Witness statement set out

[DavidWH]

Just read through this thread.

I took a case to a small claims court, and the judge had read my entire file before the hearing - even commented on its presentation, which made it easier for her to understand.

I applied for a summary judgment as the defendant admitted their guilt in their defense.

The judge acknowledged this, and agreed that had they turned up, it would have been granted, and we began talking about the damages to be awarded.

In all honesty I was impressed, the judge had read the case, understood it, could see what a fool the defendant was, and acted accordingly.

I never actually got a penny for the effort but it was very satisfying and the court provided all the information they required for the hearing and how to present it.

The hard bit now is getting the CCJ enforced and paid.

 

[oz07]

I eventually got the interim third party debt order. Problem was it was finally sorted in October when I sent it in February! I feel the court has performed poorly with this was I am sure there would have been funds in February. Suppose there's nothing I can do everyone has had the old corona card up their sleeves as an excuse for poor service for the last 2 years. The hearing is this morning although I would have thought it would be cancelled. The bank came back to us and the funds are near enough nil! I have a feeling this guy is waiting for someone to take him pop now. I wonder whether the judge this morning, at a third party debt order hearing, would have any powers to award me some costs? I wouldn't need many increments of 19 quid to take me over the 600 mark and can leave it with the proper bailiffs then. Failing that I will just give up after this hearing and put it down to lessons learned. Hopefully the CCJ has made the defendant incur extra costs on insurances etc and may have convinced him to wind down his operation.

 

[JEREMY HAWKE]

I would say your at the point of costing yourself to much time on this for no return
It looks like you debtor does not have any money or is hiding it

 

[oz07]

Just had the hearing. The judge was preparing to make the order final and taking my account details for payment! The bank had not contacted the court with the same letter they had me, or atleast the court hadn't received it. The just I was getting was that the bank would have to pay me within 14 days. I felt obliged to be honest with the judge and tell her that I received a letter stating that there were insufficient funds. I don't know if I slipped up here and should have just let the order be made and the bank overturn or pay. The judge has now adjourned and made an order that the bank provide up to date details for the accounts held by the defendant. After talking with the judge it is my understanding this will mean if any funds have been deposited in the meantime these will be covered by the interim order. Apologies were offered for the delay and how long this has all been dragged out which I appreciated.

 

[oz07]

I would say your at the point of costing yourself to much time on this for no return
It looks like you debtor does not have any money or is hiding it

I agree I will stop spending any further money on this from now but I don't mind a ten minute chat with a judge again if it has any chance in getting me my money. If the bank don't write to the court again I wont be opening any letter from them!

 

[MBE2017]

CCJ’s have a habit of changing people’s minds after a while, not always, but quite often. I was chasing a £55k debt, not mine, and offered a deal to settle for £30k as requested by my client. The debtor basically told me briefly where to go, it ended with off.

I left my details and moved on, eight months later the same guy rang myself asking for the deal to be offered again, which I refused, guessing, correctly there was a reason behind his change of heart. He let slip he had just been turned down for a mortgage, but a friend thought he would be able to get him one shortly. I just laughed and suggested he ring again when he was ready to pay the full amount.

I made sure the client was aware of the new circumstances and ensured no deals were to be offered, only myself to deal with the guy who had been so rude a few months earlier.

They got there full money within the month. I got a very nice commission.

 

[oz07]

Good result there. Unfortunately unlikely in my case as this is ltd company. But since this whole saga has began I have noticed how many forms ask if you've ever had ccj, been director of company with ccs etc etc

 

[MBE2017]

Best of luck, hopefully you will see some of your money eventually.

 

[tony84]

CCJ’s have a habit of changing people’s minds after a while, not always, but quite often. I was chasing a £55k debt, not mine, and offered a deal to settle for £30k as requested by my client. The debtor basically told me briefly where to go, it ended with off.

I left my details and moved on, eight months later the same guy rang myself asking for the deal to be offered again, which I refused, guessing, correctly there was a reason behind his change of heart. He let slip he had just been turned down for a mortgage, but a friend thought he would be able to get him one shortly. I just laughed and suggested he ring again when he was ready to pay the full amount.

I made sure the client was aware of the new circumstances and ensured no deals were to be offered, only myself to deal with the guy who had been so rude a few months earlier.

They got there full money within the month. I got a very nice commission.

They should have come to me, I would have got them a mortgage haha. (Only messing).

 

[oz07]

Hi all back again.

Judge has just made final third party debt order against debtors bank. The bank never replied to the court with the statement of the debtors accounts. The judge has finalised the order anyway because we have had 2 adjournments and i've been getting messed about.

How do I go about getting in touch with the bank (Barclays) to claim any money? Would they have a debt / legal team to contact? Am I best to use the services of a bailiff?

I know the guy is still trading he is still filing accounts and bits on companies house. Plus he's now on my builder and you can see he's accepting jobs then getting feedback. Presumably money is going in and out of his bank account.

Cheers

 

[MBE2017]

I would assume the court would enforce the order, but you could ring the court to be sure.

Well done, if he is still trading you might get lucky and have the order land just after he makes a nice deposit. Time will tell.