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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My husband, the claimant,lost the hearing and now has to pay

Customer Question

My husband, the claimant,lost the hearing and now has to pay the defendants part of their counterclaim. He has been sent Form N24 Judgement order but is unable to pay the £945. He has no assets as the house is in my name. He has no savings and no money in his bank account as it is a new one. He was declared bankrupt 7 years ago and has only just been able to get a bank account. All the direct debits come out of my account. He is self employed so does not have a regular income. What should he do? Should he write to the defendants and tell them that he cannot pay. They are individuals, not a company.
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 :

He should write to them and say that he cannot pay, otherwise, they will keep trying to enforce against him. In fact, they might continue to do that because they don't believe him, so perhaps he could provide them with a schedule any incomings/outgoings, and then tell them this is all he has.

Customer: Hi Tony
Customer: will he need to prove that he has no assets as well. Also he is due to go into hospital very soon for stomach surgery so he will not be earning. Do I need to tell them this as well?
tdlawyer :

Yes, they should be told this.

tdlawyer :

They might leave him alone then. They might continue, I can't say, but the one thing you can be sure of is that if he doesn't have the money/assets to pay them, they won't be getting anything!

Customer: Thank you. The last thing he needs at the moment is stress worrying about whether the bailiffs will call or the court will arrest him for non payment. Could this still happen even after doing what you suggest?
tdlawyer :

It could, but what are they going to do? They can't have what you don't have? You could, if you wanted to though, make an application to the court to pay by instalments, such as £2 a week or something, then so long as you keep up with that, no enforcement action could be taken against you.

Customer: Thank you Tony, you have done much to put my mind at rest. I will now let my husband decide what he wants to do.
Customer: Do I need to tell the court that I have written to the defendants and send them a copy?
tdlawyer :

Yes, you should tell the court. Anything you send to the Court you must send to the other side too.

tdlawyer :

Glad I've helped put your mind at rest.

Customer: Thanks👏👏
tdlawyer :

:) That's the first time I've send hands :)

tdlawyer :

seen ... :)

tdlawyer :

Thank you!

tdlawyer :

Are you happy with the service today please?

Customer: Very ✋👋✋👋✋👋
tdlawyer :

Lol :) Thanks again! Have a great weekend!

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Tony
I have spoken to my husband and told him your suggestions......I won't tell you what he replied 😱😱but if he does nothing what could happen?
Expert:  tdlawyer replied 3 years ago.

:) If he does nothing, then they will continue to try and enforce against him.

They might try and make him bankrupt. This could lead to a trustee being appointed and his share (if he has one, although I appreciate it's in your sole name) in the house being sold.

Tony

Customer: replied 3 years ago.
Many thanks Tony. I'm afraid he is being very stubborn about this. We could not appear at the Court hearing. We did notify the Court of this and sent in all the directions asked for, but the result didn't seem to take any of my husband's evidence into account. The only paperwork he received from the defendants was on 2 sheets of paper mainly slandering my husband,not even covering the counterclaim. The summary we received back from the Court concerning the hearing wasn't even dated or put on headed paper.
Customer: replied 3 years ago.
I do have another question relating to the original. The money my husband now has to pay to the defendants was for work he did decorating the outside of their house. Some of the money they want back is for the ALL the materials he bought....paint etc. He gave them the receipts. He also made them a wooden gate and put new roofing tiles on the bay roof. As we are having to give them the material money back does this mean these items belong to my husband and would he be able to take them back?
Expert:  tdlawyer replied 3 years ago.
Who owns what is something usually agreed between the parties.

If not, then the chances are that now there has been a court judgment, it is probably dealt with all of the issues in the claim and it's not now likely to be possible to reopen the dispute and take back goods etc.

Tony
Customer: replied 3 years ago.
There just seems to be something very fishy about the way the Judge dealt with the case. We were all(claimant and defendants) given the same directions to follow according to CPR27 and yet we only received 2 sheets of paper from the defendants, not dated or signed and no photos or reports.... Thought that you could only use in Court the papers that were sent to each party as evidence. Yet the judge in an informal letter to my husband spoke about photos she had seen from the defendants. None of the evidence we sent in was referred to at all. We did notify the Court that we were unable to attend. Can we appeal on the grounds that our evidence was not considered in our absence?
Expert:  tdlawyer replied 3 years ago.
You may be able to appeal yes, but I would suggest you consider getting a lawyer to help you do that, because these things are always tricky to win on appeal.

Tony
Customer: replied 3 years ago.
You're a lawyer aren't you Tony? Just a thought 😄😄.
Finally..... If hubby decides to wait and see what the defendants do, is it the Court or the defendants themselves who instigate the judgement ? Is the final decision on how they get the money down to the defendants?
Expert:  tdlawyer replied 3 years ago.
Lol ... I'd love to help out like that, but sadly, we're not able to ... it's an information only service on here I'm afraid.

Everything is in the contra lot the parties really before the court - it rarely instigates anything itself.

The parties can apply for whatever they like, in terms of payment mechanisms, but the court usually has some discretion over what to grant.

Tony
Customer: replied 3 years ago.
Sorry.... Didn't quite get that 2nd paragraph😳😳.
Expert:  tdlawyer replied 3 years ago.
When enforcing a court judgment .... the claimant can apply for things like a bailiff to come around, but the court doesn't always have to let them do it.

Tony
Customer: replied 3 years ago.
Understood!!!!! 👌👌
Never was much good on law.... Think I'll stick to nursing!!!!
Many thanks Tony, I will leave you in peace and rate you as excellent, even though you can't be my lawyer😄😄. Thankyou.
Customer: replied 3 years ago.
Hi Tony. Just had a look at the N24 form again and it says that payment is to be made directly to the defendants. Does that mean there is not CCJ unless they persue for the money and have to return to the Court for judgement? Sorry about this but I am so confused!😳😳
Expert:  tdlawyer replied 3 years ago.
You need to pay the money to them and obtain a certificate of satisfaction. So you need to get get a receipt for the payment, or a letter acknowledging payment has been made.

Then, send the letter to the court and ask for a certificate of satisfaction.

Get a date on the letter - if you pay within 28 days there is no judgement recorded at all.

Tony
Customer: replied 3 years ago.
Hi Tony
Could you tell me if my daughter can reply to the N24 judgement form on my husband's behalf as he refuses to deal with it. She is willing to write and tell them he has no assets etc. Thanks
Expert:  tdlawyer replied 3 years ago.
She can't really, no - parties to proceedings have to deal with them themselves or alternative, get a solicitor to act for them. Litigants in person do not have permission to do this for other people - they have be qualified.

Tony