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Given the degree of misunderstanding about an N245 Application (together with inaccurate advice about enforcement of a writ of control by a High Court Enforcement Officer) a debtor is reporting online that her debt has increased by almost £1,000. Background: On 2nd December the debtor posted that she had received notification from a High Court Enforcement company that they were enforcing a CCJ. She made clear that she wanted to pay the debt within one month of the date of the judgment (17th November) so as to ensure that her credit rating was not affacted. On receipt of the Notice of Enforcement she contacted the enforcement company to advise that she could not pay immediately and wanted to make an arrangement to pay by the 17th December. As this was outside of the Compliance stage, the enforcement compoany correcrtly advised her that any arrangement would involve a personal visit by the Enforcement Officer and a Stage 1 fee of £190 plus vat would be chargeable. She was advised to file an N245. She was wrongly advised that enforcement would cease. ON 11th December she made a series of desperate posts as she was having trouble completing the N245 and was becoming very anxious as the matter had to be resolved within 6 days (by 17th December) otherwise a record of the judgment would appear on her credit file and remain there for a further six years. On the same day (11th December) she was advised to pay the judgment debt £890 (minus bailiff fees) online to the creditor. She did so. She also file the N245.....and paid a court fee of £50 Yesterday, she posted back in desperation. The enforcement officer has once again visited and the debt has substantially risen to £1,928 (Stage 1 and Stage 2 fees have been applied). The enforcement company stated that they had contacted the creditor a few days beforehand and that apparently, their records did not record her direct payment. This has now been amended. National Debt Line have advised her that the enforcement agent is indeed entitled to his fees. The court have not yet received a response from the creditor in relation to her N245 Application (which is about right given the Christmas period). She has now been told to file an N244 in the High Court. The McKenzie Friend has offered to refer her to his ‘solicitor’. She needs to pay another fee of £150 for this. This is in addition to the N244 fee of £155.
I am a single parent and a carer of a young person with a severe disability. Because of chronic illness I have been unable to work for a number of years . I have a second mortgage with First Plus which was paid by my PPI insurance. Unfortunately PPI insurance with First Plus is only for the first 5 years of the loan. I got into serious arrears with the loan when the PPI policy expired and First Plus took me to court in May to repossess the property. Fortunately I had surgery in February which corrected by health issues. I had a job to start in June so was able to gain a suspended possession order from the court. The terms of the suspended possession order was that I paid the 600 loan plus 200 per month against the arrears. In June I had to make a 4k payment off the arrears. I had to sell my car to do this. I paid the 4k off the arrears by the due date as per the court order.I did however run into difficulty in July because my new employer does not pay till the 28th and my payment was due on 20th. I therefore paid the 600 on the 20th and the 200 off the arrears a week or so later when I got paid. I have done this for the months of August and September too. To my dismay on Saturday I received a letter from Evershed's the solicitors for First Plus stating they were applying to the court for an eviction date. I tried calling First Plus on Saturday but they refused to talk to me about it as the matter was with their solicitors. I tried calling Eversheds but of course there is nobody there until Monday. I am after being back to work only 3 months in a position to pay on the 20th rather than the 28th when I get paid. I have written to Eversheds and have sent them photos of the receipts to evidence that I have paid all the money I should of. On Saturday I did tell First Plus that I can now pay on 20th by direct debit. First Plus told me that they are unable to set a direct debit for me as the matter was with Eversheds. They also said this in June when I made the same request. I have had to make the payments by cash into Barclays. Can anyone please give me any advice. I could not sleep last night, the stress is enormous. I plan to ask the judge if I can change payment dates to the 28th and if I can pay by direct debit or standing order. I will go to my bank and set up a standing order for the 20th of each month anyhow. I will go to the court tomorrow to ask for an emergency hearing to stop the eviction. Why are First Plus so unreasonable. There behaviour is so aggressive. Just as I thought I was getting my life back on track. Thank you