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Claim Dismissed! Expenses granted - Company not paying - what should i do?
Sidney1901
post Tue, 26 Mar 2019 - 11:10
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Hi Everyone,

firstly thanks to everyone on this forum. I recently had a case dismissed in court between me and a Major Private Parking firm in court. Judge was not happy with their case and they didnt turn up - so claim was dismissed. Court awarded me just over £100 in expenses (lost earnings, travel etc).

The deadline has now passed of this court order. No reply from the Solicitor nor no money received.

Should i follow up and enforce the order?

Part of me really wants to as these guys are bullies and need to be told they can't push everyone around with no consequence.

However on the other hand it will cost me more money which i may not get back.

Advice welcome!

thanks!

Sidney1901
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post Tue, 26 Mar 2019 - 11:10
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Redivi
post Tue, 26 Mar 2019 - 12:30
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First step is to send the company a Final Demand along with a copy of the Order via its solicitor

Don't be surprised if it replies that it hasn't received a copy from the Court

My personal preference, if there is still no payment, is to apply for a Third Party Debt Order against the company

This is an order that requires a person or business that owes money to the company to pay you instead
The obvious target is its bank account
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teccom
post Wed, 27 Mar 2019 - 10:10
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QUOTE (Sidney1901 @ Tue, 26 Mar 2019 - 11:10) *
Hi Everyone,

firstly thanks to everyone on this forum. I recently had a case dismissed in court between me and a Major Private Parking firm in court. Judge was not happy with their case and they didnt turn up - so claim was dismissed. Court awarded me just over £100 in expenses (lost earnings, travel etc).

The deadline has now passed of this court order. No reply from the Solicitor nor no money received.

Should i follow up and enforce the order?

Part of me really wants to as these guys are bullies and need to be told they can't push everyone around with no consequence.

However on the other hand it will cost me more money which i may not get back.

Advice welcome!

thanks!

Sidney1901


Be interested to see how this plays out, as I know from personal use, the civil service bailiffs are beyond crap.

I actually use the high court writ route and the Sheriffs you see on the telly, BUT the debt has to be £600 from memory.

Sadly I had a high court (HC) writ against a company following an MCOL court hearing win, the Judge failed to add the MCOL/hearing fees at total £520, but the court took AGESSSS to address the missing fees in fact judgement (win in court) was early August, variation order for the missing fees (judges mistake) was only made in November!

What occurred as a result of the courts slowwwww response was the High Court writ, excercised with the sheriffs only managed to get the original order amount.

Then I was informed the of the HC amount minimum (£600), and also told it may be not be able to be exercised again due to it being the same case number!

My take is this, if the company doesn't care if they have County Court judgements, i.e. the don't have many "suppliers", then frankly without the HC option you have little chance to recover anything.

What is the name of the LTD company, I will check to see if they already have any outstanding judgements for you, if they haven't then there is a good chance you might get your money!


QUOTE (Redivi @ Tue, 26 Mar 2019 - 12:30) *
First step is to send the company a Final Demand along with a copy of the Order via its solicitor

Don't be surprised if it replies that it hasn't received a copy from the Court

My personal preference, if there is still no payment, is to apply for a Third Party Debt Order against the company

This is an order that requires a person or business that owes money to the company to pay you instead
The obvious target is its bank account


Third Party Debt Order Procedure:
1. Obtain a County Court Judgment (CCJ)
2. Complete Court form N349 and send the application to Court with a Court fee of £110.00. Note - It may be essential to serve the Order on a particular date when you believe funds will be available. If that is the case, ensure you notify the Court that you wish to serve the Order yourself.
3. Court will issue an Interim Order with a hearing date.
4. Serve the Order on the Third Party. Once served, file a certificate of service with the Court.
5. The Third Party will write to you disclosing the amount available/frozen. If it is a bank, they will also disclose any other bank accounts the debtor may have. Send this correspondence to the Court.
6. Prepare for and attend the hearing listed at Court.
7. Obtain the Final Order and serve on the third party (if not done so by the Court) and await for the funds to be sent to you.

"The problem with a Third Party Debt Order is that it can be a gamble. If the debtor's bank account is held jointly with another person that does not owe you money, your application will be rejected. Even if the bank account is in the debtor's sole name, the order will be ineffective if the account is not in credit on the date you serve the order.

Likewise, if the sums held by the third party, other than a bank or building society, are not due to your debtor on the date you serve the order, the order will also be ineffective. For example, if the invoices issued by your debtor to a third party are still within the credit period and not payable yet, the sums will not be frozen and paid to you. A Third Party Debt Order will not accelerate the time for payment because a Judgment creditor cannot, by means of a Third Party Debt Order, stand in a better position than the Judgment debtor did with the third party.

In light of the above, the date you serve the Third Party Debt Order will be crucial to increasing your chances of success."

FYI - link and credit here:-
https://www.lovetts.co.uk/blog/debt-recover...arty-debt-order
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bearclaw
post Thu, 28 Mar 2019 - 14:51
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Which parking company?

If it's ParkingEye someones just posted up a cheque from them - along with the acc number and sort code. All you need to file a third party debt order smile.gif
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Redivi
post Thu, 28 Mar 2019 - 15:24
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My understanding is that, before you apply for the Order, you're supposed to give the company (via its solicitor) one last chance to pay

This has a couple of advantages :

It prevents the company applying for the TPDO to be set aside on the grounds that it didn't know about the judgment
If the solicitor fails to deal with the matter promptly, it will have to explain to a very unhappy client why a bank account has been frozen
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