Hi All

I will not bore you all with the details of my case, lets just say that this forum and advice from certain members have been like "Saving Grace" to me and I feel indebted.

I have been granted a "Stay of Execution" for a recent enforced writ to the value of £5,119.15.

pending court hearing, which I provided an affidavit with my monthly proposal.

Firstly, I would like to ask what to expect from this hearing?

Secondly, I have listed a breakdown of fees and wondered if the "more experienced" on these matters would kindly advise whether they feel I am being ripped off.

The fee's for visiting to post the N55 seizure notice are as follows:-

Judgement Debt £3,750.

Judgement costs £100

Execution costs £60

[email protected]% £41.35@ £0.84 per day from 25-02-2014

Sheriff fees £973.16

VAT £194.63

TOTAL £5,119.14

doesn't seem right to me

Any further advise most appreciated

Momummission

Hi All

 

I will not bore you all with the details of my case, lets just say that this forum and advice from certain members have been like "Saving Grace" to me and I feel indebted.

 

I have been granted a "Stay of Execution" for a recent enforced writ to the value of £5,119.15.

pending court hearing, which I provided an affidavit with my monthly proposal. .

Firstly, I would like to ask what to expect from this hearing? You have an interim stay pending an application to a variation order and are awaiting a hearing date...their are several scenario's as to what while happen at the hering but if you can tell me

 

Secondly, I have listed a breakdown of fees and wondered if the "more experienced" on these matters would kindly advise whether they feel I am being ripped off.

 

The fee's for visiting to post the N55 seizure notice are as follows:-

Judgement Debt £3,750. ok

Judgement costs £100 ok

Execution costs £60 ok

[email protected]% £41.35@ £0.84 per day from 25-02-2014 ok

Sheriff fees £973.16 see below

VAT £194.63

TOTAL £5,119.14

doesn't seem right to me

 

Any further advise most appreciated

 

Momummission

You have an interim stay pending an application to a variation order and are awaiting a hearing date...as there is no 'one size fits all' with these hearings I would only be able to guess the answer to your question of 'what to expect from the hearing'?.....if you can tell me what grounds you used to make the stay application I might be able to give a more definate answer.

You will need a breakdown of the £973.16.......... any fees charged under the High Court Enforcement Officers Schedule 3 Regulation 13 part C General Fees 12 Miscellenous, can be challenged by way of a detailed fee assessment if you have good reason to do so, until you see what work the fee's represent it will be yet another bit of guesswork if I were to comment.

You detail the fee's to be' Sheriff Fees' so unless you are in Scotland, I will presume the HCEO to be the Sheriffs Office based in Croydon...if my presumption is correct please email Chris Badger [email protected] you will find him most helpful.

Hi Wonkey Donkey,

I have read many of your posts and gleamed a lot from them, So many thanks for sharing your expert knowledge on these forums.

I was granted the stay of execution pending a hearing on a few grounds. 1. I have no means of paying ie. no assets only my monthly salary.

2. I have submitted a variation order to original county court

3. They where trying to levy on goods that were not mine. The car which I have since sent copy of V5 to Sherriffs office with covering letter.

4. I provided an affidavit with proposed monthly repayment.

Yes the Sherriff's office is based in Croyden. This Chris Badger, does he actually work at the office in Croyden? if he does, is it wise to contact him regarding this writ?

Can you send me your link on the letter I send requesting a break down of fees that they have charged me.

Thank you so much

Momummision.

If the creditor is aware of the forthcoming hearing they have the option to attend, if they do attend they will be asked if your offer is acceptable to them, if they refuse they will have to give a good reason. If they don't attend, it will be for the Judge to take everything into consideration and by that I mean he/she has several options to go with of the below are but two.

They can accept your offer and the stay will remain in place until the debt is satisfied which means should you default by way of missed or late payment it will be automatically lifted and enforcement will recommence without further notice.

They can accept your offer with a provision the claimant can seek a review and variation in x months time.

.

Chris Badger can handle your request for a further breakdown to the fees and sort out the car issues. It would indeed be wise to contact him, it could save you a lot of time/stress and offer clarity to their position before your hearing comes into play. There is nothing to lose and much to be gained by getting in touch with him.

Hi

The court case for the stay of execution was on Friday. The judge has granted the stay of execution. This should be good news, however, I have shot my self in the foot , in my panic when I was presented with the N55 three weeks ago, I applied for a stay of execution and provided affidavit to commit to £300 per month. At the time I knew this would stretch us but was willing to offer it to get them off our backs. The claimant had proposed £100 per month, when they heard we had offered £300 they snapped our hands off. The judge going off the affidavit granted stay on £300 a month. It wasnt negotiable and I could of kicked myself as I should not of acted in haste. The thing is, although the debt would get payed quicker at this amount a month its going to kill me over 16months. My question to the experts, Can I do anything about this? Can I pay a few months and then apply to the courts and explain its causing hardship? where do I stand with a variation order?

Thanks

Any advise most appreciated.

Momumission

If you are going to be stretched to meet the £300 you can contact the SO, tell them that is the case and ask they speak with the creditor to reduce the amount agreed previously. Should that fall on deaf ears you can indeed apply for another variation order if you can show by way of a financial statement your income cannot sustain the £300 a month.

Whatever you decide to do you MUST, in the interim period, continue to pay the agreed amount without fail, if you should miss a payment or not meet the full amount by the set date, enforcement will then resume without further notice.

Hi Wonkey Donkey,

Thanks for your reply. If I go back to the original court that hold the CCJ and apply for a variation order and say I am granted this for a lesser amount will that cancel out the stay of execution of £300 a month? As I am paying this amount at the moment, but if the variation order comes into play for £150 then that means I can then reduce payments and enforcement will not take place?

Thanks

momumission

When you apply for the 'new' variation order you can ask (for peace of mind) the stay be upheld to the 'new' payment regime, but once the variation order is agreed and you commence making the new payment there can be no further enforcement anyway, unless of course you miss a payment or do not meet the full amount agreed by the due date.

Hi Wonkey Donkey,

I know this message was some months ago, however, it is still ongoing. I have took your advise and contacted the SO and the claimant to try to arrange lesser amounts this is still being discussed. I just wanted to ask as I notice that they are applying interest of 77P a day to this debt, can this be stopped? also the sheriff fees are over £1000 to this debt and so far all they did was serve a letter (Section 55) can this be disputed?

Kind Regards

Momumission

 

I know this message was some months ago, however, it is still ongoing. I have took your advise and contacted the SO and the claimant to try to arrange lesser amounts this is still being discussed. I just wanted to ask as I notice that they are applying interest of 77P a day to this debt, can this be stopped? also the sheriff fees are over £1000 to this debt and so far all they did was serve a letter (Section 55) can this be disputed?

 

Have you not applied to the Court for a Variation = there are no guarantees of anything if you are speaking to the Enforcement Co or Claimant.

Hi ploddertom

I am applying for a variation on Monday as I have missed the courts today. I have been negotiating with the claimant to reconsider the lesser offer. I have no assets at the property, the car she was eagerly after she now knows does not belong to me its a tuskers vehicle through the NHS. The most she can do is enforce the writ for what?

What I do not have she cannot take!!! In the property the most she can take is a few worthless pictures and an old TV is that worth the effort??? The only way she will get the money is through my monthly income.

My husband and I are separated, this debt is solely in my name. I have moved out of the property and and currently living with family. I now have other financial commitments. I get paid monthly, I pay all my income out to debt & bills and live on a peasly £25 a week if I am lucky. That doesnt even cover food, petrol, toiletries and clothes.

I have come to the stage if they cannot accept the offer through court then let them levy on a few worthless goods. incidently, if they do enforce the writ and gain entrance to take away a few old pictures and an old TV is that the end of it or are they within there rights to keep terrorising our lives ???

Any help would be most appreciated

Thanks

Momumission

You do not allow them entry to your home, and move anything of value that may be outside. If there are no goods available for them to seize then all they can do is refer the Writ back to your Claimant. In turn they could decide on another course of action or employ another HCEO.

Providing your Variation application shows you have little disposable income then there is not a lot much they can do bar accept what is on offer.

Hi Ploddertom,

Thank you for your advise, amazingly they have accepted my offer of £150 a month so I do not need to apply for a variation order, as I have received a confirmation letter from the Sheriffs office.

Just another question, they are adding interest on this outstanding amount of 0.77P a day. Is there anyway I can stop this from acrueing more debt?

Thanks

Momumission

Excellent news !!!

Well done WD. I do not know the answer to your query regarding the interest charge. Hopefully WD will take a look later on.