LandlordZONE

22

Dec, 2014

Monday

Page 1 of 2 12 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default Registering a judgment - CCJ

    Can someone tell me how you go about getting a judgment registered against someone? What are the criteria - that they haven't coughed up? That they are late coughing up? Is there a delay in how long you have to wait before you can apply for it to be registered?
    Information gratefully received, thanks.

  2. #2
    Join Date
    Jan 2005
    Location
    Doncaster
    Posts
    1,563

    Default

    You issue a county court summons using claim form N1 available online at www.courtservice.gov.uk

    The court sends it to the defendant who has up to 28 days to file a defence - if they do nothing you can ask for judgment in default. If they file a defence, then there is a trial (hearing) of the issues and a judge makes a decision.

    Fees are payable throughout for issue of the summons, and subsequent enforcement

  3. #3
    Join Date
    May 2006
    Location
    Bury, Manchester
    Posts
    152

    Default

    You need to complete court form N1 and also send a particulars of claim which states your claim. The defendant has 28 days from when the court serve the papers on them to either admit or defend the claim.

    If they admit the claim they will generally offer to pay by installments which you can either agree or disagree to. If they the defend the claim it will generally be allocated to a small claims track if your claim is for less than £5000 and a judge will then decide if you have a valid claim. If they ignore the papers and do nothing you can ask the court to enter judgement by default.

  4. #4
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Maybe I haven't quite worded this right, I'm after information on the REGISTERED bit. The court case has happened, judgment has been given, defendant has been ordered to pay.
    1. Is there anything specific you need to do to register that a judgment was made against the defendant or does it just go on their record automatically, or

    2. do they have to do something ELSE naughty like not pay before the judgment can be registered, and

    3. if that's the case does the claimant have to do something to get it registered or does it happen automatically?

    Scenario one: defendant pays by installments and pays on time, albeit at a silly amount which won't be paid off for years. Does the fact that there is still an amount outstanding against him mean that he has a CCJ?
    Scenario two: defendant doesn't pay up on time so there is an arrears on the debt. Does the claimant have to do something specific to get the debt registered? Is there a time limit where defendant has some leeway to pay up before claimant can apply for judgment to be registered?
    Scenario three: defendant pays amount in full, does the fact that they had a judgment against them get registered?

  5. #5
    Join Date
    Feb 2005
    Location
    London
    Posts
    3,583

    Question Clarity is required

    Excuse me, please will you clarify what your case consisted of:
    1. Was it to seek possession of your property and the judge happened to put on record that the defendant was ordered to pay outstanding rent? OR
    2. Was it to seek payment of debts?

    I think this distinction is important for someone to provide an answer.

    If I am barking up the wrong tree please correct me.

  6. #6
    Join Date
    Jan 2005
    Location
    Doncaster
    Posts
    1,563

    Default

    The judgment is automatically registered against the person at the address on the original summons. If they move, it does not get re-registered at a new address but will be revealed by a credit bureau search for the next six years after which it "disappears" off the the credit bureau records. If the debtor pays the judgment within 28 days in full, they obtain a certificate of satisfaction from the court and the judgment is removed completely from both the court records and the credit bureau. If they pay after 28 days, even if its in full, it can still be marked satisfied, but will remain for six years on records and credit bureau searches.

    If the order was for instalments, then if they fail to pay, you will have top pay a further fee to enforce either using bailiffs/attachment of bank funds or earnings, or placing a charging order on their property if they own it.

    If the debt is in conjunction with a possesion order - you have to enforce by a warrant of possession which attracts a further fee in order to remove them by force if they outstay the leaving date.

    It is possible to avoid getting blacklisted by a county court judgment if you move houses and do not apply for credit for three years after which most credit applications do not demand your previous address. Also, creditors are expected to complete any enforcement within 6 years of the date of judgment and have to apply for leave to enforce outside of this time. Effectively, the maximum amount of time a debtor can be blacklisted in respect of an ordinary judgment is six years but that is extended to 12 years for debts "under seal" which effectively is house or land purchases with lenders who do not subscribe to the voluntary six year claim "rule" agreed with the council of mortgage lenders. In principle, a county court judgment which is unpaid is demandable forever - in practice it is limited by the debtor's means and the time limit above - its no good getting an order of £1 per week on a £3000 debt which will take 57 years to pay off.

    Out of curiosity though, has anyone on here been sued and been given an "easy peasy" arrangement more than 12 years ago which they are still paying or are having paid to them (except for mortgage arrears)?????

  7. #7
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Quote Originally Posted by Poppy View Post
    Excuse me, please will you clarify what your case consisted of:
    1. Was it to seek possession of your property and the judge happened to put on record that the defendant was ordered to pay outstanding rent? OR
    2. Was it to seek debts?

    I think this distinction is important for someone to provide an answer.

    If I am barking up the wrong tree please correct me.
    I don't see that this distinction is important as the key point is that an order is made by a judge that a defendant should pay money to the claimant and the defendant then doesn't do so. I can't see that HOW the judgment is arrived at would make any difference, just the actions of the person who now owes the money.

    How would it make a difference?
    IS there a difference between a judgment for money made in possession proceedings or any other small claim/fast track/multitrack claim?

  8. #8
    Join Date
    Feb 2005
    Location
    London
    Posts
    3,583

    Default

    Sorry about my apparently silly question.

    If you are aware that the judge made an order for the defendant to pay and you don't think my question has any bearing, then why was your first question "Can someone tell me how you go about getting a judgment registered against someone?"

  9. #9
    Join Date
    Sep 2006
    Location
    Surrey
    Posts
    747

    Default

    Quote Originally Posted by davidjohnbutton View Post
    Out of curiosity though, has anyone on here been sued and been given an "easy peasy" arrangement more than 12 years ago which they are still paying or are having paid to them (except for mortgage arrears)?????
    Not quite what you're after, but what about a debt of more than £5,000 payable at £50 a month through attachment of earnings? Interest on the sum is about £35/month if you use the court's standard calculation. I would at the very least like the lovely person to have a black mark on their name, seeing as I am unlikely to see the whole sum any time soon.

    Oh, and thanks for the very thorough answer, this is just what I was after. Do you know where this is detailed in the CPR or court rules or something similar? Would like to be able to refer to the source. Thanks.

  10. #10
    Join Date
    Jan 2005
    Location
    Doncaster
    Posts
    1,563

    Default

    http://www.dca.gov.uk/civil/procrule...enus/rules.htm here y' go - aint got time to trawl through that lot though!!!!

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •