The Stay of Execution is still going ahead. Just waiting to hear from the Court. I didnt realise that the HCEO made a charge for payments. That is something they didnt tell me. I also asked about the having their charges removed as they hadnt levied on any goods but they just ignored it. Take that as a no then I presume. National Debtline said the HCEO are the worst for not removing charges. They said I might have to take them to court to have them removed, but that will cost more money. How on earth do they expect you to pay a debt completely if they keep banging charges on. I will put another post on when we hear from the Court. Thanks for your advice

Further to my messages about HCEO, we received a letter from the Sheriffs to inform us that the claimant has accepted our proposal of payment. However, National Debtline told us we needed to contact the court again to see if there is going to be a Hearing about the Stay of Execution. Sheriffs office said that it is up to claimant to inform the court that an agreement has been reached. Does anyone know what happens now. Also, as these payments are going via the Sheriffs office, can the claimant take us to court at a later date to examine our financial circumstances or does the amount we have agreed upon now stick until the debt is paid.

Hi wonkeydonkey Many thanks for that. I know what you mean about bailiffs trying to sneak in and I am on the ball there too. As I said earlier we live in an upstairs flat which is a house conversion. Our door is at the front and consists of a porch door, then our door. The downstairs flats entrance door is round the back, which used to be the original back door to the property. The main front door is always unlocked as that is where both flats post goes to so downstairs need to have access to that, although at the moment, the downstairs flat is empty. In fact when the HCEO called, he thought we had done a bunk as he could see empty rooms. To get round to our wheelie bins and washing line, we come out of the front door and through a gate to the back of the house where we have a separate bit of garden to the downstairs flat. I never leave our door unlocked now even to go to the bin. I wont take any chances and before I come back round to go back inside, I peer round the side gate to make sure nobody is hanging around. We are like fugitives. I suspect the claimant has had a drive round and seen where we live and as they are big semi detached houses with driveways, he probably thinks we really do have money. He will, however, know now that we actually live in the upstairs part. I am very jumpy though if I hear a car as we live in a cul de sac so cars only really come up for access. I have found everyone a great help on this forum and National Debtlines advice has been invaluable. Its not a nice situation to be in even though it is our fault entirely. We want to get this sorted out but we also need to live. I just hope that at the Hearing, our offer is accepted with a view to increasing it at a later date.

The HCEO did not gain entry to our property as nobody was in at the time and since we have applied for a Stay of Execution, he hasnt been back. I sent a copy of the application for the Stay to the Sheriffs Office where the HCEO came from. Fingers crossed we wont have any more visits while we are awaiting a Hearing date. As we live in an upstairs flat, the HCEO would have to bring ladders with him to be able to see in our rooms. I know they are only doing their jobs and it is our creditor who requested this action. It was also our creditor who asked for the car to be taken off us because the HCEO told my husband that on the telephone. Our creditor has an agent dealing with this on his behalf and he told us all along that he was going to take it to the High Court and instruct High Court Sheriffs, or get an Attachment of Earnings or make us Bankrupt. We made an offer through the County Court which he basically refused and putting an amount £200 instead of the £50 per month we offered. The County Court requested the forms we completed and sent to him to be sent by him to the Court but the claimant did not comply so it was Set Aside. Then he took it to the High Court, which as I have already said, was what he set out to do. He knows about all our finances and about our car being on HP but yet he still continues with this present action. I dont know what he is hoping to get out of it. If we are bankrupt, he wont get a penny. An Attachment of Earnings wont bring him that much because we still have to live and Enforcement is not going to work because we have nothing of any value, even if he managed to get into the house, which he wont unless he breaks in, which he isnt allowed to do. Just have to wait for the Hearing now.

Many thanks. It is Hire Purchase so they wont be able to touch it which is a relief. Just need to wait for the Hearing now and keep everything crossed that the Judge accepts our offer of payment. The creditors representative wants his pound of flesh and has been threatening High Court Sheriffs, Attachment of Earnings and Bankruptcy for some months. I have a feeling that he is a personal friend of our previous landlord, who we owe money to, as upon looking at his website, he deals normally with obtaining money from businesses.

Thank you. I like your style. We are in arrears but Welcome have agreed to this. We pay £100 per less every month. They havent got a very good name, but to date we have found them very helpful and the last statement we had from them which was sometime last year, we still owed them over £8000. Obviously getting the car from them was very expensive but we had no choice. Hope it wont come to the bailiff trying to seize it. Just have to wait now until we get a Hearing to see if we can get a Stay of Execution. Apparently the judge could refuse it. Dont know what happens then though.

No he hasnt gained entry to our home. The day he turned up there was nobody in anyway and he hasnt been back since, probably because we made a proposal of payment to the sheriff. They have given us until 8th March 2011 to pay the money otherwise enforcement will continue so we are expecting the bailiff to call again after next Tuesday. What we want to know about is the car. I didnt think they could touch a car on HP but National Debtline said that High Court Bailiffs can. If necessary we will try and keep it out of the way.

Contacted Sheriffs office to make a proposal for payment re High Court Enforcement Officer but had reply yesterday saying it wasnt accepted, which to be honest, I didnt think it would be. Spoke to Debtline and they advised completing N244 Stay of Execution. This form is being sent recorded delivery. Also they said that even though our vehicle is on finance, the High Court Enforcement Officer could still seize it and suggested we basically kept it out of sight. Is that right? Surely the vehicle belongs to the finance company, which is Welcome Finance. We owe more than we should on the vehicle because when my wife was made redundant, they reduced our monthly payments to help us out. When I telephoned the Bailiff, which was the evening of the day he visited our property, he advised contacting the sheriffs office but then telephoned me back to ask if our car was on HP and he said that the creditor did ask for the vehicle to be taken off us. I told him it was and he asked for the registration number so he could check for himself. Was that just a ploy to get car details or do you think he was being genuine. Thanks

Problem is finding the money to go bankrupt and then its bank accounts, your employer finding out too. Dont know about that. Have to think long and hard about that.

Thank you for all your help

Glad to have found someone in the know. The County Court were supposed to be calling me back today but as yet they havent. I will try and explain how this all came about. We got behind with our rent due to unemployment. We eventually left the property we were renting prior to the eviction going to court which was 16th November 2010. We received an Order for Possession and on it at the bottom it stated "It is ordered that the defendant pay the sum of (amount) to the claimant in full. I telephoned the County Court office upon receipt of this document and was advised to put in an Application to Vary. Once this is in place, it will halt the claimant trying to take any further action. There has been a lot of going backwards and forwards between the court and ourselves over this payment they couldnt find. I did send an email to the claimants representative keeping him up to date of what was happening. I didnt want him to think we were sitting on our backsides doing nothing. I received a very snotty email back from him informing me that he intended instructing the Sheriffs office, or attachment of earnings or bankruptcy. I didnt think any of this was possible because of the Application to Vary but after we received a visit from the High Court Bailiff on Tuesday, I spoke to the Enforcement section of the county court to see if the High Court can do this and he said once an Application to Vary is in place, Enforcement at the County Court would not send Bailiffs out but he said the High Court isnt like that and they overule the County Court. I dont know anything about what you are asking about CCJ or acknowledgement of service. The only paperwork we had was an Order for Possession. That is all I can tell you. Still havent had a reply from High Court regarding letter received today yet.

Just received a letter from Sheriffs office stating that unless payment is made within 7 days , their officers will re-attend with transporation to remove our goods, chattels and other property. This may take place in our absence and will incur us further costs. So, I presume they can actually break in. What I find hard to understand is where they think we are going to get the outstanding money from to pay them in 7 days. If we had it we wouldnt be in this position in the first place. This just gets worse. I have emailed them straight back to ask why they gave us 7 days to submit a proposal for payment and yet now they are demanding all the money.

I am not sure if I replied to this threat. The Court have not lost the variation application but the money. However, this has now been found and I am waiting for a phone call from them today to advise whether I still need to pursue through the County Court or just with the High Court.

The creditor has a representative from a company called Credebt who basically are debt collectors but the gentleman who is dealing with this calls himself a business man. He has been threatening High Court Sheriffs, Attachment of Earnings or Bankruptcy so if the Court dont accept my offer, then this "gentleman" will try and inforce it some other way. I am not trying to get out of repaying this debt in any way. Its my fault and I hold my hands up to it. I just would like to be able to commence payments, if only a small amount to start off with. Cant bailiffs turn up with the police to force you to open your door or is that just for evictions. I remember reading about someone that happened to many years ago. The creditors agent will get his way one way or the other. The lady I spoke to at the Debt Advisory place yesterday said she had never heard of the High Court being involved in anything like this as its normally sorted out in the County Court. Cant do much now but wait but thanks for your help anyway.

I didnt realise they could give details like that. I only know about the DVLA because my wife worked for a car sales company many years ago and they used to phone the DVLA on any part exchanges they get in. He might have phoned Welcome but whether they would have given them any information I do not know. It doesnt matter anyway, because the car is on finance. When I was browsing through this site on wednesday night I noticed something to do with Welcome Finance but I cant find it now. It said something about you might be entitled to £2000 if you had Welcome Finance. Any ideas where I might find that again.

Your right about fees. We got charged £974 for the High Court Bailiff and all that does is make it even harder for you to clear the debt. I know I was at fault initially but adopting the attitudes they do, doesnt help anyone. I spoke to a Debt Advisory Service yesterday and she advised going bankrupt. It might be the answer, but I dont want to go down that road. If the other party do it, then there is nothing I can do about it but they wont get anything then as I have no assets. I live in a private rented property. The High Court asked me to make an offer of payment and that is what I am going to do. What worries me is that it wont be accepted and will look to other means, bankruptcy or attachment of earnings. All I have left every month after everything has been paid, including petrol and living expenses is £15 per month. I am due a pay rise in April but last year it was only 1% so my earnings wont increase that much. If they do an attachment of earnings, I know it wont be a low amount they will take off me. Just have to wait and see and keep everything crossed.

The Bailiff wasnt told we had the car in finance from Welcome. All I think they do is phone the DVLA and they can get the information about finance on the vehicle from them. I might be wrong, but he never asked me who the finance was with.

We have not let them into our home and there is a lot of money outstanding on the car finance. It was from Welcome. They have been very good and reduced our payments by half in the middle of last year. I know they dont have a very good name but we have had no problems with them at all. However, it does mean that we havent paid off as much of the finance as we would have done if we had kept to the original payments. If the court tried to seize goods, they would get next to nothing for them. Our TV is almost 10 years old, not a flat screen one which I am sure they think we have, our computer is virtually the same age and isnt a lap top. We have no jewellery so they would find nothing. What I would like to know is are Bailiffs allowed to go into the loft, cupboards and drawers and levy on things they find in there. We havent go much in the loft but we do have some ornaments, and two flat packed wardrobes which we havent room for where we are living at the moment which is an upstairs flat. They arent worth anything but I suppose £20 is money to them. Thanks for replying

The Enforcement Officer did not gain access as there was nobody in when he called. I spoke to him and it was him who suggested we email the Court which we did last night. They replied earlier on this evening asking us for either the full amount owed or a proposal for payment within 7 days. What happens if they dont accept our offer. That is worrying us. To be honest the Bailiff was quite helpful. He said he was surprised that it had got this far. I spoke to the County Court today who still cant find the £35 I paid to vary the original order. This has been going on since the end of November. When I emailed the High Court last night, I attached the last letter I sent to the County Court to prove that we have been trying to sort this out. What I dont want is an Attachment of Earnings mainly because they are likely to take more money than we can afford and of course, the embarrassment. The more we try to sort our financial problems out, the deeper we seem to get in them.

Hi Many thanks for that. Hope someone can help.

We had a visit from a High Court Bailiff yesterday who pushed a Walking Possession Agreement through our letter box. This is for a debt for unpaid rent from a previous address. We have been dealing with this through the local county court but the Landlord of the previous property and his representative have taken it further, which apparently they are allowed to do. My husband spoke to the bailiff last night and to begin with he wasnt very helpful and said there was nothing we can do to stop the seizure of goods unless we can pay the full outstanding debt. If we could, we would not be in this position in the first place. He did actually phone my husband back to ask if our car was in finance, which it is and he said that the creditor had requested that the vehicle be taken from us. Luckily it cant. My husband had told him about the fact we are trying to sort repayment out through the County Court and in his second phone call, he said it was unusual for these matters to get to the situation they had as normally this is sorted out between the parties concerned. He advised us to email the High Court office explaining what has been happening. This I did and attached a copy of a letter we wrote to the County Court about this matter on 10th February 2011 so at least they can see that we have been trying to sort this matter out. The ex landlords representative has been threatening High Court Sheriffs, Attachment of Earnings and Bankruptcy for ages and to be honest, I think the amount of money we are able to pay every month, will not be acceptable to them. We now live in an upstairs flat, which is a converted flat. We have very little furniture so if seizure of goods was done, they would be lucky if they fetched £200. We have no flat screen tv or anything like that. What I would like to know is, is there anything we can do to stop the ex landlord and his representative from demanding seizure of goods, attachment of earnings or bankruptcy. Or will it be the courts decision what happens next. Also if seizure goes ahead, can the bailiff check cupboards, drawers, lofts etc for items they can sell or is it only what they can see. Any help anyone can give me will be really appreciated. Since writing this message, I have received an email from the High Court giving us 7 days to make an offer of payment. Does anyone know what will happen if this offer isnt accepted. We cant afford much at the moment but if they seize goods, they wont get very much and if they make me bankrupt, they wont get anything either as I have no assets. What I am concerned about is Attachment of Earnings. Thanks

Hello I am new to the forums and posted something which was in the wrong section and I have been asked to move it to the Bailiffs section. How do you that. Do you know. Thanks