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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have lost a civil case and permission to appeal and have

Customer Question

I have lost a civil case and permission to appeal and have this ccj, I have tried several full & final settlements with the builder but he has refused. I recieved a order N39 form to attend court for questioning. I then paid the judgment due before the court date. I attended the court date and informed them that I had paid. the builder still refused to accept the cheque. he is asking for futher costs. He has also been harrassing me throught this ordeal, with phone calls and he has contacted my work three times and told them about the debt, he has sent the judgment papers to my daughters school and downloaded her picture from the school website, he has.now recentely contacted by credit reference agency and sent them the judgment papers. Is he allowed to do all this? Is he allowed to refuse to accept the judgment cheque. He has also said to me he wont accept the cheque because I owe him further costs. the costs in the judgment are interim at £20,000 for a 2 day hearing. do I have ANY rights?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Has the court assessed any amount for further courts and made an order that you pay them?

tdlawyer :

Or has the court simply given the judgment in the main claim, with costs to be assessed?

Customer:

The court gave the judgment in the main claim with £20k costs to be assessed. it has been 7 months since the court case, I have been trying to negotiate full and final settlements with the builder. I have only recently tried to pay the debt(after borrowing money from a relative) in full. but now he says he wont accept the payment until I state that it is only a part payment, as he says I now him a further £32K in costs.

tdlawyer :

Okay, so the costs have never as yet been assessed?

Customer:

No. I received form N39 to attend court 7th feb for questioning, i went but filled in a form to say I had paid the judgment debt, but he has since returned the cheque to me.

tdlawyer :

Okay. Well, you have a record of sending him the cheque and his response, which is great. Basically, there is nothing for him to enforce against now, as you have what is called a "Defence of Tender".

tdlawyer :

this means you have paid, in effect, although obviously you need to hand over the money if he is willing to accept it. But you're not obliged to follow him around with the cheque until he accepts it. What you could do, if you have his bank details, is make the payment directly into his account.

tdlawyer :

Either way though, what you have done should be sufficient.

Customer:

what does that mean please

tdlawyer :

It means you shouldn't have enforcement proceedings against you now.

tdlawyer :

You can decline to attend the oral examination and say that you've offered payment but he refuses to accept it due to costs, but that the costs have not been assessed. Then, to do anything more, he will need to explain the position to a Judge.

Customer:

I dont have his bank details only his address. and what about this harrassment he is continuing against me

tdlawyer :

The Judge isn't likely to do anything more if, on the court file, is a copy of your letter offering payment to him - so it's worth sending this to the Court in a letter and explaining the position.

tdlawyer :

Yes, harassment is something you would have to issue a new claim to deal with.

tdlawyer :

You could seek an injunction to prevent him doing this. Frankly, he has no excuse if you've offered him payment.

Customer:

Ok brill I will send a letter to the courts stating that I have sent him judgment cheques , with proof of postage etc.. and that he is trying to blackmail me into stating I owe him further costs. will this be sufficient. How do I apply for an injunction? or can I just report him to the police

tdlawyer :

You can go to the police, but they'll be reluctant to become involved I expect, saying that you need to get the Court to do something. But do try, you have nothing to lose.

tdlawyer :

To get an injunction, you would need to issue a claim form (an N1 Claim Form) in your local county court.

tdlawyer :

Then you would need to issue an application notice too, Form N244, saying you want an injunction now, and that you shouldn't have to wait until trial to get it.

tdlawyer :

You get the forms from the HMCTS website.

Customer:

Thankyou so much it has made things clearer for me

tdlawyer :

You're more than welcome. Is there anything else I can assist with?

Customer:

so it will be up to him to either 1)accept the cheque, 2)or apply for costs to be assessed.3) take me back to court. will I be liable for further interest on the judgment if he doesnt accept the cheque.

tdlawyer :

No, you're not liable for interest from when you gave payment (or him the means of payment).

Customer:

ok brill thankyou

tdlawyer :

He can apply for costs to be assessed anyway, even if you pay now, they're an additional liability to the judgment sum.

tdlawyer :

Thank you!

Customer:

but he has to then prove these additional costs

tdlawyer :

Yes, he does. That's the assessment process, which it sounds like he hasn't started yet.

Customer:

Ok

tdlawyer :

Can I help with anything else?

Customer:

no that good

Customer:

I will get back to you if anything crops up along the way. thankyou

tdlawyer :

Thank you! Hope it resolves quickly!

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

One more question/ Is there a time limit when the creditor can go back to court to apply for costs to be assessed. it has been 7 months since the court case. and I have sent him the judgment cheque 3 times which he has refused to accept.

Expert:  tdlawyer replied 3 years ago.
No, not really, although you can force them to commence assessment proceedings if you wish by serving a notice upon them requiring them to commence assessment. There is a useful and informative breakdown of the provisions here: http://www.costsmonkey.co.uk/html/detailed_assessment.html

Tony
Customer: replied 3 years ago.

on cost-monkey detailed assessment it says 3 months is the time limit for the creditor to apply for costs. I have paid the judgment and if they accept it, interest is stopped, what happens to the judgment, is it still unsatisfied?

Expert:  tdlawyer replied 3 years ago.
If the judgment is paid, interest is calculated up to that point of payment. It is then a satisfied judgment.

The costs monkey website may be slightly wrong about the 3 months. This is the normal period, but the Rules CPR 47.8 sets out the sanction for failing to do it within this period, which is essentially no interest and you can force somebody to commence the assessment process (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-47-procedure-for-detailed-assessment#rule47.1)

The link takes you to the actual Court rules, and it is always better to read the primary source.

Tony
Customer: replied 3 years ago.

Thank you. I have read CPR 47 and it also states 3 months, as I understand it.


 


If they accept the judgment payment. How do I make sure that the CCJ is marked satisfied. and not part-satisfied. Do I have to write to the courts myself?. as I obviously do not trust the creditor.

Expert:  tdlawyer replied 3 years ago.
If you pay the judgment then you obtain a certificate of satisfaction from the court. The details of that are here: http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs

Tony
Customer: replied 3 years ago.
Thankyou
Expert:  tdlawyer replied 3 years ago.
Anytime - you're more than welcome.

Tony