Clearview 247 - June 2022 | Page 89

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the county court bailiff you
need to get a writ of control
using form PF86A .
There are similar fees from
either route . You supply the
court judgement , the court fee
and as much information about
the debtor as you can . If they fail
to recover the money you must
pay them £ 75 , otherwise their
fees come from the defendant .
If the defendant has moved the
HCEO ’ s tracing agents can be
instructed to find them before
enforcement commences .
Other options
There are several other
options that you can use to
enforce your judgement as well
as bailiffs or HCEOs . For instance ,
you can get the debtor into court
The next step
worried , ask your local county
Winning
to explain their circumstances .
You can get an order to deduct
Both you and the defend-
court if there ’ s a hearing you
Many defendants will pay in
the debt from their earnings at
ant will be sent copies of the
can attend beforehand .
full immediately if they lose . If they
source , you can get an order
claim and the defendant
Re-read all of the material
propose a repayment schedule
for their bank to directly satisfy
receives a response pack
just before the case , remember
it ’ s probably best to agree .
the debt or you can make them
which they can use to state
to take originals of documents
Occasionally someone who
bankrupt . Hopefully , none of this
their defence . They only
with you and make notes of
loses a case still doesn ’ t pay
would be required and bailiffs
have 14 days to respond with
anything the defendant says
you . In these circumstances ,
or HCEOs is probably an easier
options to give a defence
that you think is wrong . You
you need to “ enforce the judge-
and more common route .
or an “ acknowledgement of service ”. This would give them
can take a friend or relative with you for support .
ment ” which you apply for . You don ’ t need to give notice but it ’ s
The full story
a further 14 days more to put
The judge will give their
best to write a letter or email to
For the full rules of the Small
their defence together .
decision at the end of the
tell them what you are going to
Claims Court search on Google
Many people will settle up
hearing and explain the
do . Include this in your witness
for “ courts part 27 – the small
once they have been sent the
reasons .
statement when you apply for
claims track ”.
claim . Then they can see that you weren ’ t bluffing .
Default judgement
enforcement . If the judgement is for £ 600 or
Make it happen
Attending court
If the person or company you are lodging your claim
more transfer to the high court else apply to use the county
Like most things in life , when
you have never tried something ,
Most times you won ’ t need
against doesn ’ t reply to your
court bailiffs . There is a £ 60
the thought of it can be quite
to attend court . If you actually
claim within 14 days , you can
charge for transferring to the
daunting . Claiming through the
need to attend the hearing
ask the court for a “ judgment
high court using Form N323 .
court system is a bit like that
there is some very useful
by default ” and you may win
High Court Enforcement
even though it is fairly straight-
help that can be found by
your case by default providing
has a much higher success
forward . If you have a simple
searching Google for “ Citizens
it is sound .
rate because the High Court
case that isn ’ t really in dispute ,
advice Going to a small claims hearing ”.
Losing
Enforcement Officers ( HCEOs – previously “ High Court
I would strongly encourage
you to give it a go .
Remember that there will only be a hearing if the judge believes that this is necessary . You ’ ll be asked to send copies of documents to both the court and the defendant so send
If you lose , you will have lost the court fees , your time and you will need to pay fixed and limited costs for the other side like lost wages for attending court and travel costs . But
Sheriffs ”), are authorised by the Lord Chancellor , work privately , have more powers and are paid on results .
County court bailiffs work for the court , the cost is £ 110 ,
Benjamin Dyer is the CEO of Powered Now . Powered Now aims to take the pain out of admin and paperwork heating and plumbing engineers as well as other trades .
these by recorded delivery and
there ’ s no risk of paying out a
and it takes an average of 60
keep proof of postage . If you ’ re
larger amount .
days to collect the money . With
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