MoneyClaim process

Diagro

Diagro

Diagro

Soldato
Joined
3 Jun 2012
Posts
11,148
Hey

I put a claim in against a Car Trader for various issues, And its been 20 days.

As far as i can see you have to wait 5 days after applying for the claim to be issued then 14 days before you can ask for a Judgement if no reply.

5+14 = 19
And its been 20 Days.

So why when i try to apply for a judgement does it say:

The following errors have occurred:
You can only request Judgment by default if the required number of days have passed.

Just very annoying to be stopped when the numbers are correct!

Anyone have any experience with this site? Should i simply wait till tomorrow and try again?

Would like to get this Claim finished and get the Bailiffs over there to recover close to a grand.
 
Sudden said:
Have they acknowledged service? If so, then it's 28 days instead of 14.
Click to expand...

Nope, No acknowledgement.

Not a letter, a text, email or a call from them. They are doing the whole avoiding me trick still.

if its working days thats fine. Will wait 4 more days then :)
 
Diagro said:
Nope, No acknowledgement.

Not a letter, a text, email or a call from them. They are doing the whole avoiding me trick still.

if its working days thats fine. Will wait 4 more days then :)
Click to expand...

they dont acknowledge you. On service of the papers they can acknowledge online to the court stating their intention to defend in full or partial. Check to see if they have done this.

Can I also just fore warn you that this is a long process.

If they acknowledge they will likely request an extension. usually 28 Days to prepare a defense.

At this point they can ask for evidence from you. As you are the claiment its up to you to produce all documents.

They will then likely go for a unless order.

Should you be successfull in getting a judgement it dosnt end there. They have 28 days after Judgement is awarded.

Should that lapse you will need to go before a judge again for permission to enforce the judgement.

Only then can you go after the cash.
 
Last edited:
Refer to CPR 15.4 and CPR 2.8. It's 14 or 28 clear days, which include weekends but not the date of issue.

If you posted the issue date, we could help you to calculate the dates after which you may be able to go for default judgment.
 
Diagro said:
Applied on 27th. Issued on 28th
That is 20 days ago inc today
Click to expand...

Then he had until 11 September to file an acknowledgement of service or defence. Assuming he has filed an AoS by then, he then has until the end of 25 September to file his defence.
 
Diagro said:
Just tried again. Request for Judgement went through so now i need to wait to see what happens.
Click to expand...

Ok, good luck. As I don't deal with Money Claim Online professionally, I'm not sure whether that means the court has not received an AoS. Ordinarily I'd phone the court to check.

You can always submit a further request for default judgment after 25 September if it turns out he has filed an AoS and so your request fails on this occasion.
 
hey small update.

I requested judgement, and it now says:
"Your judgment against JRC Autos was issued on 18/09/2014 at 19:22:23"

What do i do now??
DO i need to print that off and send it to the court?

there are no instructions now on the site, apart from telling me that i can request a warrant.
 
How long is deemed long enough to wait?

Also it says its £70 to issue a warrant so might have reduced in price :D

Hopefully that price is added onto the judgement, but if not its less than 10% so im not fussed
 
Diagro said:
How long is deemed long enough to wait?

Also it says its £70 to issue a warrant so might have reduced in price :D

Hopefully that price is added onto the judgement, but if not its less than 10% so im not fussed
Click to expand...

your judgment is likely to order an "immediate" settlement. When we receive judgments we write to the debtors and tell them we've received it and give them 7 days to settle or we take more enforcement action.

Getting a judgment enforced isn't too complex, if it were me I'd use a High Court Enforcement Officer - I can recommend one if you like. You'll have to pay a fee to kick it off, then the charges are generally added to the amount owed. You might have to pay an abortive fee if they're not successful.
 
noj said:
your judgment is likely to order an "immediate" settlement. When we receive judgments we write to the debtors and tell them we've received it and give them 7 days to settle or we take more enforcement action.

Getting a judgment enforced isn't too complex, if it were me I'd use a High Court Enforcement Officer - I can recommend one if you like. You'll have to pay a fee to kick it off, then the charges are generally added to the amount owed. You might have to pay an abortive fee if they're not successful.
Click to expand...

Hi

Yea its for Immediate Payment.

I think i will wait 7 days to see if anything happens, if nowt does i will use the High court process.

As far as i can see its a £70* fee to start it off and they add any further fee's to the final bill the defendants have to pay.
Will the Enforcement officers allow myself to tag along at the same time they enforce a writ? As the traders are on a farm which is gated and you need to ask the Farm owner to allow you access or have an appointment to view a car set up. I don't think they would take to kindly to opening the gate to some enforcement officers... but to a potential Customer is a different matter.
 
You must log in or register to reply here.
Back
Top Bottom