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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4640
Experience:  Solicitor
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I am the claimant in a case where the defendant owes money.

Resolved Question:

I am the claimant in a case where the defendant owes money. The hearing this week was adjourned due to the Defendant's inability to travel to the court. It was ordered (because the Defendant had not complied with various aspects of the previous order leading up to the trial) that he comply with these orders AND he pay for my time wasted in turning up at Court within 7 days. He was ordered to "Pay the claimant by xxx date, 4pm for time wasted" but no instructions for HOW to pay. I want to know HOW they would pay me - by bank transfer to me directly (in which case I suppose they email to request details) or would this normally happen by the defendant paying the court and the court paying me? It's important as I feel it will be likely to seek an enforcement of the judgement - if found in my favour, or obtain a 3rd party debt order to freeze the defendant's bank account until payment of the debt is made. If he has to pay me by transfer, I will have then know their bank account details and can use this as a possible way to freeze funds. Grasping at straws but needs must.
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Customer: Civil case, defendant retired, just sold house, has funds, disappeared abroad, only left email address for communication with courts, slippery and probably will wriggle out of repaying debts I am chasing. If it goes down the enforcement route, I am trying all ways I can to ensure I have some solid way of tracking him down/tracing his whereabouts or banking to apply pressure to freeze bank assets from house sale but he's flighty. I hoped this might provide a valuable insight to what bank he uses to call for a third party debt order
Submitted: 12 months ago.
Category: Law
Expert:  Jamie-Law replied 12 months ago.

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

Hw can pay by cheque, bank transfer or cash.

If its bank transfer you wont know the source of funds, as generally the bank only credits your account. But you will know the bank it came from which is enough for a third party debt order.

Can I clarify anything for you about this today please?

Customer: replied 12 months ago.
There was no instruction about how he should pay, only that it must be made by 4pm in 7 days. I was trying to ascertain how he would pay this if there were no details of HOW he SHOULD pay me. If I receive funds via his friend's bank account, does that count? Does it have to come from him directly for me to accept it? I want to have a firm lead to follow if I have to lodge a 3rd pay debt order.
Expert:  Jamie-Law replied 12 months ago.

No, the court des not specify a method.

Does that clairfy?

Expert:  Jamie-Law replied 11 months ago.

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Customer: replied 11 months ago.
This is the briefest answer and doesn't really clarify in the way I wanted, which is more as a personalised answer than I could find online myself. I'll google it. In addition, I requested and ticked boxes for a £18 service and seem to have been charged £38. This is not satisfactory.
Expert:  Jamie-Law replied 11 months ago.

I am not sure what else I can add or you want me to explain.

The Court, unless it orders otherwise does not specify the method which you are to be paid.

it does not have to be cleared funds, it can be by cheque, bank transfer, cash, bankers draft etc.

But unless the Court says otherwise (ie the court, if you asked may have ordered cash payment or cleared funds), then any method can be use.

The Court will only ever specify the amount and WHEN it is to be paid. If it does not mention when it is to be paid, the Court rules are 14 days from date of order.

Can I clarify anything else for you, if so please do let me know.

Customer: replied 11 months ago.
If the defendant sends costs for wasted time, ordered for payment before the trial, from his French bank account, does UK law have the power to place a 3rd party debt order to freeze activity on this account while the main debt remains unpaid & how would a litigant in person apply for this to a foreign account ?
Expert:  Jamie-Law replied 11 months ago.

No.

But what you can do is get a European Enforcement Order to them freeze money in that bank account.

If there is an application for security for costs then those sums could be frozen but again using the EEO procedure.

You need to get a European Enforcement Order.

Does that clarify?

Customer: replied 11 months ago.
What do you mean by an application for security for costs?
Expert:  Jamie-Law replied 11 months ago.

You apply that if they want the case to continue that you want your costs paid into Court in the event that they lose.

If the case has already been concluded then you do not need to make this application

Does that clarify?

Customer: replied 11 months ago.
My court costs to commence proceedings and the amount I'm taking them to court for (its a case for non repayment of loans given)... ? Its Fast track and at the upper level of claim amount.
Expert:  Jamie-Law replied 11 months ago.

Yes. Then you can ask for security for costs.

And you can get a European Enforcement Order.

Does that clarify?

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you.
Expert:  Jamie-Law replied 11 months ago.

All the best.