As this recent
shows, you are not alone in finding it difficult to get your award paid to you.|
It is important to show determination. This is similar to a game of poker whereby you must show the respondent that you are deadly serious (even if you are not and have no intention of going through the whole onerous county court process)
If you can make a show of being determined to see through your claim to the bitter end, you will often convince the respondent to pay out. So no matter what your real intentions are, it would be very sad to be defeated without making at least one last try at getting your money.
There are however a not insubstantial number of respondents who will remain determined not to pay out until the process of enforcement has gone quite a long way down the line.
Hopefully you are one of those people who will nevertheless go the whole hog after first having tried to reason with the respondent.
Some debtors (which is what they are once they have failed to pay you within the 42 day time limit before interest starts to be added on to the awarded amount) will even then try and avoid paying out until the bailiff is towing the luxury yacht off to auction in order to pay off the debt.
As with your tribunal case you will need to reckon with some expense and a lot of work in contacting the defendant. You will be attempting to get him to see reason, getting the court orders such as the ccj and applying for enforcement using bailiffs.
How To Start:
- Get in contact with the respondent and politely ask for the money. This is one step that claimants often don't consider. It is a mistake not to try contacting the respondent. After all that has happened you might be surprised to learn that you have just have got overlooked in the system. A polite reminder that you are owed money might be all that is needed for the cheque to appear in the post within the week.
- If the money doesn't appear in the post then maybe gently up the pressure with a letter reminding your employer of his promise to pay and another phone call to back it up.
- Try another couple of times by phone and letter, giving the impression that you will not rest until the money is banked (of course always acting reasonably and avoiding threats other than that of using the courts and explaining that resisting payment will cost the respondent much more in the end)
- Your last letter should give the employer 7 days to pay or you will regretfully have to start proceedings without further notice to recover your money. Head it 'Letter Before Action'. Remind the respondent that you will add your reasonable costs incurred to the final bill, including that for your time spent on such things as writing, phoning and arranging the court documents.
Explain to the respondent that even though he will pay in the end he will have incurred much extra expense and trouble, and that a CCJ could affect his reputation, his future ability to trade and get credit or even lead into bankruptcy (admittedly not a deterrent for some)
- Register the claim using form N322A. Unless you are on benefits you will have to pay at each stage of the court process. You will be able to claim this back from the debtor.
The application for a fee remission and other relevant forms for your case later on
The fees applicable in the county court can be found
- You will need to send the application to the court where the respondent does his business. To avoid having your forms returned the best way is to do a post code search using the court finder on the hmcs website for the right court. Ring them to make sure you have the right address.
advice from the hmcs
is a good place to start your enforcement claim
The form to register your judgement with the county court can be found