Glossary

Resolving disputes outside of traditional court litigation. These methods are generally less formal, less expensive, and faster than going to trial.

Here’s a breakdown:

• • Core Idea: ADR offers ways to solve conflicts by agreement, rather than through a judge or jury’s decision.
  • Common Types:
    • Mediation: A neutral third party (the mediator) helps the disputing parties reach a mutually agreeable solution. The mediator doesn’t make a decision but facilitates discussion.
    • Arbitration: A neutral third party (the arbitrator) hears evidence and arguments from both sides and then makes a binding or non-binding decision. It’s more formal than mediation.
    • Negotiation: Direct communication between the parties involved to reach a resolution. No third party is involved.
  • Benefits:
    • Cost-effective
    • Faster resolution
    • More flexible and less formal procedures
    • Confidentiality
    • Potential for more creative solutions

A County Court Bailiff is an official responsible for enforcing court orders, such as warrants of possession and warrants of control, within a specific county court district. They are authorized to seize and sell a debtor’s assets to recover money owed, as directed by the court.

Here’s a detailed breakdown:

• Role: County Court Bailiffs execute court orders, primarily to recover debts or repossess property.
• Authority: They operate under the authority of the county court and are legally empowered to take control of goods and property.
• Enforcement: Their duties include:
  • Serving court documents.
  • Enforcing warrants for possession of property.
  • Seizing goods to satisfy debts.
  • Collecting payments as per court orders.

County Court Bailiffs differ from High Court Enforcement Officers (HCEOs), who enforce High Court judgments, and Certificated Enforcement Agents (CEAs), who typically handle debt recovery for private companies.

A money County Court Judgment (CCJ) is a court order issued in England, Wales, and Northern Ireland when someone fails to repay money they owe . It legally confirms the debt and requires the debtor to pay the owed amount .

Key aspects of a money CCJ:
Definition: It’s a judgment specifically for monetary sums . If you’re struggling to repay debt, the person you owe money to could file a CCJ against you .
Registration: CCJs for monetary sums are recorded on the Register of Judgments, Orders, and Fines .
Impact on Credit Rating: A CCJ can negatively affect your credit rating, making it difficult to borrow money or obtain credit .
Enforcement: If the debt isn’t paid, the creditor can ask the court to take action to collect the payment . This can include sending bailiffs to collect payment .

In the context of a UK County Court Judgment (CCJ), the defendant is the person or entity *against whom* the judgment is issued, i.e., the party who is being sued and allegedly owes money or has failed to fulfill a legal obligation

Here’s a more detailed explanation:

Role: The defendant is the party who is required to respond to the claimant’s (the person bringing the claim) allegations in court.

Obligations: In a CCJ case, the defendant is typically required to:

Acknowledge the claim
File a defence if they dispute the claim
Pay the judgment amount if the court rules in favour of the claimant

Consequences: If the defendant fails to respond to the claim or loses the case, a CCJ will be issued against them. This can have negative consequences, such as a damaged credit rating b and enforcement action to recover the debt.

In simpler terms: The defendant is the person being accused of owing money or breaking a contract in the court case.

Enforcement of a County Court Judgment (CCJ) refers to the legal process of recovering the money owed to you after you’ve won a court case and obtained a CCJ against the debtor, but they have not paid. The court won’t automatically collect the debt for you; you need to take further action to enforce the judgment.

Here’s a breakdown of what CCJ enforcement entails:

Warrant of Control: Authorises court enforcement agents (bailiffs) to seize and sell the debtor’s goods to pay the debt.

Attachment of Earnings Order: Instructs the debtor’s employer to deduct money from their wages and pay it to you until the debt is settled.

Third-Party Debt Order: Freezes the debtor’s bank account or any money owed to them by a third party, and the funds are used to pay the debt.

Charging Order: Secures the debt against the debtor’s assets, such as property or land, preventing them from selling the asset without paying you.

Bankruptcy: If the debt is £5,000 or more, you can apply to make the defendant bankrupt .

Considerations: Before choosing an enforcement method, consider:

Whether the defendant is likely to be able to pay

If the defendant owes money to other people

What assets the defendant has

Whether the defendant is employed

Fees: You have to pay a fee for each enforcement action you take. These fees can be added to the debt owed by the defendant, but are not refundable if the enforcement method is unsuccessful.

Time Limit: Enforcement must begin within 6 years of the judgment.

High Court Enforcement: For CCJs over £600, you can transfer the judgment to the High Court for enforcement by High Court Enforcement Officers.