I Wonder if anyone can help.

I have a debt that although I still dispute was incorrect they were able to get a CCJ.

The dept was for approx £2000.

After a visit last year from a high court officer I set up a payment plan of £60 a month which I have been paying for the last 9 months or so.

I have been paying the middle of the month as I understood the payment was due the 26th of each month.

We went to visit a friend for 8 days in Barcelona

got a call from the person looking after our pet that our car was clamped on the drive by a person who I assume acts from Elliot Davies the people I pay each month.

I called from Spain and he said he knew I was away in Spain as he had asked the neighbours.

Apparently he said the payment was due the 3rd of the month so I am in arrears the £60 for this months payment.

Of course I have no issue paying the £60 as I was going to do it on Monday as I landed today but he said on the phone that there is no chance and he wants £1000 immediately and drastically increased payments to release the car.

We left on Holiday the 15th he initially visited the 18th knew we were away then visited the 20th and clamped the car.

The paperwork says this

Debt £2338.22 (£542.10) received

Interest £165

Compliance fee £90

Enforcement Stage fee £1288.72

Total £3339.95

One letter says or pay outstanding amount of £2745.95

I emailed their office from Spain to try and get none threatening clarification (as the bailiff was very sure of himself...)

but I only found out late friday so their office was shut.

I need to call tomorrow, is there any advice of my rights or what I need to do

Hi Dominic22 and Welcome to CAG

I have moved your thread to the appropriate forum..please continue to post here.

Regards

Andy

Thanks Andy, Apologies for that

Did you get any paperwork from the HCEO when you set your payment plan up?

Also forgot to mention - did you know Elliott Davies were taken over by Court Enforcement Services in July this year.

Yes, I am going to get the original paperwork out tomorrow to check what it says.

When I called last month to pay she mentioned setting the payments to a specific date as I had been paying different days (I assumed always early but would vary by a day or so each month) but I never had anything off them so was just going to call tomorrow and pay the £60 as normal.

I have never paid the beginning of the month always the middle onwards.

If I am late as they changed it to the 3rd (with no written notice) at worst from his visit I was late by 12 days as I was completely up to date.

No did not realise they were taken over, I certainly was never informed.

When I spoke to the bailiff he said he spoke to my Neighbours and they told him I was on holiday until today.

what was the original debt all about too please

ps please do not post personal names

dx

Would I be right to think you have been paying on or before the original agreed due date and if you continued with that schedule this months payment is not yet due,

yet they are saying they have changed the date and that has caused the alleged default?

Did you agree to a change of date for payment?

Have they refused your regular payment for October?

Have you put your arguments to them in writing?

(phone calls just don't cut it with these people and unless you record them they will deny receiving them)

I noticed you have been advised elsewhere to apply for a stay of the writ and a variation order to the payments,

You would need to submit your N244 to the nearest Court that acts as a district registry to the High Court, this best done in person

when submitting you can ask for an urgent hearing,

there is no guarantee a 'spare' Judge will be available to hear your application on the spot but you might get lucky.

Once the Court have your n244 you should inform CES you have made the application, then confirm that to them by writing/email,It is only fair to warn you that until such time as he court hearing takes place all enforcement action can continue and your car can be removed should they be of the mind set to do so.

If negotiating with CES does not resolve your problem please feel free to come back here and you will get all the help you need to take the Court route.

Please do not engage the services of the other site it could end up costing you very, very dearly as many before you have found out. I say that without malice and give it freely as a warning.

Yes, I am going to get the original paperwork out tomorrow to check what it says.

 

 

When I called last month to pay she mentioned setting the payments to a specific date as I had been paying different days (I assumed always early but would vary by a day or so each month) but I never had anything off them so was just going to call tomorrow and pay the £60 as normal.

 

I have never paid the beginning of the month always the middle onwards.

If I am late as they changed it to the 3rd (with no written notice) at worst from his visit I was late by 12 days as I was completely up to date.

 

No did not realise they were taken over, I certainly was never informed.

When I spoke to the bailiff he said he spoke to my Neighbours and they told him I was on holiday until today.

Dominic,

You can be assured of getting accurate advice on this forum but this advice is wholly dependant on having accurate background information. The following questions are important:

Was the agreement made by order of the Court or just with the Enforcement Agent who set it up?

If by the Court then dangle that to them and tell them in no uncertain terms what they can do.

If with the attending EA:

1 - do you know if he consulted with the Claimant first?

2 - as above were any goods taken under control?

3 - as already asked was any paperwork produced?

If the answers are all no then it will be in your best interests to apply for a Stay of Execution against the Writ & for a Variation Order endorsed by the Court.

Apologies for the lack of update.

I will answer the questions when back a little later

but I have found the original paperwork from the enforcement visit on 04/12/2015.

In the notes she has put.

" £60/month to start 30/1/15 (def will pay each month by this date due to pay dates)"

I had the 26th in my head to make sure I made the payment before the 30th

and also that is when I get paid so by that letter my payment is not due until the 30/10/2016

I spoke to their office and Simon the Enforcement officer

and it seems they have no paperwork as I assume they have taken over all the file after buying out Elliot Davies.

I have scanned a copy of this part in and sent it and waiting to hear.

It sounds like they amended something in September making me late for payment.

Will update when I get a call after they review the paperwork

Bit of an update, They say they are coming for the car today..... As payments have been erratic....

I paid the following dates

4/5

1/6

5/7

11//8

19/9 All for £60

He is due at 3.15

Make sure you record the call and ask them to email whatever is said over the phone.

Dominic,

 

You can be assured of getting accurate advice on this forum but this advice is wholly dependant on having accurate background information. The following questions are important:

 

You have said that the payment arrangement was set up last year and that this arrangement followed a

personal visit

. Accordingly, there would have been enforcement agents fees charged at the time of that visit. Can you let us know what charges were applied to your account at that time.

 

Did the enforcement agent come into your property...if so, did he make a list of items?

 

Did the enforcement agent make a list of items that included your motor vehicle?

 

I have many clients with High Court debts where payment arrangements have been agreed but an agreement for £60 per month on a judgment of £2338 is almost unheard of. I am assuming at the time of the visit that you either had no goods or that you were unemployed etc? Is this correct?

 

How much roughly is the vehicle worth?

 

Is the vehicle yours or your partners?

 

Is the vehicle subject to finance etc?

Dominic,

Are you able to provide a reply to the above questions (in particular, with regards to the vehicle)?

Ok. Bit of an update...... They have came and moved the clamp, was a very stressful afternoon.

I had found the paperwork and of course as stated it said that payment was not due until the 30th of the month.

Even after that Court Enforcement services stated that Elliot Davies had advised them to continue with getting the car.

I told them that they are Elliot Davies... but the girls in the office seem to ignore that point.

I had of course sent paperwork and had bank statements to prove that I had paid etc.

What it seems is that CES have very poor paperwork from Elliot Davies so they are acting blind from before May of this year so no original paperwork etc.

In the end I advised them if they wish to take the car and I would visit Burton Court tomorrow and request a hearing and let a Judge decide.

In the end they said it was there admin error...

... As I said to them I have had 3 days of wasted holiday

the embarrassment of a car clamped on the drive with a note on the screen

and a full day of trying to sort it.

It is a lesson I guess in making sure you have paperwork,

if I had not have had that original order they would have had the car and I am not sure it would ever have got sorted.

I Have made a donation tonight to the site and it was invaluable in helping me today and I very much thank eveyone

Ok. Bit of an update...... They have came and moved the clamp, was a very stressful afternoon.

 

I had found the paperwork and of course as stated it said that payment was not due until the 30th of the month.

Even after that Court Enforcement services stated that Elliot Davies had advised them to continue with getting the car.

I told them that they are Elliot Davies... but the girls in the office seem to ignore that point.

 

I had of course sent paperwork and had bank statements to prove that I had paid etc.

 

What it seems is that CES have very poor paperwork from Elliot Davies so they are acting blind from before May of this year so no original paperwork etc.

 

 

In the end I advised them if they wish to take the car and I would visit Burton Court tomorrow and request a hearing and let a Judge decide.

 

 

In the end they said it was there admin error...

... As I said to them I have had 3 days of wasted holiday

the embarrassment of a car clamped on the drive with a note on the screen

and a full day of trying to sort it.

 

It is a lesson I guess in making sure you have paperwork,

if I had not have had that original order they would have had the car and I am not sure it would ever have got sorted.

I am delighted to hear you have resolved this matter without having the extra costs of litigation (it is always better to go down the 'negotiating' route first. It is a shame it spoilt your holiday but at least you can sleep easy now. Well Done to you.

Well done on resolving this Dominic22 and many thanks for your donation...I will amend tour the thread title to reflect the outcome.

Regards

Andy

I'm pleased things are sorted for you & agree it must have been stressful & possibly embarrasing. Now that you have a date when payment must be made then you should ensure clear funds are available and best way is to pay approx 1 week before it is due making due allowance for any Bank Holidays. Remember you have had a warning of what can happen if you default.

What you must ensure however is that any charges made for the last few days have been removed. The Writ itsself is only valid for 12 months but may be renewed upon request, if not renewed then there is no compulsion to keep paying - if it is renewed then the cost will be added to what you owe. You may be surprised to find that payments you have made so far will have had little impact on the initial debt as they are entitled to retain monies for fees.

Many thanks. They stated that all enforcement fees that had been added on this episode have been taken off but I possible need to get that in writing.

Is what you are saying that the enforcement order that I had in December 2015 that I referred to today (i.e £60 pm due the 30th or before) with them is only valid until Dec 2016 then that needs to be re-done and renegotiated or does that original agreement keep rolling until the debt is paid in a couple if years

The writ they are enforcing is only valid for a year from the date of issue.To enable HCE to continue with the handling of your account the creditor should renew that writ every year until such time as the debt is satisfied.

It would be interesting to see when the writ was issued, were HCE recently acting on a current or renewed writ or were they acting without a writ?

the reference number on this paperwork seems to relate to the agreement in 2015. What happens if it is not renewed? or how do I find out if it has etc....They did mention that the client had only just agreed with the order but it was in place from 2015 and I was told that it was all agreed then.

You know I pride myself as being relatively bright but I am so glad you are all here as it is a different world that I seem to get more confused as the days go by

the reference number on this paperwork seems to relate to the agreement in 2015. What happens if it is not renewed? or how do I find out if it has etc....They did mention that the client had only just agreed with the order but it was in place from 2015 and I was told that it was all agreed then.

 

You know I pride myself as being relatively bright but I am so glad you are all here as it is a different world that I seem to get more confused as the days go by

If the writ is dated December 2015 then all is ok at this moment in time. It is in the creditors best interest to renew the writ....if you were to default on your payments and there is no writ in place all they could do would be to ask you nicely to pay up....... he would then have to start the whole enforcement process again.

HCE should inform you if the creditor has applied to renew the writ. As an aside it would pay you to ask for a breakdown of payments made to date, fees charged and balance of your account just in case you have been 'accidently overcharged' on fees, also does the CCJ make mention to the claimant being awarded interest? when they made their first visit you said they listed goods taken into control, would you care to share that list with us? we would be interested to see if they were any goods on it that were actually exempt..

It is indeed a different world where enforcement is concerned and High Court are at the top of the list when it comes to confusing people. Just thank yourself lucky to have found cag...no false info and no costs to you getting things sorted on this site.

I Have made a donation tonight to the site and it was invaluable in helping me today and I very much thank eveyone

What a stressful time for you and WELL DONE for managing to get the matter resolved !!!

Many thanks. They stated that all enforcement fees that had been added on this episode have been taken off but I possible need to get that in writing. Agree strongly with that.

 

Is what you are saying that the enforcement order that I had in December 2015 that I referred to today (i.e £60 pm due the 30th or before) with them is only valid until Dec 2016 then that needs to be re-done and renegotiated or does that original agreement keep rolling until the debt is paid in a couple if years

The renewal is done seamlessly & any payment arrangement just carries on. You can check on the renewal process by giving the Writ No to the Queens Bench Enforcement Section at the Royal Courts of Justice in London - but give it a couple of weeks after the date to allow the records to be updated.