How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have just lost a civil case and had punitive costs awarded

Customer Question

We have just lost a civil case and had punitive costs awarded against us. What steps can be taken in order to enforce the court judgement and what would be the chronology of such actions? We have no assets other than our house which is still mortgaged and on a forced sale would probably yield no resource. We are pensioners on pension credit.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was this as a result of a trial? Were costs summarily assessed please?

Alex Watts :

Do you own any assets?

JACUSTOMER-2qsv7f88- :

We had a Civil Court hearing in the County Court before acting Judge Recorder Khan in Manchester we don't have a full assessment yet but an interim payment of £60,000 was due on 26/03/15, we have no resources to meet this order, the only asset we have is our house with an estimated value by an auction house of between £80,000 and £85,000 possibly £88,000 before auction costs of £2800. Our mortgage stands at £78,849 at present. We have no savings and are in receipt of Pension Credit.

Alex Watts : Have you applied to vary the order?
JACUSTOMER-2qsv7f88- :

We have applied to the appeal court for the right to appeal

Alex Watts :

Ok, you need to also ask the appeal Court to suspend that order.

Alex Watts :

If that appeal is refused then you can apply to have the original order varied to pay by installments.

Alex Watts :

On the basis it is a valid Court order and any appeal is refused then sadly you are liable for the sum.

Alex Watts :

But you can apply to have it varied into weekly, monthly amounts etc.

Alex Watts :

If you own assets then sadly you could be forced to sell though.

Alex Watts :

Of course that is the risk of litiigation.

Alex Watts :

But the appeal is your best option at the moment.

Alex Watts :

If you have a property but no equity the Court will not grant an order for sale - no point.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-2qsv7f88- :

If we are refused the right to appeal to which court do we apply to get the original order varied?

JACUSTOMER-2qsv7f88- :

Thank you for the information, our original question however is what steps will the claimant be liable to be taking now and what will be the chronology?

Alex Watts :

Yes if you are refused right to appeal you can apply to pay by instalments on the orignal order.

Alex Watts :

The Claimant can enforce NOW unless there is another order in force suspending the appeal

Alex Watts :

Does that help?

JACUSTOMER-2qsv7f88- :

What we are trying to find out is what are the means of enforcing NOW?

Alex Watts : Bankruptcy, bailiffs, Charging order, bank freezing ofdet
Alex Watts : order
Alex Watts : Does that clsrify?
JACUSTOMER-2qsv7f88- :

We are obviously not making ourselves very clear to you, we know we are facing bailiffs etc what we don't know is the mechanisms the Claimant will have ti initiate, for instance can the county

JACUSTOMER-2qsv7f88- :

Court send bailiffs without another court hearing and do we get notification that a bailiff has been appointed. Can the Claimant get possession of our house without instigating bankruptcy procedure in the High Court?

Alex Watts : Yea. They simply need to fill out a form and send it to the court.
Alex Watts : that is it. Nothing else.
Alex Watts : it then gets transferred to your home court for enforcement
Alex Watts : But it's a simple form to enforce that sit
Alex Watts : it
Alex Watts : Does that clarify?
Alex Watts : you won't get notification of bailiffs coming. They is it turn up.
Alex Watts : They can get a charging order on your house.
Alex Watts : There is a further hearing to make that charge final.
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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

Alex Watts :

Are you able to respond?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice