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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1801
Experience:  Dual qualified Solicitor and Attorney
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We have an issue with a supplier who did not supply the

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Hello, we have an issue with a supplier who did not supply the goods they were contracted to do. The court found in our favour, but in the meantime, the credit card company paid a partial refund. The Defendant is now intimidating us to reduce the amount they will pay and telling us that he is going to get the case set aside.
JA: Where are you? It matters because laws vary by location.
Customer: Hertfordshire - the case is all England-centric
JA: What steps have you taken so far?
Customer: We have a CCJ against the company for a total of £2100. The credit card company paid c £460. They are offering us, in total £590 for the remaining debt
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are trying to pressure us by stating that they have a large legal team who will sue us for a false claim. At the time of the original court documentation, we did not know if the credit card company could do anything

Hi thank you for your message, your quickest course is to ask bailiffs to collect the money, the bailiff will ask for payment within 7 days. If the debt is not paid, the bailiff will visit the debtor’s home or business to see if anything can be sold to pay the debt. You can apply to either a county court or the High Court if you’re owed between £600 and £5,000 as in this case. How you apply to the court depends on how you made your claim. If you claimed online and your reference number has an MC in it download and fill in either: form N323 - to apply at a county court (you must be owed £5,000 or less) or form N293A - to apply at the High Court (you must be owed at least £600)

Otherwise, enforce a judgment using Money Claim Online. If you applied on paper it is the same forms but the money claim online option is not available. Form N323 is available here: https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control

Form N923A is available here: https://www.gov.uk/government/publications/form-n293a-combined-certificate-of-judgment-and-request-for-writ-of-fieri-facias-or-writ-of-possession

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
This does not answer my question. The defendant, despite plenty of chances to challenge, is now threatening to set the case aside. The credit card company's actions occurred after the court papers had been filed, and my emails to the court to inform them of this bounced back. The defendant did not contest ANY of the findings at the time of the case.
Sending bailiffs in will not help if they set the case aside and try to intimidate us by threatening to sue us for something a 3rd party had done. We accept the credit card refund amount is in the amount being claimed, and we have confirmed that we are not looking for double payment of this amount, but we have a significant loss that we are dealing with as a result of the this company's incompetence.

Hi thank you for your message, I note you have given me a negative rating despite what I have advised being correct. It would therefore be helpful if you raised queries before giving me a negative rating owing to a lack of understanding. Addressing your points in turn, they may be threatening to challenge the judgement but until they have done it is still enforceable and in any event they might not be successful. A threat to challenge does not mean they will actually do it and they are likely out of time to do so anyway. They cannot sue you based on what they have said, you are entitled to the money and therefore to collect on the debt, therefore, you should not be intimidated by their threats and collect on the debt in the manner described above. You mentioned sending it bailiffs wont help if they set aside but the fact is they haven't got it set aside. I hope this clarifies matters and would appreciate if you could now rate me in accordance with the correct advice I have given, if you have queries just ask.

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