Firstly great site and very informative, I appreciate any help that can be given.

Firstly about the debt, South East Water have escalated a CCJ to the High court for the value of £2000. I cannot remember receiving the original CCJ but I have to presume I did.

I am self employed and own a very small shop which I lease, for the last 2 years I have been loosing money due to very low footfall. I do not own much in the business at max 2 computers a printer and a few basic tools.

The enforcement agency is Elliot Davies / Court enforcement services. I rang them after receiving the letter and was advised to provide an IN/EXP which I did clearly detailing me and my partner has less than £40 spare each month (we have 3 children). I have heard no reply from them at all (email was sent 4 days ago). On the letter it says "You must pay or agree a payment arrangement by 2nd April 2017) which is a Sunday?

I offered £20 a month as when I filled out the IN/EXP my income from self employment was approx. £300 a month but this can be lower on occasions but rarely higher. I have offered no less than 3 times to pay monthly to CES and SEW but SEW said I would have to arrange with the bailiffs. They also said in order for any Payment plan I would have to let the bailiff in first. I advised I would not do this under any circumstances.

Now onto the questions :

I have recently started making games trading under my main SE business name, the computer I have has all the files and programs to make this possible, I have one released game (not selling very well) can they take this? As it is essential to this business?

In addition I am borrowing my brothers car as ours failed, I have the proof it was sold for spares/scrap for a very low amount. The car we are borrowing was purchased just before the letter arrived and the green slip has my brothers details and the main log book should by now reflect this. We have never been on the cars history for registration. We currently insure the car as we are using it.

I did email the Bailiffs and SEW advising this is the case and attaching pictures of the logbook and our receipt for scrap of our old car. Can they take this vehicle still knowing this? We cannot park it anywhere as where we live there is nowhere to park it.

If they knock I plan to just sit back and ignore them, they do not frighten me but I worry about my brothers car being taken away and him having to sort it out. Is it illegal for them to take a car knowing it does not belong to us?

And lastly can they get a warrant to break in? We do not own much in the way of goods apart from my computer which is used for the above and a flatscreen TV

I want to clarify I know I owe the debt and I want to pay it but cannot afford this in one go and more than happy to pay them.

We are currently also paying 2 other bailiffs but they are being paid on a regular basis and one is nearly paid off.

Lastly the Notice of enfocement letter is in mine and my partners name but with my wife its in her maiden name and is Miss not Mrs, not that i think that makes a difference.

Any Advice would be really appreciated.

Also sorry in addition, We have a locked side gate and the only way they could get into our garden would be to climb over the gate or onto the wall and jump down, would this be allowed? Not that we really have anything of value in the garden. If they were to do this could I treat them as an intruder and use force to remove them due to having 3 children (youngest being 5yrs old)

If the CCJ is to your home for your domestic water they can't break in, and it would be a bad idea to let them in. keep that side gate locked and the car well away for now. If the computer is a tool of the trade and worth less than £1,350 it should be exempt.The EA will want to make a visit as the Warrant commands him to do so. Be aware that apparently they can call on Sundays now. Other Caggers will be along to help further soon.

And again do not let them in.

If it's for the shop then there is little to keep them out .

Need to establish if the CCJ is for residential or business? Also is your living accomodation attached to your shop? It makes no difference the date given for making an agreement is a Sunday - what was the date on the letter (Notice of Enforcement) and when did you receive it?

Need to establish if the CCJ is for residential or business? Also is your living accomodation attached to your shop? It makes no difference the date given for making an agreement is a Sunday - what was the date on the letter (Notice of Enforcement) and when did you receive it?

If they are on low income in this situation, would it not be best to make an urgent application to the court, variation order and fee exemption form. If they can verify low income as detailed, then they should qualify for fee excemption. The court would then set the payment level and not the HCEO.

If they are on low income in this situation, would it not be best to make an urgent application to the court, variation order and fee exemption form. If they can verify low income as detailed, then they should qualify for fee excemption. The court would then set the payment level and not the HCEO.

It is part of the way forward but no good jumping to conclusions until a bit more is revealed as big difference between residential & business.

Would have been a court bailiffs surely

Not HCEO?

Hi thank you for the replies so far.

The debt is for residential and not connected to the business. The shop is approx 4 miles away.

Will they take my brothers car do you think? There is no where really to park it.

Letter was dated 20/03/17

It says Elliot Davies and court enforcement s services.

Many thanks

Hi thank you for the replies so far.

 

The debt is for residential and not connected to the business. The shop is approx 4 miles away.

 

Will they take my brothers car do you think? There is no where really to park it.

 

Letter was dated 20/03/17

 

It says Elliot Davies and court enforcement s services.

 

Many thanks

They won't be interested in a car with a value below about £1000, as by the time it was sold, there would not be enough left to cover their fees and much of the debt. If your brothers car has never been in your name and you have evidence it is your brothers they should not touch.

Regarding your business, are you a sole trader ? They should not really touch business assets, if it is nothing to do with the debt.

Ploddertom may offer you fuller advice, but i think you should start getting your financial information together with a view to applying to the court to set the payments. You need to do this urgently ( Monday) , as i would expect the HCEO to visit possibly this week. If the court confirms receipt of your application, then the HCEO can be told of this.

Hi and thanks once again.

I am a sole trader from a small shop with very little assets.

In regards to the car it is a 2007 reg and has some various issues but works. Not sure it's worth £1000 even on the second hand market no less auction.

I did email photo proof of the green slip to both the bailiffs and the water board and if they check they will see we have never been a registered keeper and also proof our car failed a week ago.

We want to pay the debt but can only afford lower payments. The last time I spoke on the phone to the bailiffs I was advised it would be £200 A month and they would need to come in first.

I do not intend to let then I at all not engage in any conversation with them and will email daily to both to advise I am willing to pay £20 A month.

Would a variation order be acceptable in these circumstances and if I may ask how would I go about getting it done as urgent.

Many thanks

See this link, applying for stay of execution

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

Also court fee exemption form

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/537215/ex160-eng.pdf

Is that the variance information ? Can I apply to stay the execution if I accept the debt ? Thank you for you time and help

Is that the variance information ? Can I apply to stay the execution if I accept the debt ? Thank you for you time and help

Did you not read the attachment about applying for stay of execution. You can use it when you cannot come to an agreement with an HCEO. If what you have explained is true, then it is pointless an HCEO being involved. Give it a go and see what happens.

If your business is not making enough for basic living costs, can you not apply for tax credits ?

Hi many thanks.

We are in receipt of working and family tax credits. The problem is the shop is not earning enough to cover the lease plus living costs. Add to that the debts we are currently paying we are left with very little. I forgot to add not that It may matter buy we live in a housing association house and claim housing benefit but still pay most towards the ctax

So I have read through, If I go to my local County Court tomorrow and ask for them to do the payment variation order and tell them its urgent they will do that there?

In regards to the stay of execution, I fill that out and send to the district of the writ? asking for it to be transferred to my local district?

I can print and fill out all the forms tonight.

If they allow the payment variation will that stop enforcement?

Many Thanks

What happens is that when the HCEO writes to you to try and formulate how the debt is going to be paid then unless you pay in full the Writ commands him to visit you with a view to him seizing any goods/assets to secure the debt, meaning if you were to default then they can come back & remove those goods for sale at auction.

As this debt relates to a residential debt then he has no automatic right of entry into your home

- unless of course you allow him in which can be a bad idea.

That way it puts the ball in your Court and you can then call the tune.

There are some downsides to this

- if you have anything of value outside

- car, caravan, quality garden furniture etc

- then that can be taken without you being present.

If you trade a sole trader at premises elsewhere then if they find out where that is they may visit to see if there are goods there wort taking.

Lastly they will only make so many visits

- usually 3 or 4 at differing times of day

- before handing the Writ back to the Claimant.

As has been said above there are different ways to deal with this

- all need forms filling in and costs to pay for application fees.

You may apply for a Stay of Execution against the Writ solely on the grounds you cannot afford the fees demanded, if granted it halts all further enforcement action & fees providing you stick to any terms dictated.

You may also apply for a Variation Order whereby if you cannot agree an affordable sum to pay regularly you ask the Court to set a fair figure based on your I&E

- the downside to this is that if it is a small apyment the Claimant may insist the HCEO collects payment in which case they are split between HCEO & Claimant

- see this thread for further on payments made this way and how much is still left owing some years down the line - http://www.consumeractiongroup.co.uk/forum/showthread.php?476233-High-Court-Enforcement-Group-advice-needed(1-Viewing)-nbsp

If you wish to apply for a Stay then you need Form N244 - cost £255 or a Variation Order Form N245 - cost £50.

If you are on a low wage or certain Benefits then you may be able to claim Fee Remission in full or part - See Forms EX160a & EX160c for details, all forms available from HMCTS website.

If you have the strength to do it then you can of course just ignore the knock on the door

- although it can be distressing &n hope the Writ is returned.

If so then the Claimant can take other action including engaging another HCEO.

Not knowing when you are going to be visited can be nerve wracking.

If the business is not paying its way then can you not just surrender the Lease? Have you also explored https://www.southernwater.co.uk/difficulty-paying-your-bill

If the business is not paying its way then can you not just surrender the Lease? Have you also explored

The Landlords will not let me surrender the lease, they are really not very nice people to talk too at all.

Thank you, looking at the new start that would be applicable but when I spoke to "Legal" at SEW they refused any sort of payment plan, or even the notion of taking the account back. I cannot see them doing this on the CCJ amount now but will ask them.

The bailiffs do not intimidate me in the slightest they can knock for hours on end if they want but I have 3 young ones and do not want them experiencing it, besides that I want to pay it off this is the last debt we need to sort out.

I guess the next thing is to go to my local county court tomorrow and ask them to do the variation order as a matter of urgent and see if they will do it. Then if I can pay extra in where possible to pay off sooner.

I will ring SEW again about the newstart and see if it is an option.

EDIT : The link is to SouthernWater we are with South East Water who do not seem to offer any of those services

Apologies - teach me to read fully before putting fingers into gear, try this one http://www.southeastwater.co.uk/your-account/pay-your-bill/difficulty-paying-your-bill

If you are going to go the Court route then it is more important to have the Stay done first as Enforcement will continue otherwise.

Apologies - teach me to read fully before putting fingers into gear, try this one

No need for apologies I cannot Thank everyone enough for all the help, you people are truly remarkable for taking all the time you do to help people.

In regards to the new link it is not working for me?

EDIT Got the link to work it jumbled the address

If you are going to go the Court route then it is more important to have the Stay done first as Enforcement will continue otherwise.

Can I apply for the stay at my local county court? is that possible or do I sent it recorded to the district court?

It is not the Legal people you need to talk to but those who administer the various plans for those in difficulty. I assume it will be the Helping Hand scheme you need http://tinyurl.com/lbzr6cg . If SEW take the debt back voluntarily then they become responsible for all the HCEO fees as well.

A Stay can be made at any County Court that also operates as a District Registry of the High Court - if stuck give us a general idea of the area you live and I'll look some up for you. If you want to find your own then try https://courttribunalfinder.service.gov.uk/search/ use the A-Z list.

PT, I think the language filter has picked up a letter combination it doesn't like. Is it possible to put in a space maybe, so that the right name shows that way please? That way hopefully if the OP puts a space back in when they google, they should find the right page on the site.

HB