Updated: Feb 9
You may have seen the TV shows, such as “Can’t Pay, We’ll Take It Away” and “The Sheriffs are Coming” and wondered how the creditors got a piece of paper which compelled their debtor to pay the debt.
For anyone thinking this is a really technical procedure, we have good news! It can be as simple as signing up for Money Claim Online (MCOL).
This service is actually a big success story for the UK Government (it needs a few of these at the time of writing this blog), and for online service delivery in the legal world. Millions of claims have been entered on the system since it started back in 2002. You may already have an account, or if you don’t then follow this link to set one up (see https://bit.ly/1gilIIe ). We will be answering questions in the future about how to get the most from MCOL. For those readers who want to jump straight in here a link to the Claimant User Guide for the service (see https://bitly.is/ICCSmb).
But for those of you who have used MCOL and have entered judgment against your defendant, that person is now technically a “judgment debtor” but we will just refer to him/her/it as a “debtor”. Once you get to the judgment stage, which you will have requested and the MCOL system will confirm judgment has been entered, the next step is to get the judgment paid and there are 3 outcomes you can really expect at this stage. These are:
The debtor pays you the amount of your judgment in full
The debtor makes you an offer which you accept, and time will tell if the debtor is sincere in wanting to pay
The debtor doesn’t pay you – and you are left with a judgment or a promise to pay – which needs to be enforced by YOU – not the Court
If 3) is where you’re at, firstly you are not alone. Thousands of judgments don’t get paid until the creditor compels payment through the enforcement process. Compelling payment is what High Court Enforcement Officers, and particularly enforcement agents of Shergroup are good at, so if you are this stage we can help you compel payment using the court enforcement system. In fact, this post is written with YOU in mind!
High Court Enforcement Officers (HCEOs) can enforce all CCJs over £600 in value unless they related to consumer regulated agreements (which is things like store cards and car finance) in which case you can’t use an HCEO or a Writ of Control. But if you fall into this category don’t worry we have a service for this type of judgment so still contact us and we will give you the alternative!
Assuming you have a qualifying CCJ which is more than £600 in value and are waiting to be paid, then this post is most definitely going to help you.
So, first things first, we have to get the judgment out of the MCOL system as there is no automatic transfer of the CCJ into a High Court Writ. So please go into your account, find the judgment information page, and PRINT OFF the CCJ so you have all the information on one side of A4 or save a copy of the judgment to your device as a PDF. A copy of a judgment from the MCOL system accompanies this post so you can make sure you know what we are all looking at. Have a look and make sure you have something similar on Form N30 on your screen ready to print off or save to your device.
Once you have the CCJ in paper form or as a PDF on your device, (and as you just used an online system we are presuming you are just a little bit computer savvy), pick the next option to get the CCJ to the Shergroup TEAM who offer a no-obligation FREE review:
1) Send us the PDF of the N30 by email to our dedicated judgment processing centre at MCOL@shergroup.com
2) If you have a paper version of the N30 lay the paperwork on a flat surface and click a photo of the page – hopefully in focus – and send it to us at MCOL@shergroup.com
3) If those two options don’t work call us on 0845 890 9200 and talk to one of our Business Solutions Advisors and they will have a chat about the best way to get your N30 form to us for a FREE review
Once we receive your CCJ we will do a couple of preliminary checks to make sure you’re not wasting your time in trying to enforce the judgment. We will for example make sure your debtor is still solvent by carrying out searches against either a company, business name, or individual name. There is no point enforcing a judgment against a debtor insolvent. If you find yourself in this situation we can put you in touch with our Creditor Services team who can help you.
Once we have completed our searches we will give you a call to chat through what we think we can do for you and outline the low cost of enforcing the judgment using our expertise.
We charge a flat fee of £156.00 for litigants in person. Businesses are offered reduced fees once they have been credit checked.
So, send us any N30 you want us to look at including those that have been with county court bailiffs, or other HCEOs – up to 6 years old. If you have something older than 6 years we will take a look at it and advise whether it's worth pursuing an application to the Court to allow enforcement to continue.
We are here to help anyone through the MCOL system and give them better options for enforcement.