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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We had a court hearing on the 29th of Jan, where it

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Hello, we had a court hearing on the 29th of Jan, where it was agreed that the plumber who carried out works to our property would pay us back the sum agreed (around £7k) in instalments. First one being £500 by end of Feb and then £50 a month from March 15th. The plumber has defaulted on every payment to me and have contacted the court to restore the hearing (as it was adjourned with liberty to restore) but to date have heard nothing back. I have called the court manager and was told to fax my request through (back in March) and still no word. I don't know what to do next or how to restore the hearing quickly? Can you advise if I need to fill out a form or pay extra? The Judge said I wouldn't have to pay extra, but as I've heard nothing wondering what is happening. Ideally I want to get a CCJ against this plumber to reclaim my money back.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you made a formal application on form N244 or just written to ask please?
Customer: replied 2 years ago.

Hi Alex,
Dartford County court said we could fax our request through but when we call them or email them for an update they just say they can't help us and that we need to put things in writing, but when we do, we don't get a response. It's been months now and just getting concerned that nothing will happen and the dodgy plumber will just get away with not paying us back the money we are owed.

Expert:  Ash replied 2 years ago.
You should make a formal application to restore. You need to complete form n244
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
It's a £50 court fee which you can ask to be added to the judgment debt, you are asking for judgment as the debt has not been paid. Tick without a hearing and ask for judgment in full forthwith.
That will go before a judge and judgment should be enetered which you can then enforce.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex,

Could you clarify how long this process will it take? We made the claim through money claim so is it best to just complete the n244 form instead?

We were told that we wouldn't have to pay a further court fee which is why we haven't filled out any forms.

By asking for a judgement in full forthwith will that allow us to get a CCJ against the plumber?

Also, what happens if they don't respond to the n244 form?

Expert:  Ash replied 2 years ago.
If it was adjourned generally then you need to submit that to the court who currently holds the case.
Form n 244 is an application notice to apply to the court to do something, it's far better than fax. Yes by asking for judgment forthwith it's a ccj.
The court will respond to the n244 as it's an application notice which will go before a judge.
Alex
Customer: replied 2 years ago.

Just one last thing Alex... How long does it normally take to get a court hearing restored? (rough idea is fine)

We just called the court this morning and they are saying that the request has been received but now need to wait for a date.

Expert:  Ash replied 2 years ago.
form N244 and no hearing it should be 2 weeks.
Ok, if the request has been received you are at the mercy of Court listings. if they are busy it could be several months away. It really depends on the volume of work.
Alex
Customer: replied 2 years ago.

Hi Alex,

Sorry for the delay in replying. Once the hearing takes place and there's a judgement can we apply to enforce the judgement there and then and get a CCJ at the same time? We want to get a CCJ against the plumber so that we can get a sheriff to collect the money we are owed as we know he won't pay back.

Expert:  Ash replied 2 years ago.
You can get Judgment. That order is that there is 14 day period which D must pay. At that point you get a CCJ.
Once you have that you can transfer to bailiffs/sheriff to collect and enforce.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

If after the 14 day period he fails to pay do we automatically get the ccj against him? or is there a further procedure that we would have to go through before its issued? Thank you for your help and sorry for asking to clarify things.

Expert:  Ash replied 2 years ago.
The CCJ is automatic when you get Judgment. You need do nothing more.
Once you have the Judgment (CCJ) you can send in bailiffs.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up on this. Is there anything else I can help with? If so, please let me know.
Alex.
Customer: replied 1 year ago.
Hi Alex,
We finally got a court date to get a ccj against the dodgy plumber who owes us money for damages. Can you explain what we need to ask for when we are there, to ensure everything runs smoothly? We intend to send sheriffs around his house to get the remaining owing money. Is there anything we need from the court to do this and is there anything we can do to ensure he doesn't do anything to prevent us from getting what we are owed. (We don't want him to know about sheriffs as otherwise he may try move his funds or get rid of his credit cards to avoid payment). Also anything we can do to protect ourselves/ our home in case he starts harassing us? Worried as he's not a nice person, that he could come and vandalise our property. Where do we stand?

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