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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13907
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Please, Middlesbrough, Small claim court CCJ gone to High

This answer was rated:

Please
JA: Where is this? It matters because laws vary by location.
Customer: Middlesbrough
JA: What steps have been taken so far?
Customer: Small claim court CCJ gone to High Court Writ
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Defendant shown history of avoiding the courts. Inquiry with regards ***** ***** 8% interest post judgement. Costs to take the CCJ to high court can they be added to debt.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Yes, the enforcement costs can be added to the CCJ sum. And interest can also be added for the amount of time the sum remains outstanding.
You mention the CCJ has been transferred to the high court - high court enforcement officers are very effective so you should recover the money. The transfer fee is £66.

If not then there are other methods and you have up to 6 years to enforce from the date of the CCJ. The options are as follows :

1. Apply to court to order they attend a hearing and confirm what they can pay. You do this by filling in and sending form N316 with fee of £55 payable to HMCTS:

(https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning)

2. Instruct court bailiffs to attend and collect. Fill in and send form N323 (https://www.gov.uk/government/publications/form-n323-request-for-warrant-of-control)

A fee of £77 is payable (if you sued online) or £110 (paper method) payable to HMCTS.

You have already done this - you can apply to transfer the CCJ to the High Court so that you can use the high court enforcement officers (who have far greater powers than county court bailiffs including seizure of goods to sell at auction and forcing entry to premises). The following company can do this for you and they add their fee to the CCJ sum: https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

3. If he is employed, apply for attachment of earnings order :

(https://www.gov.uk/government/publications/form-n337-request-for-attachment-of-earnings-order).

£110 fee payable to HMCTS.

4. Apply to freeze his bank account (if it is in credit - this only works on one date though) and the court orders the funds to repay the CCJ :

(https://www.gov.uk/government/publications/form-n349-application-for-third-party-debt-order).

£110 fee payable.

5. Apply for a charging order on his property (if they own it) so the money is repaid when the property sells. You can also apply to force a sale :

(https://www.gov.uk/government/publications/form-n379-application-for-charging-order-on-land-cpr-part-73).

£110 fee payable.

6. Apply to wind up their company if you sued a limited company and they owe you £750 or more:

https://www.gov.uk/wind-up-a-company-that-owes-you-money

£280 fee and £1600 petition fee is payable

7. Apply to bankrupt them if they owe £5K or more :

https://www.gov.uk/apply-to-bankrupt-someone

Petition fee of £990 and court costs of £280 are payable

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 13 days ago.
Hello. Thank you for your reply. However the case has proceeded further. It was difficult to cram all information initially in order to get the answers I was seeking. In my mind it is essential to provide exact information.

OK, thanks. I can refine the answer if you want to provide the exact information.

Customer: replied 13 days ago.
Ok. I shall try my best. CCJ was granted to me in my favor (below £5000). in Feb 2018. In June 2018 the High Court Writ was granted. [Q. According to sources, an 8% interest is applied to the amount from the moment it goes to High Court. Is this true? Is that interest there until the writ is satisfied?] The writ after 12 months expired. [Q. Did I lose the interest?]. As the Defendant showed before the case the inclination to jump addresses as well as doing so during the High Court writ, asking for an extension of the Writ was illogical and waste of time and money. [Q. As the writ was not satisfied does the 8% per annum remain? Can I add the £156 cost I incurred for the writ to the debt?]. Finally in November 2020, thanks to new information I applied for another High Court Writ. This time the Defendant received the information and the judgement. Defendant immediately applied for a hearing to put judgement aside however it was unsuccessful. During hearing he admitted liability. Before the hearing, I submitted an application for Defendant to appear in Court to provide information. However I fear that the Court Bailiffs will not be able to find him. [Q. Am I allowed to send the application to his email address which is very much active? Courts will not do so!!]. [Q. All this time has the debt been accruing 8% per annum?]
Customer: replied 13 days ago.
Q. Can I add the court cost for him to appear in Court to the debt?]
Customer: replied 13 days ago.
All information with regards ***** ***** 8% per annum that I have been provided by National Debt and Citizen's advice has been contradictory
Customer: replied 13 days ago.
Courts refuse to let me know

8% is statutory interest and yes it's calculated on a daily rate for the period of time the debt is outstanding

You do not lose the interest, no.

You cannot send anything to his email address, no. You will need a tracing agency to locate him.

Customer: replied 13 days ago.
from the moment the CCJ became a High Court Writ the judgement begun accruing interest of 8% per annum?

The courts don't give out legal advice either so I am not surprised they didn't help you.

Customer: replied 13 days ago.
I have been corresponding with him since the hearing as he wishes to clear the debt. Why can't I send him the order of attendance that the Court provided me with via email as well since past correspondence and attachments were approved by Court?

You can send the order by email, yes. You asked whether you can send "the application to his email address", not the order.

Customer: replied 13 days ago.
Why did the High Court Bailiffs in the new Writ granted to me in November 2020 did not use the new amount (that being the debt plus the 8% per annum since June 2018)?
Customer: replied 13 days ago.
My apologies. I got the terminology mixed up.

I can't really say why they didn't do that. You would need to ask them. They should have pursued the full amount in my view

My view is you use this company - they will simply add their fee on to what is already owed and they will take the hassle out of this :
https://www.courtenforcementservices.co.uk/services/ccjs-transferring-high-court/

Customer: replied 13 days ago.
What was the last advice related to?

To ask the company to transfer the CCJ back to the high court and to enforce it.

Customer: replied 13 days ago.
The writ is currently with DCBL. Is that company not a good company?
they’re also recommended
Customer: replied 13 days ago.
On another note, am I allowed then on the above or safe to tell the Defendant, despite the ambiguity between your advice and DCBL advice, that the debt has accrued interest since June 2018?
as I say the interest is ongoing as you haven’t been repaid yet
Customer: replied 13 days ago.
Can I add the 1st and 2nd High Court writ costs to the debt as well? Do I need to go through court to do so for both to apply the 8% interest and the High Court writ costs?
Customer: replied 13 days ago.
I apologize if I sound pedantic but my autism sometimes gets in the way leading to a tendency of asking similar questions.
Hi, sorry how much was the CCJ sum for including your costs and interest to the date of CCj?

I may have misread the details earlier - interest on the CCJ is claimable, but only if the total sum you are owed (principal sum, court costs, interest to date of the CCJ) is over £5,000. If the whole lot is under £5,000 then you cannot add on more interest after the CCJ is issued by the court, sorry.

Customer: replied 13 days ago.
I am not sure I fully understand the question. Original CCJ sum £3049.72 before going to High Court Writ. Then first High Court Writ costs £156 on expiration of this writ. Then second writ granted Nov 2020 costing me £66 as previous. When it expires I pay £90. I also pay £90 when the Defendant begins to pay of the debt.

Thanks, ***** ***** sum you are owed is comfortably under £5,000. So you can include any enforcement costs but not further interest unfortunately

Customer: replied 13 days ago.
Even application fee to attend court?

You can add that, yes. Just not the interest

Customer: replied 13 days ago.
Can I apply to court to apply the interest? Is it worth it?

No, as you are not owed more than £5000. Not worth it

Customer: replied 13 days ago.
The Defendant has applied to settle the amount on a monthly basis since the hearing. What happens if he stops? Will he be penalized by the Courts? Will I be able to use his non compliance again as evidence to penalize him further? I ask this as he has flouted the court judgment for 3 years without penalties which is unfair?

If he stops you can use the enforcement methods to recover the full amount owed.

Customer: replied 13 days ago.
Once it goes above £5000 as I understand from the above then the interest is applied?

Yes, correct

Customer: replied 13 days ago.
If he fails in his payment, am I right to deduce it is still not worth applying for interest since the amount is below £5000? I ask this as I just did a quick calculation. If I applied for the interest to be included now the cost would be £255 for the application in order to receive £880 plus £255 once granted. When you mentioned above it is not worth it is it because the chances of being granted are slim to none?

Yes, correct. You cannot add interest post-CCJ on a sum under £5,000 in value.

Customer: replied 13 days ago.
last cheeky question which I hope you find funny. The £5 I paid to ask for advice can I add that to the debt?
Customer: replied 13 days ago.
On a separate note you have been extremely helpful!

Yes, no problem! Yes, you can add the £5 to what is owed - you can recover up to £260 for legal advice in a small claim (paragraph 7.2: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#7.1 )

Customer: replied 13 days ago.
Ok that I did not expect!!!!

No problem, thanks

Customer: replied 13 days ago.
Can I have a transcript of this conversation please for my records please?

Sure, if you ask customer services they will send it to you. You can either email them the request to***@******.*** or go to this link: https://www.justanswer.co.uk/help/contact-us

Customer: replied 13 days ago.
Thank you. What information do I need to provide them for them to pinpoint this conversation?

They will already have a copy of this so don't worry

Customer: replied 13 days ago.
Ok. Once again thank you very much for your advice and help.

My pleasure, have a good day

JimLawyer and 2 other Law Specialists are ready to help you