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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My boyfriend has a judgement for a defendant to pay him £2000

Resolved Question:

My boyfriend has a judgement for a defendant to pay him £2000 he is owed. This came about by first making a claim and the defendant did not respond in time, so the judgement was made in my boyfriends favour. Next the defendant pushed for a court hearing. We all went to meet the judge who said that if the defendant lodged his case in court within 2 weeks it will be heard in court. If not, then the original judgement will stand and not be set aside. We have checked with the court and he did not lodge any papers in the allotted time. So the original £2000 debt is still owed to my boyfriend by default.
We have spoken to a private High Court Bailliff and he has said that they write to the defendant and he has 10 days to respond. They will then attend within 6 weeks. I know this man and that will basically give him enough time to transfer anything out of his name!
Is there a quick and painless way to recover the £2000 he owes? The original default judgement was back in October 2013 and £2000 is alot of money to lose.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume the original hearing was for an application to set aside. Did you formally request Judgment a second time please?

Customer:

The original hearing was for the judge to decide whether to set aside the judgement. This was requested by the defendant. He did not set it aside, but said it would be better dealt with in court. The defendant had to lodge his defence with the court within 2 weeks. He was also made to pay my boyfriend travel costs to that hearing and also the money he paid to enforce to the original payment. The defendant paid that money to my boyfriend but did not lodge any case to the court. The judge had said that if this was not done then the original judgement would stand by default. The court has received no papers.

Alex Watts :

Ok - who are you using as bailiffs?

Customer:

We just previously used court bailiffs who apparently called there 3 times and nobody was in.

Alex Watts :

Ok - you really need to change this to High Court Baliffs

Alex Watts :

You don't have them at present.

Alex Watts :

You need to apply to transfer it to the High Court, the fee is £60

Alex Watts :

http://www.marstongroup.co.uk/

Alex Watts :

They can transfer it to the High Court for you

Alex Watts :

There are no warnings, they just turn up with a writ

Alex Watts :

They are FAR more effective that County Court bailiffs

Alex Watts :

No warnings, nothing. They just turn up and demand cash payment or card

Alex Watts :

But transfer it to the High Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have spoken with one firm and he was a really nice guy who told me that we could transfer it to the high court and they would deal with it from there. He said that they first write to the defendant and then after 10 days awaiting a response it could take 6 weeks before they would visit. This will give the guy plenty of time to ensure nothing is in his name. This is not acceptable. I know this guy and he will do that. The bailiffs said they cannot gain entry to a private residence. I just wondered if there was a quicker solution?

Alex Watts :

I would ALWAYS transfer it to the High Court.

Alex Watts :

They are right, they can not gain entry

Alex Watts :

BUT

Alex Watts :

If you know that he OWNS a property you can get a charge on the property - secure the debt on it

Alex Watts :

That would be form N379 and a cost of £100

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdf

Alex Watts :

But securing the debt on property is always good.

Alex Watts :

Otherwise High Court bailiffs

Alex Watts :

Can I clarify anything else?

Customer:

I don't know if he owns the property - how do i find that out?

Alex Watts :

http://www.landregistry.gov.uk/public/property-ownership

Alex Watts :

I think the cost is £3 to check

Alex Watts :

Can I clarify anything else for you?

Customer:

No, thank you for your help today! I feel a bit more positive about it all. I will post a good rating. Thank you again for your time.

Alex Watts :

Thank you and all the best

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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