Hello,

I have today received a letter from High Court Enforcement Group Ltd demanding payment for an old university tuition fee debt.

I have recently changed address and I had no idea this had got to the court stage, so I didn't get a chance to respond to the claim.

I would like to be able to get this case back in the court system because I would like to defend it.

The reason I didn't pay the tution fees is that after one term I realised the course being taught was nothing like what they had detailed in all their marketing.

I soon realised that this MA course was not going to help me any further with a career and would just add another £10,000 debt to my student debt already.

Had I known that this was at the court stage I would gladly have defended the action against me.

I know it's my fault I didn't inform the University of my new address but I am now on long term sick and awaiting treatment.

I am in receipt of ESA and in the support group, I get the full benefit after the DWP changed their decision once they had received medical reports.

I really hope at the very least my current circumstances will delay the debt process escalating further but I really don't know what to do.

I have never been in this situation before and I know once it's at this stage it's very serious.

I really didn't need this.

I have just about managed to keep up with all my current bills and debts with minimal income but this is something else.

Any help or advice would be very gratefully received.

Jake

moved to the bailiff forum with title update for clarity.

Hi dx100uk,

Are you able to help at all?

Jake

bit like your last one JD?

https://www.consumeractiongroup.co.uk/forum/showthread.php?482571-MMF-Moriarty-backdoor-PDL-CCJ-Issued-Court-Papers-To-Wrong-Address&p=5073501#post5073501

surely you should have learned from that how important it is to update people of your correct address?

as with that claim, I cant see a reason to set aside the CCJ..it was correctly served.

and I cant immediately see a defence for the original claim.....it was the wrong course..but that should have been addressed at the time.

its no defence to a court claim.

you could p'haps approach the uni directly and you might get some movement but you need the bailiffs off your back as this could quickly have atleast another £325 or more added to the debt .

I placed you in the bailiff forum as this is the best place for now till they are dealt with.

posting at 21:30 isa bit later to expect the experts to pick it up till the morning.

Hi,

When you are suffering from the condition that I have and live from day to day updating addresses for old university courses that I haven't attended for years is not at the front of your mind.

Jake

thank you for the update on the thread I mentioned earlier

I've moved that portion to there as its nice to see things updated, as so few people in the same position looking for help ever see people resolve their threads.

as for this thread

lets hope you get some resolution by contacting the claimant

don't forget to record your call.

I can empathise how your condition compounds things ...I too have a relative close to me that often puts things off or forgets the simple things..trouble is they comeback 10 times worse and often cause her condition to worsen when a wake up call has already been dealt with..like your other thread.

lets hope the experts can help further than my initial suggestion above.

I am now on long term sick and awaiting treatment.

I am in receipt of ESA and in the support group, I get the full benefit after the DWP changed their decision once they had received medical reports.

 

I have just about managed to keep up with all my current bills and debts with minimal income but this is something else.

 

Jake

I do apologise for not providing advice sooner.

On the subject of you seeking advise on setting aside the judgment, it might to better to wait for the user Ploddertom to make a visit to this thread. He will no doubt visit sometime today.

In the meantime; given your circumstances, it is very important that you make contact with High Court Enforcement and outline your vulnerability.

Do you live on your own or with parents etc?

Do you have a car outside of your property?

Please remember that with debts such as this, the bailiff may only enter your home by invitation or 'peaceful entry' (unlocked door etc). You are under no obligation to allow the agent into your home.

Hi,

I think I've sorted it I was clicking 'reply to thread'. Anyway I wanted to thank those guys who have offered advice and it's reassuring to know that the bailiffs can not force entry. However, Ploddertom has still not replied, do you think he will?

Jake

Hi,

 

However, Ploddertom has still not replied, do you think he will?

 

Jake

good morning Jake,

Ploddertom is not available at the moment as he is unwell.

Hi,

I have now made an application to the court to have the judgement set aside and the writ stayed.

I have received a letter from the court saying the case is being transferred to my local court for a hearing.

I have been in contact with the enforcement company but they say until a Stay of Writ is issued they will continue to pursue the debt.

I have today received a further letter from them hand delivered which says they will be back in a few days and they say they will enter my property whether I am here or not.

Can they do that?

I think it might be a scare tactic having researched what these bailiffs can and can't do, but if someone can confirm I would be very grateful.

They have also added further charges.

They also say that under the Tribunals Courts and Enforcement Act 2007 they will be able to get the authority to enter my premises.

Again is this just scare tactics or not? Any help appreciated.

Jake

not for a CCJ no they cant

Hi dx100uk,

Thank you for that swift reply, much appreciated. Can I also ask are they allowed to repossess your goods if they gain peaceable entry and you are not there?

Jake

they should be listing them as seized goods first .

https://www.consumeractiongroup.co.uk/topic/405861-busted-amp-stupid-coming-today-to-remove-goods-ctax-debt/?tab=comments#comment-4855544

2 hours ago, jakedancer said:

Hi,

I have now made an application to the court to have the judgement set aside and the writ stayed.

I have received a letter from the court saying the case is being transferred to my local court for a hearing.

I have today received a further letter from them hand delivered which says they will be back in a few days and they say they will enter my property whether I am here or not.

 

 

 

 

Can you please respond to let us know the EXACT wording on the hand delivered letter (where they state that they will enter your property whether you are there or not)

Hi Bailiff Advice,

Yes the letter is from High Court Enforcement Group and the paragraph that concerns me reads:

Removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15, schedule 12, Tribunals Court and Enforcement Act 2007 for authority to enter your premises. Any additional court costs and attendance fees will be added to the amount due under the writ.

Jake

that's is only for commercial business to business debts , and only gives them authority to enter business premises NOT private residencies.

of which yours is not.

we know what they'll say ...oh sorry admin error, used the wrong form...

2 hours ago, jakedancer said:

Hi Bailiff Advice,

Yes the letter is from High Court Enforcement Group and the paragraph that concerns me reads:

Removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15, schedule 12, Tribunals Court and Enforcement Act 2007 for authority to enter your premises. Any additional court costs and attendance fees will be added to the amount due under the writ.

Jake

 

 

Can I just be clear, the paragraph does NOT say that they will enter your property while you are not home. That particular sentence has been used by enforcement companies for many years and what it means is that goods can be removed in your absence from your driveway or more rarely; your garden. The most popular item for an enforcement agent to remove is a motor vehicle. 

Hi,

Thanks for that clarification and thanks guys for your help and assistance. Clever with their words aren't they?! I just wish they would list my court hearing so I can at least get a chance of having the judgement set aside and the writ stayed to get these guys off my back and have a chance to defend the claim. 

Thanks again for your advice, much appreciated.

Jake

what defence did you file for the original debt

and what reason did you give for the set aside

Hi dx100uk,

Great news, the court has stayed all enforcement proceedings until my set aside hearing is concluded. I would rather not go into the defence here if you don't mind because I still have a lot of research to do. I will now fully prepare my outline arguments as per the instructions in the court papers and compile a mini-bundle.

Thanks for your assistance with this matter, I will keep you updated if you want.

Jake

It would help others

And stop you msking silly mistakes

being selfish is not what cag is about

Hi dx100uk,

What a silly thing you just said. I resent the accusation that I am being selfish because I do not wish to disclose my defence in my case with the University who is claiming something they are not entitled to. If I choose to not disclose my defence that should not be interpreted as being selfish. I have every right to do that without criticism. 

Jake

Make sure you send a copy of the Stay to HCE as soon as you get it, best sent initially via email with a copy in the post. Also keep a copy by the door in case of a caller. Don't rely on anyone else doing this.

On 05/03/2019 at 23:22, dx100uk said:

what defence did you file for the original debt

and what reason did you give for the set aside

OP didn't submit a defence to the claim...

" I have recently changed address and I had no idea this had got to the court stage, so I didn't get a chance to respond to the claim.

I would like to be able to get this case back in the court system because I would like to defend it."

Andy

Have today been successful in getting the judgement in default set aside.

Automatic discontinuation of enforcement proceedings.

Case allocated to small claims track for trial.

Claimant did not oppose application.

I'm hoping my skeleton argument convinced them that I was serious and capable of defending.

I now have 3 weeks to submit defence, with trial date set for six weeks time. 

Thanks again to everyone who has offered advice.

This is an emerging area of the law and very few legal precedents have been set so far.

Will continue to research and now build a solid defence and compile a court bundle.

If I am ultimately successful will share everything including suggested templates for others in my situation.

Jake