NFS Screeding Ltd, Company Registration No. 8945777 (Need for Screed) - **Judgment debt paid**

[Andyorch]

3 minutes ago, MrPengu1n said:

1) what if they don't send it to me (I've not idea if they may still however send it to the court)? Then they have not complied with the courts directions and you raise that with the judge

2) they do send it to me but its received after today (i.e. less than 2 weeks before the court date)? Leniency if only a few days late but not week/s 

What kind of impact does this have to the case and hearing? The court could impose sanctions and dismiss their written evidence making it verbal evidence only.

Also, if I know that the copy is delivered to their registered business address, is it ok not to send them a copy via email? Yes if they accept electronic communication and  you have previously used it.

Andy

[MrPengu1n]

38 minutes ago, Andyorch said:

Also, if I know that the copy is delivered to their registered business address, is it ok not to send them a copy via email? Yes if they accept electronic communication and  you have previously used it.

On this point - I'm thinking of not sending them the pack via email

[MrPengu1n]

Update:

Called the Court today (took an hour to get to the correct people) and paid the Hearing Fee (£346).

We're now 9 days away from the hearing date and I've still not received any materials from NFS.  I'm fully expecting NFS to turn up in court though.

 

[MrPengu1n]

Well, tomorrow is the day for the case to be heard.

I've gone over my notes and statement.

Any pointers or tips for tomorrow?

[MrPengu1n]

The case was heard today.

NFS didn't show up.  The judge used the materials I submitted to make judgement and ruled in my favour.

What do I need to do next to enforce judgement?

I'm assuming NFS won't pay willingly...

[BankFodder]

Can you remind us of the value of the judgement please.

Did the judge make any order as to time to pay? Normally one would expect either a "forthwith order" or seven days or exceptionally, 21 days.

 

[MrPengu1n]

The judgement was for 4,800 + change. I actually didn't write down the number as it was all a bit surreal

I believe that it was 14 days to pay however in the relief of it all I didn't fully take note (stupid I know).

I'll need.to wait until I receive the judgement to confirm 100%

 

[Andyorch]

Excellent never in doubt...topic title updated.

Wait for your notice of judgment which will provide the payment details and dates and if they have not paid by that date we can run through executing the judgment.

 

Well done 

 

Andy

[BankFodder]

Start researching the websites of High Court Enforcement Officers. They will offer a service to transfer up the judgement to the High Court and then to carry out an enforcement.
It will cost you about 60 or 70 quid for the transfer up – you will get that back on enforcement.
All the other fees will be born by the defendant. Make sure on the website and they do say that if the enforcement is unsuccessful, that you won't be liable to pay anything other than the transfer up fee.

[MrPengu1n]

While awaiting the judgement paperwork, there is one overhanging question, for us at home the most important... can we now remove the old screed and get the job done of putting in a new 'proper' one?

 

Is there any (reasonable) chance the judgement can be set aside or overturned?

We just want to move on now...its been ongoing since October and we've basically been living without 3/4 of our downstairs! lol

[BankFodder]

In principle it should be no problem – but it has been going on so long, why don't you give it another 14 days. In the meantime you may be able to make a provisional booking for the work to be done.
If you do appoint somebody to do the work then make sure they do understand that it is provisional.

[Nicky Boy]

Just a thought... the OP already has all the photographic evidence of how it is now.

So, would it create any problem in the (unknown) future if he were to go ahead with the work?

[MrPengu1n]

Update:

The N24General Form of Judgement or Order arrived today!

The total order is £4,953.42.

Date to be paid is 9th August.

I'm going to transfer the order to a collection company, however, acknowledging there is a possibility they can't recover - what other options do I have, or is there anything I can do to proactively force payment?

I have heard of applying to have accounts frozen, is that an option?

[BankFodder]

You don't need to worry about that at the moment. If you don't receive the money by the 9 of August then on the 10th of August instruct high court enforcement officers 

Start preparing by identifying on the internet a high court enforcement officer service and talk to them about it.

 

What you can also do is check up their entry on the companies house web check service and make sure that they are still in business and that there are no markers against them

[MrPengu1n]

Based on Companies House, they filed accounts up to March 2023 in July.  As far as I know they are still trading.

[MrPengu1n]

I've been in contact with a potential company who I can use as the High Court Enforcement Officer, and have been querying the visitations to collect - the company advise they can only visit the registered address of the business, being their accountant, at which no actual business is conducted nor any property of the company stored.  Therefore sending enforcement officers round would prove fruitless, most likely.

The enforcement company has suggested a couple of possible options:

• "...have the county court judgement put into the director's name or a third-party debt order if you have the bank details for the company."

Do either of these options sound sensible and would yield a better result?

I do have both the director's name and address and the company bank details.

Edited July 31, 2023 by MrPengu1n

[BankFodder]

Let's have a link to the sheriffs website that you found.

I'm not sure which is the best way to go in terms of the director or the bank account. Are you not able to do both?

[MrPengu1n]

This is their website - I've been exchanging emails with a member of their team after a brief inquiry call (I was referred to them after contacting a more local enforcement company)

Award-Winning Debt Collection Bailiffs & High Court Enforcement

DCBLTD.COM

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Over 20 Years of Experience in Ethical Debt Resolution. DCBL Provide Industry-Leading Debt Recovery Bailiffs & High Court Enforcement.

If its possible to do both, then I can/will.

 

[Andyorch]

You cant do both on the same Writ you either enforce using HCEO with a Writ of Control or you make  an application for a Third Party Goods Order which is enforced through the court.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Form N349: Apply to the court for a 'third-party debt order' - GOV.UK

WWW.GOV.UK

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If you have a court order that's not been paid, use this form to ask the court to 'freeze' money held by a third party, such as the debtor's bank.

 

 

.

[MrPengu1n]

Could the HCEO visit an address that is not the registered business address,  if they use that address on business invoices ?

[BankFodder]

I think it is best to ask them. I'm sure they will be extremely helpful because they want to handle the enforcement for you and they want a successful outcome.

Please let us know what they say

[MrPengu1n]

After I wrote it I thought, hmmm I should ask them! lol

They replied advising they can only enforce at the address stated on the judgement and would not be able to visit another address (albeit used on invoices) unless it was also a registered business address.

On that basis, directing the HCEO to enforce would prove highly unlikely to get any kind of result as there is nothing of value belonging to NFS at the accountants offices (maybe other than their financial books, which I don't think would be of any value or use, even if the HCEO were allowed to take them).

I'm not sure if there is a case to transfer the judgement to the director - although it was the director who actually did the job that was in dispute.  

The only viable route then looks to be a '3rd part debt order'?

If one route proves unsuccessful, can I then try the next or is it a one shot deal?

[Andyorch]

Quote

If one route proves unsuccessful, can I then try the next or is it a one shot deal?

No all depends how much you want to throw at it to get paid

[MrPengu1n]

Update:

I've just received a WhatsApp message from NFS:

"Are you in later I believe I have to give you some money"

Firstly, wasn't expecting that... secondly I'm not in the mood for an confrontation...as it is likely one of us will lose our tempers...

I'm going to tell them to send what ever it is they want to send me via registered post - certainly don't want to be giving them my bank details.

(still in a bit of shock...unless of course, in the word of Admiral Akbar... "its a trap!")

thoughts?

Update:

Next message:

"I've got it to hand. Taken from the bank and a letter to sign."

Really not comfortable with the in person situation, is there a suggested alternative approach anyone can think of - also I'm not keen on signing anything, unless its a receipt.

[Nicky Boy]

Meet somewhere very public?