Newbie needs help with CCJ

[parentalbackstop]

Hi all,

Apologies if I've posted in the wrong group - please redirect if so.

 

My son has received a Notice of Seizure (Form 55) posted through his letter box on Friday giving details of a court judgement against him. Although he recognises the debt he had no knowledge of the court case nor an opportunity to attend. He rents the house with a friend so doesn't know what goods have been siezed. Nobody entered the house and the form isn't dated at all.

 

He doesn't have any income at present (no, really!) as he's been trying to set up a small business without much success so far and he doesn't claim state help either. The only goods he owns are his bed, clothes and some things for the media business such as a camera, musical instruments and a desktop plus laptop PC

 

Is there anything that can be done?

 

This is all news to us so any advice would be appreciated.

 

thanks

PBS

[citizenB]

Are you able to phone the court on Monday morning to find out more about this.

 

I dont have any knowledge about 'Notice of Seizure' but I would have thought that other communication would have been entered into previously.

 

Hopefully someone with more experience in these matters will be along soon.

[citizenB]

Well, now I am really confused. I just googled Notice of Seizure and came up with the following from an Online financial dictionary.

 

Notice of Seizure

A letter or written notice from the IRS informing the recipient that authorization has been given to liquidate his or her assets in order to cover the income taxes due.

[citizenB]

I think your question needs to be in the following forum. Bailiffs & Sherrifs. Follow the link below by clicking on it. Scroll down and you will see other people with the same questions. If you read one or two of the threads it might give you some help.

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/

[I've got no money]

CitizenB is right in the sense that really this needs to be in the Bailff and Sheriff forum.

 

In terms of what it is a form 55 is the form used when a high court enforcement officer seizes goods to satisfy a high court judgment or a county court judgment registered in the High Court (If my memory serves me right there has to be a ccj for at least £600).

 

I haven't seen a form 55 for a while but I think it tells you the case name and number on the top. It's not likely to be about the inland revenue.

 

Your son - because the court won't talk to you - data protection - needs to phone the court on monday and find out what its' about. I suspect that its' a CCJ for more than £600 that's been registered in the high court for enforcement. Once you know post a thread in the bailiffs forum - High Court Enforcement Officers - used to be called sheriffs officers - they are a type of bailiffs who work on commission

[parentalbackstop]

Hi CitizenB,

Thanks for the quick response. I've read through the info on there and it sounds like prompt action for a Stay of Execution and some legal advice is needed.

The HCEO notice doesn't have any dates on it so I hope it's within the seven day period.

 

thanks again,

PBS

[parentalbackstop]

CitizenB is right in the sense that really this needs to be in the Bailff and Sheriff forum.

 

In terms of what it is a form 55 is the form used when a high court enforcement officer seizes goods to satisfy a high court judgment or a county court judgment registered in the High Court (If my memory serves me right there has to be a ccj for at least £600).

 

I haven't seen a form 55 for a while but I think it tells you the case name and number on the top. It's not likely to be about the inland revenue.

 

Your son - because the court won't talk to you - data protection - needs to phone the court on monday and find out what its' about. I suspect that its' a CCJ for more than £600 that's been registered in the high court for enforcement. Once you know post a thread in the bailiffs forum - High Court Enforcement Officers - used to be called sheriffs officers - they are a type of bailiffs who work on commission

HI,

Thanks for the update. I'll get him to ring Monday am.

cheers

PBS

[citizenB]

PBS, please keep us updated.

[parentalbackstop]

Update: Son rang High Coourt and got help with information about background and immediate steps to take. Has completed a 'Stay of Execution' form and sent it off with fee (£75) to save time, asking for another hearing as he was unaware of the first one.

Will update as it develops.

thanks for your help

PBS

[citizenB]

Progress, that's good.

[I've got no money]

Your son may also need to apply to set the original judgment aside. Does he know what its' about - is he certain that he owes it

[parentalbackstop]

Hi,

Yes, he recognises the debt and there's no dispute about it. Like most things, now it's out in the open we can help to resolve it and it would be good to do that without a CCJ hanging around. Getting the bill upped by about £500 due to court and HCEO fees doesnt help either. We'll see what the court says and take it from there.

 

The scariest part was having a siezure noticed pushed through the door with no apparent warning. Not that simple I'm sure but it looks like there doesnt have to be proof of delivery for notice of a court hearing and that feels wrong - even if it's the way the court works. Whatever happened to Recorded Delivery!

 

Getting straight on to the court this morning was good advice as they were very helpful. Let's hope it carries on that way.

 

cheers

PBS

[parentalbackstop]

Hi all,

 

Attended court but no success. Because he recognised the debt and is willing to pay then there is no defence. The fact that he cannot pay doesnt matter. The original judgement still stands and would have been no different if he had attended the original hearing. We were also willing to pay but that would not remove / reverse any CCJ, which will stand. It's possible to pay the bill and then apply for a settlement certificate but that doesnt wipe out any CCJ record.

 

Given that he has no possessions or regular income then the best advice was that the HCEO cannot take what he doesnt have. Worry is though that he shares a rented house with a friend and the HCEO would gain entry and sieze goods that belong to his friend. The CAB said that his friend would have to show receipts for everything he owns - a fairly ridiculous suggestion. I know that I couldnt do that for my own house for instance!

 

All in all then it looks like the best option is to pay the bill and work on the others before they get that far.

 

 

Thanks to you for your advice and I hope that the update may help someone else.

 

cheers

 

PBS

[sequenci]

The CAB said that his friend would have to show receipts for everything he owns - a fairly ridiculous suggestion. I know that I couldnt do that for my own house for instance!

 

They could create a sworn statement to outline the items which are theirs. Much easy that the receipts route. Bear in mind that the HCEO doesn't have an automatic right to gain entry to the property so do not let them in. I would also challenge any 'collection' fees too.

[citizenB]

SOrry to hear the outcome wasnt better. At least you are now aware of the problem and can help him sort out any other debts before, as you say, they are at this stage. I hope your son realises what a fantastic parent he has.

[robcag]

 

All in all then it looks like the best option is to pay the bill and work on the others before they get that far.

 

 

Hi PBS

 

If you look around these forums you will find many people who through no fault of their own have experienced some event which has changed their ability to pay their monthly statement amounts, be that unemployment, illness etc. They then find themselves forced into the position where they cannot pay even though they may wish to pay.

 

Before long the evil DCAs are on their case putting them under immense pressure, and trying to force them into paying money which they genuinely have not got, and therefore cannot pay. Will these DCAs listen? Not usually, and they often use underhand and even illegal methods to try and get their pound of flesh. They don't care what the result of their action is, just as long as they can get their commission.

 

Have you considered the fact that some of these debts might not be legally enforceable? Again, if you look around the forums, you will find many people who are in a similar position to your son, who have become aware of the fact that these alleged debts are nothing more than that, alleged. Backed up by case law, the CCA1974 was enacted to protect the consumer, so why not do what parliament intended, and the higher courts have stated, and use the CCA1974.

 

You may have already seen elsewhere that you can find out whether a creditor or a DCA has a legal right to enforce an alleged debt by sending a CCA request.

 

If you wish to do this, then you can use letter 'N' from the templates section, and it is advised you head it I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU PURPORT TO REPRESENT

 

You will need to enclose a £1 postal order (so that you do not have to sign a cheque), and do not sign the letter either as then there is no possibility of an unscrupulous DCA copy & pasting the signature.

 

Good luck

Rob

[robcag]

PS

Use Recorded Delivery at the very least, but Special Delivery (£4.60) is preferred.

[parentalbackstop]

Hi All,

Thanks for the encouragement and advice. We've resolved the first couple of debts now and are trying to get to grips with SLC.

 

Received a demand from Pennine and followed up with letter N and suggested disclaimer in heading. Used recorded delivery even though it's a Selectapost address (sounds like a PO Box) as that's the only one they give. We're waiting for a response within the stutory timescale.

 

Student loan has had some repayments made even though son has never earned more than minimum wage and he has had numerous requests for deferment ignored / rejected.

 

Will update notes as case proceeds but welcome any advice about SLC.

 

Again, no dispute about need to repay loan but expect clarity on outstanding amount and any charges being applied. Also, would expect to repay loan when in a position to do so.

 

cheers

PBS

[citizenB]

Thanks for the update PBS, sounds like you are getting things organised. BTW, I understood that student loans were only repayable once a certain level of income was beang earned?

[parentalbackstop]

Hi citizenB,

Yes that's true and I believe the figure is something like 75% of national wage but reality is that if you miss a deferment request for any reason (could be you forgot or even that it wasn't received) then they start the follow-up procedure and there's no going back, no matter how hard-up you become.

 

I have read that Government is rethinking the whole procedure but in the meantime the SLC just do follow-up regardless of the ability to pay that formed part of the original agreement.

 

cheers

PBS

[citizenB]

Sounds like typical Labour government (un) joined up thinking to me. Good luck