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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have obtained judgement against a large multi national company

Customer Question

We have obtained judgement against a large multi national company for a relatively small amount <£3k. In the end we engaged high court enforcement officers. They sent them a 'notice before action' letter quoting the figure. We were paid, directly, the exact amount, however, when they sent us the breakdown, only £2.2k of it related to the judgement and charges, the other £800 was for another project where the monies were not due and we were not chasing. The problem we have is the enforcement officer and court are saying they have paid in full, but we know that when we attempt to obtain the further £800, they will say, we have paid you, as per our payment notice....what options do we have ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and 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 :

How do you know the £800 is for something else?

Alex Watts :

I assume there are no Court proceedings in relation to that debt please?

Alex Watts :

How was payment made to you, ie cheque?

JACUSTOMER-29xvxdmx- :

Hi, they have identified the amount on their breakdown. There are no court proceedings for that amount as it is not yet 'due'. They have in effect paid that early to make up the difference of the judgement payment

JACUSTOMER-29xvxdmx- :

Payment was made by chaps

Alex Watts : What you can do is write and say you have set off the £800 towards the debt.
Alex Watts : You should say you do not accept the payment as payment towards the amounts which are not yet due.
Alex Watts : You are therefore accepting the payment on the basis it will be applied to the oldest debt first.
Alex Watts : Therefore you can continue to chase the £800 as appropriate.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-29xvxdmx- :

do we send that direct to the defendant and should we also copy the courts and/or solicitor ? What if they do not respond (which is likely) can we proceed straight to court action ?

Alex Watts : You send it to their solicitor if they have one.
Alex Watts : you can issue proceedings on the new debt if it is due,
Alex Watts : Does that help?
Alex Watts :

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