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CCJ by default and Warrant obtained. Chances of success?

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  • CCJ by default and Warrant obtained. Chances of success?

    I issued a MCOL to my previous employer for a bonus that was not paid to me back in September 2016.


    I chased and chased this payment during my employment through my manager and payroll (the only way to contact payroll was via email) all emails were ignored.
    I have copies of all emails I sent requesting the payment at the time.

    In November 2016 I sent a final letter chasing the payment, giving 7 days before commencing action through MCOL.

    I received a default judgement as they did not respond and have now paid £77 to issue a Warrant of Control which was issued on 16th December.

    This morning I have received an email from my previous employer stating they are in receipt of my claim.


    They believe the reason for my claim is a deduction from my pay on October for 'overtaken holiday' (this is not the what I'm claiming it's for unpaid bonus)
    they have said they will contact the court to let them know I'm not entitled to the amount claimed.

    It looks as though they have not read my Particulars of Claim sent at the time of the original claim as this outlines the proof of being entitled to my bonus and numerous requests for it to be paid.

    I've checked and they have another unsatisfied CCJ for £35k from November 2016.
    Mine is only £400 plus costs of £112.
    They are actively trading and have 40+ branches accross the UK

    What are their options now?
    Can they apply to get this set aside now I have obtained a Warrant of Control?
    Should I reply to their email stating their reason to apply to set aside are incorrect, or just let them pay the £255 and send the incorrect information?
    Tags: None

  • #2
    Re: CCJ by default and Warrant obtained. Chances of success?

    What they decide to do is up to them and not for to concern yourself about until such time they do apply to have Judgment Set Aside. It will not go well with them having left it so late. I gather you have employed the County Court Bailiff to enforce the Warrant - do not be disappointed if he gets no where. For me I would have gone for an Order to freeze their Bank Account.

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    • #3
      Re: CCJ by default and Warrant obtained. Chances of success?

      Thanks for your response.

      Yes I've employed the County Court bailiff to enforce the warrant.

      How do I go about freezing the bank account? Am I able to do this alongside the Warrant of Control? I've looked for more information about this, but all I can find is applying for a Winding Up Petition, but that's only valid for debts of over £750

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      • #4
        Re: CCJ by default and Warrant obtained. Chances of success?

        Try a quick read of http://www.trustonline.org.uk/unders...cing-judgments the one you are wanting is the Third party debt order.

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        • #5
          Re: CCJ by default and Warrant obtained. Chances of success?

          Thank you 👍

          Comment


          • #6
            Re: CCJ by default and Warrant obtained. Chances of success?

            Good news. I've just been informed by the county court bailiff that my ex employer has settled the judgment in full and a cheque will be sent out next week!

            Comment

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