Including high-court fees the debt now stands at £6437 +daily interest.
The case was handed to the high-court who found against me in-line with the county court (as expected).
However my problem is that at no point after the CCJ was I given any instructions regarding how to make the payment, and who to contact to discuss the payment. Legally when it is handed to the high court, I understand they have to obligation to contact me with regards to the pending case. However I would have expected that either the court or the solicitors for the claimant, or even the claimant themselves, are legally obliged to furnish me with the information required in order for me to make a settlement, before the whole thing can just be handed up the chain to the high court.
I need the background please as to how a County Court judgementended in the High Court.
Usually, payment is due under the terms of the order eitherforthwith (immediately) within 14 days or more commonly 28 days.
I need the full background please
You now know as much as I do, as scary as that may seem.
The case was handed up due to lack of payment as I understand it. However at no point since the CCJ hearing have I received any correspondence from either, the court (county or high), the claimant, or the claimants solicitors. With the exception of a single one page letter from the county court, which was roughly two sentences long, confirming the outcome of the hearing. Nowhere on that letter did it make reference to the sum of payment required, who the payment should be made out to, or what the deadline for making the payment was.
You should have had a copy of the order made by the court and this would normally come to you by post, a week or 10 days later.
Were you in court at the time of the hearing when the judgement was handed down?
Did the claimants have solicitors and if so have you spoken to them about this?
Have you asked the court for a copy of the judgement?
I have not had a court order, are they obliged to send this via some method of recorded delivery? If they cannot demonstrate proof of postage, are they at fault for handing it up to the high-court without carrying out due diligence?
I was in court when the hearing was handed down, which included the judge arriving at a final figure. However when I specifically asked about time frames (as I was representing myself, and I wanted to make sure I avoided any further penalties) the Judge admitted that he was unsure, but that it would all be clarified in the forthcoming paperwork.
The claimants solicitors have not been in touch since the CCJ hearing, not by phone, email, or letter. I have not contacted them, as I was waiting to hear from the court. I assumed rightly or wrongly, that from the moment the CCJ was handed down, the court was responsible for contacting me with the order, etc.
I have not yet requested a copy of the judgement, as the first I heard of all this debacle was Thursday last week when a High Court enforcement officer turned up at my registered address looking to seize assets. Prior to his arrival, I was not even aware that the case had been handed up to the High Court.
I was shocked that the high court could rule on such things without me even having been made aware that the case was going to the High Court, however I have had it confirmed by a couple of parties since that they are entitled to do exactly that.
For legal purposes, the Postal Service is deemed to be 100%reliable even though I accept that nothing could be further from the truth.They will not send this by recorded delivery.
Without knowing the circumstances of why it has gone up to HighCourt and for what I have no idea whether they have done something wrong ornot. I assume that you are not simply saying that it has been referred to theHigh Court Enforcement Officer.
It appears that the judge said he was unsure and it would be inthe forthcoming paperwork which never was forthcoming.
I have just got to the penultimate paragraph of your letter andthis is now making sense. This has not gone up to the High Court, it is simplybeen handed to the High Court enforcement officer which is simply anenforcement officer no different than a bailiff and in fact my firm always usesthe High Court enforcement officer rather than bailiffs for no other reasonthan people react to better to the word High Court than they do to bailiff. Ithink that is what is happening your circumstances and all that has happened isthe "bailiff" (by another name) is calling to collect the debt.
The only thing is, you have not had a copy of the judgement.
The court is responsible for contacting you but any competentclaimant solicitor would also send you a copy of the order to make doubly sure.They will of course give you a copy now as I said earlier as indeed, will thecourt.
If you were in court, as you are representing yourself, you wouldhave been advised at the time of the amount of the order and the presumption isthat if there is nothing else, the payment is made forthwith. Once again, as Isaid earlier, it must be paid within 28 days in any event so I cannot see thatyou can pass the liability on to anybody else I'm sorry to tell you.
I appreciate this is not the answer you wanted and I wish I couldgive you better news but based upon the information you have given me, you haveno option but to pay the debt. I cannot see that you are on any claim orcomplaint against anyone other than perhaps the court service if they did notsend the paper order out to you. To be honest, I think I would save my timerather than file a complaint at the court which will be of little or no effectin any event.
Does that answer the question? Can I help anyfurther?
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