Ask an UK Law Question, Get an Answer ASAP!
We had a customer who we had refunded,who took out a claim form that was posted to us on the day we issued the refund. Meaning that the court fees were still required to be paid (a sum of £25) in order for the CCJ to be paid. However the customer is refusing to accept the £25, they will not provide bank details, and fail to cash any cheques we send them.
Consequently, we are unable to have this CCJ removed off the records, despite it being paid.
Why ishe refusing to accept the court fee, purely to keep the judgement in place? Doyou have his bank details? Do you have proof of the cheques that you sent him?
Is herefusing or ignoring? There is a big difference.
Howdid he pay for the goods?
Haveyou threatened an application to court and an application for costs unless heaccepts this money?
He is refusing to accept the court fee purely to keep the judgement there. He has refused to provide us with bank details. We have sent him two cheques since, but he hasn't cashed them. This seems more of a refusal than someone ignoring us.
He paid for the goods via card, and we refunded him to his card. However we are unable to add additional funds to that transaction, and cannot reuse or have access to his card details in order to reimburse him that way either.
We have sent him an email and he said he would rather go to court.
Inthat case, I would give him what he wants and take him to court.
Clearly,he is an obnoxious piece of...
Applyon court form N244. The fee £175 which you will get back if you win.
If itgoes to court, there is a further hearing fee of £200 which will also get backif you win.
If youinstruct solicitors, you will also get the solicitor's costs back if you win,unless the judge decides that it is small claims matter when you will not getthe solicitor's costs back and you will have to take those on the chin.
The orderyou are asking is an order that defendant accepts the sum of £25 being thecourt costs in respect of the court application dated X and which were paid tothe defendant on the same date as the court application X, and that the defendantinstructs the credit reference agency to remove any reference to any CountyCourt judgement forthwith.
Attacha witness statement to it, explaining all the facts.
If youhave anything in writing from him telling him that he will not except the moneybecause he wants the judgement to stay there and he would rather go to court,attach it to the witness statement and refer to it in it.
Thematter will then be adjudicated by the judge and costs awarded against him ifyou get the order.
Atthis stage, my suggestion would be to get a solicitor to write threatening theapplication to court and the application for costs, putting down the costs indetail. It may focus is mind but sometimes idiots and obnoxious people have nologic.
Iassume that he did give you warning that if you did not refund him he wouldissue proceedings and that the issue of proceedings was not premature. If itwas, I would raise that issue also with regard to the issue of costs the £25costs
Doesthat answer the question? Can I help further? Can I answer any specific points?
Please don't forget topositively rate my answer service even if it was not what you wanted to hear. Youshould now see a series of buttons which enable you to rate my answer serviceformally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask. The thread does remain open for me to answer follow-up questions after ratingmy answer service.
I amoff-line shortly but will pick this up later because I am on and off-line eachday and weekend so please bear with me.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).