Urgent help please - panicing a bit - writ of fifa for ccj

[dilbert1]

This could turn out to be a longish plea for advice, but I'll do my best to keep it short.

 

My wife and I need to rent a new property soon, so I thought I'd check my credit file before Homelet do, and make sure everything looks OK'ish.

 

I found two CCJs on there, one satisfied, which I knew about, and another one for £807, dated 16/02/2007, which I knew nothing about.

 

I have enough money in my account to pay the original judgement, and am quite happy to do so but...

 

I eventually found out the claimant was Incasso (?sp), on behalf of Anglian Water. I've phoned Incasso, who said the amount was actually £909 now, due to their charges, but they'd passed it onto Sherforce, for high court action, and told me to phone them.

 

I then phoned Sherforce, who were quite unpleasant on the phone, and told me that the debt was now £1739, because of their costs. They said they've visited me 3 times, @£150 / visit, not sure where the rest of their costs come from. I told them I was happy to pay the original judgement amount, but they said I needed to pay them all of the money today, or they'd send someone around again to remove goods, and charge me more. They wouldn't move from this position.

 

(I warned you this might get long...apologies).

 

I then phoned the National Debtline, who were really helpful. They told me to phone the issuing court for the CCJ (Northampton Bulk), and find out if the matter was in the county or high court, and what enforcement action had been taken (if any).

 

The court has told me that a 'writ of fifa' had been granted on 3rd December, '07, for the CCJ amount - they were very surprised that the company had taken this approach for such a small amount.

 

National Debtline then told me that if an enforcement officer arrives, don't let them in, leave all doors and windows shut, etc.

They also told me that the charges Sherforce were applying were illegal, and pointed me at 'The High Court Enforcement Officers Regulations 2004' which show the fees that can be charged. They also said that I should ring Incasso, and pay them the original CCJ amount and no more, and that I didn't need to involve Sherforce. Incasso would have to accept my payment, and could not ask for any more.

 

Tried phoning Incasso back, but havn't gotten through to them yet, so thought I'd seek some advice here before I try again.

 

I guess my questions are:

- Is the National Debtline right on this? Incasso basically told me earlier that I now need to deal with Sherforce rather than them, and I fully expect them to say that again when I call them again. Would be great to be able to tell them they're wrong, and all they can (and must) accept is the original £807 CCJ figure.

 

- Is there any way that Sherforce can demand this crazy £1700 figure? There's no way I can afford that sort of figure, and I'm really worried about that.

 

All I really want to do is get this debt cleared, so my credit record shows the CCJ as satisfied, so I can proceed with the house rental. We've found the property we want, but the landlord wants to move quickly, but I'm told Homelet will say no if I have any unsatisfied CCJs on my record.

 

Any advice gratefully received - I'm still really worried about all of this, and just want to get it resolved one way or another.

 

Thanks for reading

[dilbert1]

Meant to add; it seems to be the opinion of National Debtline that none of the fees quoted in The High Court Enforcement Officers Regulations 2004 can actually be charged to me, since those charges require execution of the writ to occur.

I'm not sure what that execution bit really means though...does them saying they've visited me (even though I'm sure they havn't!) count as execution, or do they need something from me to confirm they've executed, or am I missing the point entirely??

[I've got no money]

I think that the National Debtline advice is spot on - there clearly has not been an execution of the writ.

 

The reason that they passed the debt to the sheriff is that the sheriffs officers work on commission and are much more likely to get the judgment paid than the county court bailiff who are civil servants employed on a salary.

 

Execution requires an active step in the enforcement process

[Heathliver]

Sherforce are trying to charge me for three visits although I was in at the times they claimed to have called and they have the wrong address on the writ of fi-fa. You are right about their Indian call centre, they are unpleasant and unhelpful tosay nothing of duplicitous. Will update everyone after going into court

[dilbert1]

Would be very good to hear how you get on; what are you actually going to the court for (if you don't mind me asking?)

[Heathliver]

It would help if you knew weither the original CC writ was served to the correct address and if you would have been able to pay it at that time. Again, were you approached by Incasso prior to the writ of fifa being issued. You may be able to apply to set aside the original judgement.

[Heathliver]

Tomtubby knows a lot more about this than I do and would be able to give you better advice. Don't put too much information on the public areas as they are read by Bailiffs and High Court Enforcement Officers.

[Fair-Parking]

The answer is already on thread. You pay the £807 and no more to Incasso. That's it end of matter. Don't phone them. Don't contact anybody else. The judgment is for £807. Nobody else has any judgment or court order to say you owe more or any amount at all to anybody other than Incasso.

 

Write the cheque (payable to Incasso), send it.

 

Job done.

[tomtubby]

I found two CCJs on there, one satisfied, which I knew about, and another one for £807, dated 16/02/2007, which I knew nothing about.

 

 

I am not an expert on High Court Enforcment but will do my best. If correct that you did not know anybting about this CCJ then it is in your interest to apply to have this CCJ set aside. You need to contact the COUNTY COURT....not High Court and apply on an N244 to set aside the jusgement AND Warrant of Execution.

 

 

I then phoned the National Debtline, who were really helpful. They told me to phone the issuing court for the CCJ (Northampton Bulk), and find out if the matter was in the county or high court, and what enforcement action had been taken (if any).

 

As the CCJ togther with court fees is over £600, then the creditor has requested that this debt is transferred up to the High Court for enforcement.

 

The court has told me that a 'writ of fifa' had been granted on 3rd December, '07, for the CCJ amount - they were very surprised that the company had taken this approach for such a small amount.

 

I do not know why they are surprised......so many creditors are now taking this route to enforce payent. Within the past month, HCEO queries account for approx a quarter of all enquiries !!

 

 

 

National Debtline then told me that if an enforcement officer arrives, don't let them in, leave all doors and windows shut, etc.

They also told me that the charges Sherforce were applying were illegal, and pointed me at 'The High Court Enforcement Officers Regulations 2004' which show the fees that can be charged. They also said that I should ring Incasso, and pay them the original CCJ amount and no more, and that I didn't need to involve Sherforce. Incasso would have to accept my payment, and could not ask for any more.

 

I am very surprised indeed at this statement as Incasso would have paid to have this debt transferred up to the High Court for Enforcement and as such fees would be due to Sherforce. The fees would certainly appear to be very high and I would strongly suggest questioning these, in particular that you say that there is doubt as to whether they attended or not. In this respect you are fully entitles to request a copy of the screen shot of their account as proof.

Our office have received assurance from Sherforce that if anyone wishes to dispute the fees charged that they will pay for the cost of a detailed assessment. If you want to contact me via pm I can provide further details.

 

I guess my questions are:

- Is the National Debtline right on this? Incasso basically told me earlier that I now need to deal with Sherforce rather than them, and I fully expect them to say that again when I call them again. Would be great to be able to tell them they're wrong, and all they can (and must) accept is the original £807 CCJ figure.

 

I would certainly suggest applying to set aside this judgment as mentioned earlier.

 

- Is there any way that Sherforce can demand this crazy £1700 figure? There's no way I can afford that sort of figure, and I'm really worried about that.

 

Our office are currently in correspondence with the courts and indeed other interested parties concerning the fees being charged by High Court Enformcent Officers. I will respond on here when more information is available.

Edited June 14, 2008 by tomtubby