Ive had a judgment against myself set a side. The claimant did not attend the hearing. At the hearing the judge ordered the following:
- For the avoidance of doubt the payment made by the Defendant persuant to the High Court Enforcement procedure is now repayable to the Defendant by the Claimant.
Since receiving the order at the beginning of August, Gladstones the claimants representatives have stated on numerous occasions they are about to pay me imminently and failed to deliver. They are now saying on Tuesday the Claimant will produce evidence that they reversed the card charge on 14/08/18 and the funds hit my account on 20/08/18. No such reversal has taken place my bank HSBC have confirmed and I can produce statements to prove this.
The advice I am getting is I should get a writ of control and instruct a high court enforcement officer against the Claimant. Is there anything I need to be aware of if I were to do this? I would want to ensure I instruct a HCEO that is not on friendly terms with the Claimant or DCBL and be prepared for all eventualities. Maybe this so called evidence they are going to produce is to try and delay payment for as long as possible.
UKCPM/DCBL not complying with court order
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Syd Snitkin
- The Watcher
- Posts: 171
- Joined: 28 Apr 2014 09:43
- Location: In your loft, waiting
Re: UKCPM/DCBL not complying with court order
Did the judgement give a date or timescale for the repayment? If not, you would need to send a letter before action before making a claim giving a timescale.
DCBL wouldn't be paying you back - Gladstone's are the claimant, so any action you take wouldn't need to take into account who is 'friendly' with who, but I think I'm right in saying that every other bailiff company hate DCBL.
DCBL wouldn't be paying you back - Gladstone's are the claimant, so any action you take wouldn't need to take into account who is 'friendly' with who, but I think I'm right in saying that every other bailiff company hate DCBL.
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere
Re: UKCPM/DCBL not complying with court order
The judgment does not give a date or timescale only... 'now' as per my last post.
The legal advice I obtained recently was once I had the judgment I could arrange for a HCEO to obtain the funds without notify the Claimant. The HCEO would send them a letter of enforcement then 7 days letter be entitled to pay them a visit. I have verbally notified Gladstones that I will be instructing a HCEO on Tuesday if the funds are not in my account by then, is that sufficient? I have the recording and told them it was recorded.
The legal advice I obtained recently was once I had the judgment I could arrange for a HCEO to obtain the funds without notify the Claimant. The HCEO would send them a letter of enforcement then 7 days letter be entitled to pay them a visit. I have verbally notified Gladstones that I will be instructing a HCEO on Tuesday if the funds are not in my account by then, is that sufficient? I have the recording and told them it was recorded.