if in a perilous financial position they may fold the firm or transfer its assets, making it harder for the judgment to get enforced.

 

It depends on what your friend is looking to achieve, and the firm's likely response to the judgment.

[Buel10]

Gosh, you're good!!!

[BazzaS]

Gosh, you're good!!!

 

Feel fee to add to my reputation if you think it might be useful.

 

Hopefully what I say makes sense..... I try to justify (or qualify) my answers where needed.

 

However, I'm not always right, or completely right. That is the joy of CAG, in that if others disagree with what I say, they can give their view. (That's another reason CAG discourages advice in private messaging, as its not available to help others who might view the thread with similar questions, nor open to peer review).

 

Additionally, there isn't always "one answer". What your friend wants to achieve, and the risks/benefits of trying to achieve it need to be factored in. So sometimes I'm "vague but mostly correct" rather than going for "precise but more likely wrong."

[Buel10]

"vague but mostly correct" will appear on my headstone!!!

 

Hi again.

I have spoken to my friend and he has decided not to go the CCJ route and just to concentrate on geting the money owed.

Please can I ask what he needs to do next being as he has already requested judgement?

[BazzaS]

Your friend already has a CCJ (a judgment) against them, but has decided on getting it paid soonest over getting it registered in the register.

 

A good starting point is :

https://www.hceoa.org.uk/faqs/do-you-need-the-services-of-a-high-court-enforcement-officer

This link doesn't recommend a particular firm, so hopefully still complies with CAG's posting rules.

 

Correction to previous : the HCEO's now have to give initial notice of their intent to collect a CCJ (the "Notice of Enforcement"), but any later visit (after 7 clear days) can be without notice.

 

So, your friend might want to contact the debtor, and say "pay up, or I'll escalate it to HCEOs", and see what they say!

[Buel10]

Excellent, thank you.

As for me not registering that the MCOL jusgement is a CCJ, I have no words other than to blame a long week at work!!*

I shall pass this on to my friend and try to help him with it....

 

* To clarify - when I/he requested judgement, I thought that he had to 'wait' for the court to pass judgement.

 

So, your friend might want to contact the debtor, and say "pay up, or I'll escalate it to HCEOs", and see what they say!

 

Is there a template letter for this? This sounds the most appropriate way to start proceedings....

[BazzaS]

* To clarify - when I/he requested judgement, I thought that he had to 'wait' for the court to pass judgement.

 

Yes, they have to wait for the court to pass judgment.

 

But, the court HAS passed judgment. The wait is over.

 

The giveaway is in the judgment: "issued", and the fact that the court has made it visible for you to view .......

 

Is there a template letter for this? This sounds the most appropriate way to start proceedings....

 

They could phone them, and gauge the response.

I'm not sure there is a template letter.

 

Debtors details. Judgment creditors details.

Case reference details.

Date.

 

Dear Sirs,

 

Reference

 

(You could include a screenshot of the judgment order too?)

 

As you can see on MCOL, the court has issued judgment in this case in my favour, for the sum of £xxxx.xx, which you now owe to me.

 

Please arrange for this sum to be paid to me forthwith, as required by the judgment. Failure to do so will result in me (without further notice) commencing enforcement proceedings (which may add costs to the sum owed, these costs being limited to those set out in the Regulations on judgment enforcement).

 

[They could put contact details here : phone details if they want to discuss it, or address for the cheque otherwise]

 

What else did you think any letter should include??

Could you have drafted the first draft of any such letter and posted it for comment?

Self-help site. Which means you also have to help yourself as well as posting for others to help you.

[Buel10]

Nothing, that is just excellent!! Thank you for that!!

[BazzaS]

Others may have comments, too.

But you should also look for the answers yourself (googling HCEO's would have given you the HCEOAssociation link for example), if only so that you don't have to just take my word for it ......

[Buel10]

It was the phrasing that would have let me down, you see.