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  1. First post so Hi and thanks for any advice offered. Had some windows/doors installed by a local firm in a self build property. There’s been issues since the start, leaking sliding doors, bay window out of square, no keys for window locks, runners corroded. The company haven’t been the most helpful in rectifying anything. I moved into the house I was building in March 2016 and I’ve had visits from the companies employees whilst I was living there, the last one about April/may. I still owed 10% of the £15k for the full job which I told them I would pay when my concerns were sorted. 2 weeks ago I settled the outstanding amount as I am going to take it to the small claims court. The guy I sold the house to works away and he dropped a handful of letters off last week from solicitors, ccj and bailiff visits with extra charges, all dating back to July/August. This was the first knowledge I had of a ccj and a writ. Thanks in advance.
  2. Hi All, this is a commercial rent issue. I have an action against the landlord being processed by CCMCC for a sunstantial amount after the landlord installed solar panels without any notice (my lease is for the entire building) during this process carried out whilst I was away on my honeymoon scaffolders erected scaffolding on the roof of my £75,000 race lorry and smashed the roof Landlord refused to supply insurance details, this then led on to it being discovered the building actually doesn't have planning permission it has a "agricultral storage" covernant on it, it can not be used for commercial purposes. My lease has the permitted use as "light industrial and machinary repairs" I have had to cease trading as the council have said they will not change permission of use. in response to the CCMCC the landlord it would appear have instructed High Court Solutions to take control of the building and eject all my goods, change the locks etc. The notice of attendance was served (well posted through my letter box I wasn't in) at my house after they did this (no former notice has been received at all) the top of the notice states queens bench division but district registry and county court claim number are blank, as case reference number starts HCS so I assume it is there internal one. below this it states "I have received a high court writ against you in respect of the above matter made up as follows" then it lists judgement debt with an amount in it, but no judgement costs or execution costs only enforcement fee and vat have amounts in them. I have not had any correspondence from the landlord accept a reply to my pre action notice, he has had a notice of action and also a duty of care notice and the HC EA was aware of the CCMCC claim but claimed it was bogus. I have requested the writ and quoted the CCMCC ref to the company but had no replies I think what has been done is a CRAR, again this is without any notice so I can set aside. could anyone advise on the need to supply the writ, or how I can obtain a copy given I have no ref number or district registry? and can a high court writ be gained without a court hearing at a lower court? Many thanks James
  3. Hello, So long story short earlier this year I found myself unemployed and survived off credit. I owe £26k to various companies. I was advised a few months ago to declare bankrupt and am in the process of raising the funds (should have all paid by 13th Jan). I had a CCJ awarded against me for ~6000 by a credit union. This was a loan. Monday I received a Notice of Enforcement from Harrison (Marston) stating that a High Court Writ of Control had been gained and I needed to pay by 23rd Dec. I have been reading and would appreciate some advice. I own nothing of value, I sold most of it to feed the kids earlier this year. My first question is can this be enforced by a HCEO? I have read that they don't deal with debts regulated by the Consumer Credit Regulations 1974. Second question is if they can enforce it what would be the best way to stall them until bankruptcy? I was told that if I paid any debts off now then the court would reverse them as I cannot be preferential to paying a particular debt. To complicate things further my wife is currently in hospital so I am looking after 3 young kids whilst trying to sort this. I understand that bankruptcy is where I need to be but don't think I could deal with the stress of having bailiffs at the door! Any help appreciated. Thanks
  4. Hi all, To make this as brief as possible, I had a second charge on my property with Nemo personal finance. In 2007 the property was repossessed due to a lot of bad luck and the original lender sold the property over £50,000 less than market value just to cover their own expenses (G E Money) which left nothing to pay off the second charge. I have been battling this loan on and off ever since and during this time Nemo took me to court and won because I never defended the claim and this was due to the fact \I knew nothing about it. I agreed a miminal payment to them which I paid monthly about 2/3 years ago I wrote to them sending them £10 PO asking for a SAR. They never produced it so after a while I stopped paying and things went quiet of a year. Now they are back on my case threatening with a attachment to earnings, High court Writ and Baliffs etc. I am not sure how I should proceed with this and would really appreciate some help. I id speak to one of their customer service reps when I got the first contact letter and explained that I stopped paying because they did not comply with my request and he said he would look into it and get back to me but he hasnt and I ave just had a letter threatening allsorts to collect. When I first loss my house I did do a lot of research on this with regard to the PPI and secret commissions which there undoubtedly was but never saw it through due to personal circumstances.
  5. Hi All Summary: - I've had an agreement set up for 12 months with no issues from a debt. - Visited on 3rd August 2016 while on holiday by a HCEO, no 7 day warning in writing. Asked confidential questions to my neighbour - Visited again last Friday 12th at 06:45 am, again no 7 day warning in writing - He showed no ID, I let him in to stop any embarrassment and to genuinely sort out some confusion as a payment plan has been in place for over 12 months with no issues. - Outstanding amount before entry was £358 (oringal writ amount £2305.56), he demanded £1483.11 - Gave me no opportunity to speak with anybody from the claimants office - Served a writ - I didn't read it properly as I was in a panic with my daughter in the house - I had 1 option to pay in full, without hesitation and with no inventory made he grabs my car keys - We panic and pay the full amount £1483.11 with a credit card He leaves, leaving a trail of utter despair and emotional distress. I called the relevant parties at 09:00 the same day, the HCEO office decides to refund me £970 within 1 hour (when I mentioned the writ below) - Saying 'we dropped the ball' (the claimant and HCEO had no communication or understanding of my debt and the actual correct figures owed) From researching the past 3 days: - The writ was dated 28th May 2015 (expired) I never checked it. I've called the court who issued it and they confirmed it expired and was never renewed. - The actual HCEO who attended seemingly has no certificate according to the register I have made a formal complaint in writing but wanted to know if there is any consequence for a HCEO enforcing an expired writ? Also when a HCEO has no certificate? ...Can I take action? Appreciate any guidance. Thanks, garynansome
  6. Hi, Over the last few months I have received a CCJ, then a notice of enforcement now an e mail threatening that a HCE are going to enforce a Writ of Control. I do not have a car or any belongings that are valuable. I know not to allow entry to bailiffs. I am just wondering how long the HCEs will keep trying to obtain the money which I just do not have??? Also, might they try to escalate the matter to making me bankrupt? If so, do they have to serve a writ by hand? I will be moving soon so this may alleviate some of the pressure! Lots of questions I know - and any advice would be most appreciated, thanks!: BAE
  7. Guest

    Writ or N316a

    Hi I have a judgement against someone for about £1000, since January 2015 and they have made no attempt to repay or respond to any of the courts letters. I need to enforce this. Shall I go via the N316a form then do an Attachment of Earnings or do I issue a Writ of Execution to seize items to raise the money? The second option is quicker but I have to pay more and so will he. What are your thoughts? Thanks
  8. I recently attended a court hearing to get a writ stayed as it was enforced by a company who claimed to have purchased the debt July 15, however as they are not recognised on the original claim the judge told them they have no legal stake on the ccj. I am aware the claimant was used in name only and the 3rd party have been involved from the start. I would like if possible to know what action if any can I do to stop them now applying to court to have the claimant details changed. As i have a claim for illegal eviction, unlawful entry of property, removal if property to submit against claimant i do not want the ccj to change details. They are aware I have this claim to submit. for info; claimant never once attended court claimant still wont respond to any correspondence i send the deed of assignment was alledgedly done in July 15 and sent to me in Sept 15 No notice sent from claimant to confirm debt sold - even after I have written to the claimant to confirm. payments sent to claimant that the 3rd is now asking for proof of so they can consider whether to reduce the balance. threatening interest when no interest awarded on claim.
  9. Hi, I'm currently in the process of being evicted from my rented flat. I contested it for a while as there were plenty of irregularities over the tenancy and the deposit protection, but the landlord got an immediate order for possession about 2 weeks ago now. I was fully expecting him to instruct county court bailiffs right away, but 14 days on, I haven't received a notice of eviction. I rang the County Court Bailliff's office, and they haven't even received an application from the landlord to start that process. I find this a bit strange, I don't understand why he didn't do this right away. I've been reading elsewhere that there's a procedure for possession that involves getting the case moved to the High Court and then instructing High Court Enforcement Officers to carry out the writ. It's my understanding that this is more expensive but much quicker. It's also my understanding that if the landlord goes down this route, I don't get any notice at all until the HCEOs turn up at the door. Is there any way of finding out if this is what's going on here? Is this a common route for landlords to use? Is it true I wouldn't get any notice at all, or any notice that the case was being transferred to the High Court? If I get a few days notice to get my stuff together, then that's fair enough, I'd even send the keys back and save everyone a lot of hassle. What I'm worried about is that I'll just come home one day and find all my stuff on the street. Does anyone think this is likely or have any advice in this situation? Cheers.
  10. Hello team, Returning member which needs your kind help again, thank you in advance! Today, I received a phone call and subsequent email from a nice lady from Wilson and Co telling me that they have been instructed to enforce a High Court Write against my Limited Company. None of the documentation, Notice of Claim, Judgement Form, invoices, etc. has ever been received by us. By phone, the nice lady told me that papers were served by recorded delivery to what I confirmed to the lady is our old service address. We moved to a new "virtual office" a few months earlier. (Formally changed via Companies House). We are a web based booking company and have no assets. The business address is a virtual office, we are not there, but any mail (we don't get any really) is forwarded to our home address. They don't have our home address - well I have not given it to them anyway. The debt is for a magazine advert to promote our business. The nice lady has emailed me the details of the Judgment and costs incurred, as follows: Judgment £731 Costs of Execution £111.75 Assessed Solicitors Costs £152.00 HCEO fees: £944.00 I told the nice lady that that I will communicate with her by email, she is happy to do so by email. I confirmed in writing that today is the first time we are hearing about this judgement and writ and that I am amazed at the excessive HCEO fees. The nice lady has been kind enough to tell me the cliam number and and where the judgement was obtained, "County Court Business Centre". Where do I go from here? Can I apply for Set Aside and Stay of Writ? This has got totally out of control and the fees are absurd! Do I contact the creditor, an (advertising/printing house) or do I contact the solicitors which has instructed the High Court Writ against by business or do I continue in email exchange with the nice lady at Wilson and Co.? On a different side-point, I am furious with my ex-accountant who it seems has been "signing for" important letters from the Courts and not informing me. If this is really the case, and the creditor has been sending such letters and claims packs by recorded delivery, then I will be paying my old accountant a visit and making a complaint! At the very least he should be emailing me to say he has what looks to be important letters for me, or even better, he should be refusing to sign for them and they would automatically be sent back to the creditors solicitors, whom would investigate further by either visiting my website or checking Companies House listing for the new service address. I feel like I have a case against my ex-accountant as he has helped balloon this relatively small debt, to a ridiculously large one. Back to what my next move should be? Any help and advice would be most appreciated. Thanks, Jameson
  11. I lost an appeal in November last year and costs were applied £750 - I appealed and this hearing was heard within another hearing Civil Case on Jan 4th 2014 - The Judge awarded the claimant £7,123 - off which £5,000 of this was costs. He mentioned something about only allowing certain sum of costs. I could not pay - single parent on benefits and offered £5 a month - this was refused so I applied for a redetermination hearing which was heard in March 2014. I informed Judge I had a caravan old tower 1997 that I could sell worth about 2k. Advertised on 8 sites including Ebay and no interest. Went back to court on Monday 23rd June to update situation and offered £25 a month (payable by my BF) this was again rejected - again given another 3 months to sell caravan then other party intends to get a high court writ. The upshot is unbeknown to me this debt has gone up - I thought the £750 for previous hearing was already added to final judgement of £7, 123 - the other party have now added interest and further costs on both amounts. I managed to sell some furniture and jewellery and paid £1,000 in April - thinking the debt was now £6,123 but the debt has now increased to £7,300 thereabouts. Impossible situation. My question would be - how do I query this £750 additional ? no mention of this in the final judgement so assumed £5,000 in costs was total. Can I question the interest side of things? if I managed ( family member) to pay off some and get it under the £5,000 does interest cease? The Judge mentioned any debt over £5,000 interest becomes payable. So would it be worth my while loaning the funds from a family member. Thank you for your help in this matter it is all very confusing.
  12. I have just been issued a writ of control on a £43k CCJ that was put in my Bankruptcy in 2010, however the Natwest whom issued the CCJ put a charge on my property before the Bankruptcy petition was finalised and apparently there was nothing I could do as I wanted to keep the property, which was and still is in negative equity. The writ runs out in a weeks time and they can come and take goods even though I've been bankrupt, is there anything I can do.......
  13. I hope you can help! We asked a chap and his band to play a ceilidh at our wedding in 2011 and, long story short, he managed to extract more money from us than he should have and didn't fulfill his contract. We went through the small claims process and have a CCJ against him for approx £740, but he as never paid (and so I assume more interest has accrued?). We engaged a debt recovery agency, who also failed to collect any money (more money down the drain). As he lives near Glasgow, we now want to transfer the CCJ and register it in Scotland so that we can use local sheriffs/messenger-at-arms. However, we are debating whether to raise this and obtain a High Court writ, but I can't establish if this is valid or holds more weight in Scotland, like it does in England. It's also difficult to get a straight answer on how to transfer the CCJ to the Scottish register. So, I think the questions I have are: * How do you transfer a CCJ to Scotland? * What forms are required? * Who generates the forms - me or the local court (Barnet County Court, in this case) * Is it worth trying to get a High Court writ before transferring, or after? * Will we still have to pay more good money to sheriffs/messengers-at-arms in order to chase our money? This, obviously, has left a stain on our memory of our wedding (as my wife keeps reminding me) - we only want our money back and for him to learn that he can't rip people off and get away with it, particularly when it comes to wedding gigs! Any advice will be appreciated.
  14. Good morning, I launched a small claims case against a company sometime ago which has been approved by the courts. I had a writ issued against the company that i had the agreement with, however it now transpires that this company wasn't a really one. The really company traded as the one that i had the agreement with. When i checked all the companies house details the number on all the letter heads related to a different company to which i had the writ issued. My questions is how to do apply to get the name on my original writ changed? This whole issue has been going on for nearly 18months and the company concerned appear to be using every tactic that they can find to delay the outcome. Many thanks for any responses that you might post. Kev
  15. Can any one tell me how to find out the details of a high Court Writ? I am being chased by an HCEO for a writ I have no knowledge of. I emailed them for details which are not forthcoming., I dont feel inclined to start paying for something I have not been told of. Any ideas?
  16. Would a high court writ be invalid if they have used an incorrect name ( David but I'm Dave ) ? I'm not looking to avoid paying in full but need time due to being self employed .any help would be appreciated thanks
  17. Hi I had a CCJ issued a while back about 6 months ago these are the facts 1) CCJ issues 2)High court writ of Ex Issues 3)Bailiff visit 4) payment plan agreed X amount by the 5th of every month For the Last 6 months i have paid without problem on the 2-3-4-1-3 of each month Ive rung up today to pay and they say my agreement has been canceled as ive been making late payments as it takes them 2-3 to allacate payments If i knew this i would of paid a day or two earlyer , just wondering my options now as they have the Writ etc I would like to get my payment plan etc Cheers James
  18. Is there an appeal process for a high court writ, we had no idea that this was even in place until the guy came knocking at the door wanting to take goods. Its a long story but right now I am hoping we can get it put on hold until evidence can be gathered in our favour, The only goods they have listed is my car, which living in an extreme rural area with no public transport at all, and suffering from mental health issues, and a severe back complaint I cant live without.
  19. Hello all, I can't quite believe this forum and site exists with such great advice and information!! well done to all involved. Now on to my problem (amounts slightly varied to keep anonymity) I was lent £20,000 from an ex employer who also happened to be my boyfriend at the times family business (big mistake) It was lent on the basis I would repay it when I could. Interest would not be charged. some unfortunate events happened and I had to stop working for them. I offered 3 dates when I would return the money in instalment. The first date I kept and paid them the £10,000 as promised. Unfortunately relations with them went down hill and I had stored around £10,000 worth of goods at their home. They were not being forth coming with returning my items or even allowing me to pick them up. I wasn't sure and still am not if my items still exist. And so I decided i would offer the second installment in person at their home so I could pick up my belongings. I sent over 20 emails offering dates saying I would happily give them the cheque. I heard nothing back. Sadly a few months later I became ill and have been signed off work for 6 months and been away from my home recovering. Unbeknown to me during this time they had sent one email to my sister asking for my address in which my sister responded saying she couldn't give out my location as I was very ill and she didn't feel it was ok to raise this subject with me. Forward 5 months when I return to my home in England and I have a ccj issued against me and I have x amount of days to pay. I sent a letter straight away to their lawyer stating I had been ill and I would have responded if I had received the letters. They responded saying I had 15 days to reply. 3 days later I sent an offer letter to their lawyers along with doctors notes to prove I was sick. I am currently waiting for their response. But I am very very worried because A. I have a ccj against my name and I would really be grateful of any advice setting this aside? Can I do it on the basis I never received it because of my illness? B. I am on the understanding I only had 28 days after the ccj was issued to come to an agreement or they could go to court to issue baliffs etc? It is day 25 today! ANY HELP so much appreciated. Very stressed and trying to remain calm so I don't get sick again! Kind Regards x
  20. Hi I have been seeking advice for my situation because I have no choice but to serve a writ to try and recover a loan I made to a friend. I did contact my local CAB but they were really not helpful. I did not think there may be any listings on CAG for issues like mine, so I was so glad I searched through CAG. I found the thread http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences by Andyorch very helpful and am grateful for this. I have been quite ill over the past few years and thankfully now recovering and getting my life together. when I was healthy and well off, I helped a desperate friend repay his credit cards over the period 2005 to 2008. What a mistake. ! whilst i have been really ill and desperate over the last few years the guy was no where to be found. I do not have a signed agreement, but i do have substantial paperwork to prove the loan and a documented admittance from him that I made the payments on his behalf. I have more than enough paperwork to prove the loan and that none has been repaid. After many, many phone calls and getting no where I finally wrote to him a couple of months ago and asked for my money back. To my surprise I received a 'Without Prejudice' letter from his solicitors basically stating that a. some parts of the loan is too old and therefore no longer applicable b. if it goes to court they will defend c. they will ask the court for indemnity from me for their fees. I did not take the comments from his solicitors too seriously other than just a threat to put me off. How ever it was clear that i have to sue. Some parts of the loan is old as the initial payment dates back to 2005 - however, they are part of the same loan spanning over three years and that can be proven quite categorically. My first question is on the subject of pre-action protocol; I asked for my money back and his solicitors pretty much told me to get lost. So what more can I do? As its a Without prejudice letter, I cannot include this in my documents, but I can summarise their comments as I have done above. My second question is can they apply to the court for an indemnity from me? I guess my credit history is not great but I am not a registered bankrupt. However, I am on ESA and I understand that as a result, I am exempt from having to pay the court fees. I understand from the county court that I have to prove I am on ESA when I serve my writ and the court will waiver the fees. My third question is how do I go about trying to get legal aid. I cannot afford a solicitor. I asked this to CAB and I am sorry to say but they said they cannot help. The amount of loan is quite substantial as its over 5K. Will some one help please? Thank you Burmafriday.
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