I dont really understand about the stay of execution - do i just complete the form and send it off with a cheque again to the same court?

 

The thought of having to go through 6 weeks of worrying about him coming is killing me.

 

Part of me thinks i should just get it over with and let him take everything

but it wont amount to the amount they are asking for

so in that case do they just keep coming back and taking replacement items??

 

Shell

It is so important to know what charges have already been applied to your account.

The bailiff cannot and must not list a neighbour's car.

Was this car parked outside of your home?

The new regulations have made clear that the enforcement agent may only take control of goods BELONGING to the debtor.

For a neighbour's car to be listed is frankly sloppy behavior by the enforcement agent.

Please do stop worrying about goods in your house.

The regulations have provided that most items in the house are considered 'exempt' and furthermore, goods are only ever removed in less that 0.1% of cases. It is the 'threat' of removal that bailiffs rely upon for payment.

Shell just to chip in, as another female on her own, please try not to worry too much.

I have been through all the fears you are experiencing with visions of burly men pushing into the house and grabbing my meagre belongings.

Like you I had to deal with mortgage and council tax and Anglian Water who are behind the High Court writ were my third priority since the other two had to come first.

I am appalled that they, and indeed the Co-Op are so quick to run to the High Court for these debts, particularly in your case and given your bereavement. They really ought to be named and shamed because they always portray themselves as caring for the community!

It gets easier because you start to realise that no bailiff can take what you don't have.

Why AW and the Co-Op don't think of this I have no idea.

There may well be people who live surrounded by luxury items while having unpaid debt, but I am sure most people like us, only have the very basics. I have sold all the nice things I had to go towards my mortgage and Council Tax.

There is nothing left worth having!

The bailiffs cannot break in so it seems to me that we are pretty safe if we just keep the doors closed.

I no longer answer the door.

If it is someone I want to see they will have made an appointment.

And if you come home and someone is hanging around, wait until they leave, or pop into a neighbours.

They won't stay there forever!

If worst came to the worst and you did run into him, just say you are house minding for a couple of days.

Sorry to witter on but I can see you are going through the same process I have been through.

Yes the money has to be paid back,

but shame on so called 'responsible' companies for engaging bully boys to do their work rather than trying to engage with the customer and understand their problems.

Hi all, i just wanted to give an update...

Today i had correspondence from the court.

I say correspondance rather than letter as it doesnt give me a lot of info.

There are two sheets of paper.

The first says "General form of judgement or order".

It has me and the creditor listed and says upon the terms of the application to vary refused.

...its ordered that this claim be transferred to the defendants home court.

The second sheet says "notice of transfer of proceedings", lists our details again and the name of my local court.

Does this mean my application and offer has been refused?

If so what happens next and how can i ever repay what i just dont have

I don't know for certain, others with far superior knowledge to me will no doubt advise, but it sounds like...

The creditor has refused the application to vary, this is fairly 'normal' as they just want their money.

The case has now been transferred to your local county court so that they decide the matter either in your favour, in which case you'll get the variation and your I&E will be taken into account, or in the creditors favour which, if you've submitted a breakdown of your I&E is unlikely in my opinion.

That's how I'm reading it at least.

Thank you...im trying to think about worst case scenaro,

if the court reject my offer do they just say im forced to pay the lot as per the enforcement notice which seems scary as they have seen my i&e and can see i dont have it or do they say we wont accept x a month youve got to pay this instead???

I have been totally honest about my i&e and my situation.

Shell

It looks like the Court has refused your application to vary to pay by instalments. How much did you offer?

As long as there is a forthwith judgment in place the Claimant doesn't have to accept any monthy offer or reduced settlement I'm afraid.

Update and further advice please....

I had the hearing at court yesterday.

The hearing was to stay the execution of the writ of control although i had initially assumed it was to talk to the judge about the installment offer i had made as was my understanding of the process.

Seems not.

Before i went in i spoke to Andrew wilsons solicitor who told me his instruction was to oppose the suspension of the writ.

I wasn't surprised and went through all the income and expenditure with him again.

He was really nice and told me the judge had a few options he could either strike it out completely and say they could never enforce 1.the writ of control (unlikely),

2.accept my offer of payment and therefore force Andrew Wilson to abide by it and suspend the writ based on my continuing to pay, 3,suspend it for 6 months with hope that my financial situation had changed or just decline it and tell them they could carry on.

In court the judge said that i had no basis to ask for the writ to be suspended and therefore it wasn't and that was it !

I think even their solicitor was suprised as when we came out he was giving me advice on what to do next.

Clearly i was upset as i now felt i had NO other options left.

I was relying on the court to look at my financial situation and agree that was all i could afford (even that is a push) based on my current situation.

I had also said that in 6 months when i have finished paying my mortgage arrears off that i would have a bit more disposable income and would throw that at reducing the debt also but he took non of it in to consideration.

He did say that he "hoped" that the claimant would consider other options than bailiffs.

I told him that i had tried to contact them and they had put me back to the original debtor who had then told me i needed to speak to them and i went round in circles hense my applying to the court for legal intervention.

He said that they would have to look at it as that was his recommendation in the judgement and coming from him but i'm not very hopeful.

I think the judge looked at me and thought you've got your own home, you run your own business theres no reason to not be able to pay which really upsets me as i have dealt with so much since my husband passed,

i literally dont have a penny to my name some weeks and i'm fighting fire every day trying to get the business back on its feet whilst also dealing with creditors for that on top of my own.

I have emailed both andrew wilson and the original creditor already.

As suspected original creditor already replied and said go to andrew wilson.

I'm now just waiting on them to say "go back to the other" or "nothing we can do now in hands of bailiff". Are they really now telling me that every week a bailiff will visit my home, charge me £1000 for the pleasure, take my TV and DVD player as thats all i've got worth anything, i then replace it eventually and they then take it again.

This will go on well past my lifetime if that is the case which seems really unrealistic!

The solicitor said that he thinks the judge was hinting at them putting a charge on my home.

I'm happy for them to do this if it gets them off my back and have even suggested it to them!

Where do i go from here folks, i feel like i've lost all hope i may aswell just open my door and let them take everything over and over again...

Sounds a lot like the Judge lottery in force again. What grounds did you apply for the Stay on?

Update and further advice please....

 

I had the hearing at court yesterday. The hearing was to stay the execution of the writ of control although i had initially assumed it was to talk to the judge about the installment offer i had made as was my understanding of the process. Seems not.

 

In court the judge said that i had no basis to ask for the writ to be suspended and therefore it wasn't and that was it !

 

I have emailed both andrew wilson and the original creditor already. As suspected original creditor already replied and said go to andrew wilson. I'm now just waiting on them to say "go back to the other" or "nothing we can do now in hands of bailiff". Are they really now telling me that every week a bailiff will visit my home, charge me £1000 for the pleasure, take my TV and DVD player as thats all i've got worth anything, i then replace it eventually and they then take it again. This will go on well past my lifetime if that is the case which seems really unrealistic!

 

Where do i go from here folks, i feel like i've lost all hope i may aswell just open my door and let them take everything over and over again...

Can I just ask how much you were offering to repay each month?

I have to be honest here by saying that I am not too surprised at the outcome of the hearing as I receive so many similar enquiries as yours with the same outcome. Without wishing to go 'off topic' what I am disappointed to hear is that the actual hearing of this matter has taken nearly two and a half months and just goes to demonstrate that the courts are really struggling.

There is little point in going back on old ground in any event so instead, you need to focus on the way forward. Andrew Wilson & Co had their solicitor present at the hearing and naturally he will now report back to his client's and I would hope that he would make clear that you cannot afford to repay the debt unless by small monthly payments.

Andrew Wilson & Co have an obligation to their client's (the creditor) to collect their debt but they also have a business to run and I am sure that they would not want to spend staff time processing small monthly payments for the next 2-3 years and I would suspect that they would very likely return the writ back to the client so that the creditor could take other enforcement action..such as a registered charge against the property (the enforcement company cannot do this). If the writ is returned, bailiff fees are removed.

By now Andrew Wilson will have checked your vehicle ownership with DVLA (and that of your neighbour's car) and they would know that your car is not worth taking. As to the goods in your home....these would not be of interest either.

On your point about bailiffs visiting every week.......without knowing the exact fees that have been added to your account I am unable to calculate whether any additional fees can be added but I suspect that they have charged the maximum level of fees by now anyway.

My suggestion (which I see you have already done anyway) is to write to AW outlining the hearing and reiterating that you cannot increase the level of repayment and that the goods in your home are worthless. There is no point writing to the creditor as they can do very little whilst the writ is still with AW.

PS: At the hearing did the solicitor ask for his costs and if so, was an amount mentioned and was the request granted?

Hi,

No they didnt ask for costs which im surprised about.

As suspected the original creditor did write back saying they couldnt do anything.

I replied stating that the judge had suggested that we negotiated and outlined my financial position clearly adding that their own solicitor had suggested that one option would be for me to just go bankrupt

i said that although i didnt want to go down that route especially when im trying so hard to get back on track

i would welcome the relief of pressure it would bring especially if they decided to send the bailiff round every fiew days as i couldnt cope with that and it would be an end to it.

I sent them the same I&E i sent the court and which their solicitor in court also went through and agreed with.

Their solicitors who previously wouldnt even reply other than to direct me to AW emailed yesterday to say they would put a charge on the house and i had to pay £50 a month which goes through AW.

How can they just pluck this figure out of nowhere when my i&e clearly shows i dont have it?

There is nothing excessive on the i&e at all,

i dont drink, smoke or have any luxuries and clearly shows a £20 disposable income!

I feel like im not being given an option to agree or not im just being told a figure.

Of course ill try to maintain it for fear of what might happen otherwise but what happens if i just cant?

I know its not a massive amount but it will be a struggle and im also dealing with a range of creditors harassing me for other personal debts as well as debts for the business.

It just feels never ending!

Shell,

Personally getting a settlement at £50 per month is excellent and if the court had of been in agreement to consider the application to reduce the payments they would not have willing to reduce the payments as low as £50 pm given that the general rule is that the debt should be paid off in full within around 12 months. I am pleased at the voluntary charge but of course this would need to be adjusted along the line to take affect of the monthly payments. I appreciate that you have a real struggle with all other creditors but my advice would be to see how you are able to cope in 3 months time and then post back.

I am pleased to hear that the solicitor did not apply for his costs and this must be a relief as well given that the amount of the charge will now only consist of the debt to the creditor and Andrew Wilson & Co's fees (solicitors costs could have doubled this figure).

I know that I asked you to check these beforehand but given everything that you are dealing with you had not responded. The following are the ONLY statutory fees that should have been added. I have added a description against each fee that may help any other person with a debt that is being enforced via a High Court Enforcement company.

Compliance Fee:£75 (plus VAT).

Upon receipt of the sealed writ of control the enforcement company must send a Notice of Enforcement giving the debtor a minimum of ‘seven clear days’ notice that a visit will take place to take control of goods. This fee is payable for each Writ of Control. It is vitally important be to be aware that if you cannot afford to pay the entire amount in full at this stage then you must consider submitting a payment proposal. This will not avoid further costs but will at least limit the additional fees to include just the Enforcement Stage 1 fee as outlined below.

Enforcement Stage 1: £190 (plus 7.5% on the sums to be recovered over £1,000 plus VAT).

If you fail to pay the amount owed in full during the time period outlined in the Notice of Enforcement or you have requested to pay by instalments then in every case the Enforcement Agent is obliged to attend the premises personally on behalf of the creditor in order to ‘secure’ the debt. This attendance is charged at £190 plus 7.5% of the sums to be recovered over £1,000, plus VAT. For example, if the outstanding debt was £3,000, the 7.5% would only be charged on £2,000.

Enforcement Stage 2: £495 (plus VAT).

If you fail to make any payment or to enter into an acceptable instalment arrangement covered by a controlled goods agreement (the term replacing walking possession agreement), then the matter moves onto Enforcement Stage 2. If a payment arrangement, with a signed controlled goods agreement, is subsequently broken, the Enforcement Agent will re-attend the property either under Enforcement Stage 2 or the Sale or Disposal Stage dependent upon the circumstances so far.

PS: Please note that with High Court enforced debts only VAT is added to each fee. There is a separate document from HMRC outlining this on the forum.

Hi,

I wonder if anyone can help.

4 years ago my husband passed away.

He had been poorly for some time during which i had taken a career break from my work to be his main carer.

When he passed we were in quite a mess financially after having had no proper income for some time

(couldnt claim anything as i was on a career break, not unemployed as such).

I paid what i could for his funeral but had a balance outstanding of £2500 which i failed to make arrangements to pay and quite honestly was struggling to pay our mortgage

had bailiffs at the door for council tax so had to put that and council tax first.

The coop ended up taking me to court and getting a ccj against me.

A short time later i had an enforcement notice from andrew wilson and co.

Absolutely horrible to me on the phone, refused anything but full amount which i just didnt have.

Started coming to my house every few days

(i was usually out but scared to death to answer door).

I decided to apply to the court to see if there was anything they could do.

By this time they had added £1000 odd enforcement costs making the total nearlh £4000 somehow!

Original ccj was £2449.

I went to court and the judge didnt care about any of my situation,

took no notice of my finances

and pretty much said there was nothing he could do.

Afterwards i explained to andrew wilsons solicitor that i had no money, no assets worth that amount and felt like i had no way out.

I genuinly did NOt know what to do.

He told me all he could do was report what id said and ask them to look at a payment plan.

I showed him all of my incomings and outgoings pretty much probing the max i could afford was £20 per month.

A week larer i had an email from andrew wilson telling me the client was prepared to accept £50 per month!

I felt i had no alternative but to agree and started making payments each month in May of 2015.

In december of 2016 i asked for an up to date balance and was told despite having been paying it for a year and a half my balance was still £3600 and interest of 62p a day was being charged as per statutory amount!!!

I feel I will never pay it off!

They have never written to me to issue a statement or confirmation of the payments made/interest being charged.

Are they allowed to just do this??

I never had a credit agreement or default notice as it wasnt a loan as such

so really dont know where i stand can anyone help???

old and new threads merged for history.

on the judgment does it mention post judgment interest?

Im going to dig the paperwork out tomorrow.

I read somewhere on here that if they dont write to you telling you of interest to be apllied they cant charge it is this true?

It also says that it can only be added to ccjs for credit agreements and that a default notice should of been served.

I had non of this and absolutely no correspondence from them after going to court.

did you agree to a charging order ?

I see this mentioned in the merged thread?

did you agree to a charging order ?

I see this mentioned in the merged thread?

I didnt agree as such i just didnt seem to get a choice they said thats what they were doing n the court processesit.

 

A week larer i had an email from andrew wilson telling me the client was prepared to accept £50 per month!

I felt i had no alternative but to agree and started making payments each month in May of 2015.

 

In December of 2016 i asked for an up to date balance and was told despite having been paying it for a year and a half my balance was still £3600 and interest of 62p a day was being charged as per statutory amount!!!

 

I feel I will never pay it off!

 

They have never written to me to issue a statement or confirmation of the payments made/interest being charged.

 

Are they allowed to just do this??

 

I never had a credit agreement or default notice as it wasnt a loan as such so really dont know where i stand can anyone help???

As DX has amalgamated your previous posts I have shortened your post from yesterday to show that your current query concerns the amount of interest that has been charged to the debt since your payment arrangement was set up.

The following page should explain the 'interest' situation more clearly:

https://thesheriffsoffice.com/articles/claiming-judgment-interest

Have you spoken to a Debt Counselling Charity or perhaps even Citizens Advice ?

Are you up to date with your mortgage ?

when you find the paperwork

check these things:

Interest can be applied to all High Court Judgments (HCJ) and to county court Judgments (CCJ) of £5,000 and above. ... CCJs below £5,000 that are not transferred up will not normally be eligible for judgment interest, unless provision has been made for this in the contract between the debtor and creditor.

And it also must be stated within the particulars of claim that interest has been requested CPR 16 .4 (b)

https://www.justice.gov.uk/courts/pr...es/part16#16.4