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Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Following a CCJ being filed against an individual in relation

Customer Question

Following a CCJ being filed against an individual in relation to an outstanding debt, which party is responsible for advising the defendant on when, where, and to what value, to make their payment?
If it is the responsibility of the County Court, what legal process must they follow in terms of written letters to the defendant, and what reasonable response periods apply to those letters?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

How much is the outstanding debt?
Customer: replied 3 years ago.

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.

Expert:  Stuart J replied 3 years ago.

I need the background please as to how a County Court judgement
ended in the High Court.

Usually, payment is due under the terms of the order either
forthwith (immediately) within 14 days or more commonly 28 days.

I need the full background please

thank you

Customer: replied 3 years ago.

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.

Expert:  Stuart J replied 3 years ago.

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?

Customer: replied 3 years ago.

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.

Expert:  Stuart J replied 3 years ago.

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 High
Court and for what I have no idea whether they have done something wrong or
not. I assume that you are not simply saying that it has been referred to the
High Court Enforcement Officer.

It appears that the judge said he was unsure and it would be in
the forthcoming paperwork which never was forthcoming.

I have just got to the penultimate paragraph of your letter and
this is now making sense. This has not gone up to the High Court, it is simply
been handed to the High Court enforcement officer which is simply an
enforcement officer no different than a bailiff and in fact my firm always uses
the High Court enforcement officer rather than bailiffs for no other reason
than people react to better to the word High Court than they do to bailiff. I
think that is what is happening your circumstances and all that has happened is
the "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 competent
claimant 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 the

If you were in court, as you are representing yourself, you would
have been advised at the time of the amount of the order and the presumption is
that if there is nothing else, the payment is made forthwith. Once again, as I
said earlier, it must be paid within 28 days in any event so I cannot see that
you 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 could
give you better news but based upon the information you have given me, you have
no option but to pay the debt. I cannot see that you are on any claim or
complaint against anyone other than perhaps the court service if they did not
send the paper order out to you. To be honest, I think I would save my time
rather than file a complaint at the court which will be of little or no effect
in any event.

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PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.

Customer: replied 3 years ago.

When I try to send me response, I get the following message;


Access Denied

You don't have permission to access "" on this server.

Reference #18.9f7a3bc3.1380648879.44402c

Expert:  Stuart J replied 3 years ago.
I haven't got a clue sorry unless it's something to do with cutting and pasting. I only deal with questions and not site code or admin. You could try logging out and logging back in again and re-pasting.

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