help with writ

[dannybro]

hi there don t know if this is the right place to put this as i am not to good with computers, here goes i was in a business partnership which folded last year most of my suppliers excepted my arangement offer but one did not they took me to court and after determination they got judgement of £10 per month in may this year so i made the £10 payment well before time i spoke to the count court to make sure that it was £10 per month they said yes it was a joint judgement and £10 per month total which i paid a couple of days ago an enforcement officer turned up saying he had a high court writ and unless i paid the now 5100 pounds he would have to take goods i spoke to nat debt line who said the writ should not have been given as the payments are upto date so i rang je baring and co of london who got the judgement a lady on the phone said i had missed a payment as it was £20 per month because there was 2 in the partnership i asked her to ring the court to find out after 2 days she still had not bothered and said i would have to find the money to pay the bailiff which i don t have the bailiff is still saying i have to pay she won t ring the court and then call the bailiff off no one will tell who gave out the writ to apply for a stay but surely this is wrong and must beable to got to a court to get the bailiff stopped any advise would be grateful cheers

[gh2008]

Hi,

 

I have very little experience in this area, however I am sure someone with more knowledge will be along soon.

 

Do you have the original judgement after the determination hearing?

What does it say?

 

I would phone the original court and verify these details, and then tell them what's going on. They were the ones that authorised the case to be referred to the High Court for enforcement.

 

If, it turns out you were mistaken and that the enforcement is legitimate then, if you are able to get to London you can get a 'Stay of Execution' you need to make an N244 application (details on the National Debtline's website) http://www.bdl.org.uk/images/31_dealing_with_debts_in_the_high_court.pdf you can deliver it in person, you'll see a Master and you will be granted a stay.

That *should* call them off although in my case they just ignored it !!

 

You can do the application by post although time may be of the essence.

 

hope that helps even if it is just a little bit

 

gh

[dannybro]

thanks for the reply gh i ve been in touch with the county court and they have confirmed that it is a judgement for £10 per month not £20 i ve wrote to j e baring and co for a copy of there complaint procedure as its there mistake the court said they should not have applied for a writ if all payments are made which they are up to date the bailiff said he as a duty to enforce the writ even though i ve told them thats it wrong and they said the only people that can stop it would be je baring the business debt line can not believe that they don t know the law regarding joint judgements who do i complain to regarding baring cheers

[gh2008]

Bump

 

If you don't get help by tomorrow, click the triangle to get some help.

 

The enforcement should never have been allowed as you are keeping to your payments. The County Court would have accepted their application for enforcement, so I suppose you'll need to make an application there......

 

TBH the Baliffs are probably just 'doing their job' although a stay of execution (as above) should stop them whilst this is all sorted out.

[dannybro]

thanks gh i rang the court again and baring have phoned them to find out the terms of the judgement but still have not cancelled the writ i need to find out the court that the writ was taken out with but know one wants to tell me just seem to be going round in circles thanks

[gh2008]

i need to find out the court that the writ was taken out with but know one wants to tell me just seem to be going round in circles thanks

 

In your first post you said it was a "High Court writ" therefore it was taken out in the High Court.

 

All the info to get it stayed is in my posts above.

[dannybro]

hi yes but when i rang the high court up in london they said they have them in major cities around the country and i needed the ref number of the court that gave it out which is where iam struggling to get answers for the lady said for the london court the ref no would start with wf but the creditor won t or can not say where it was taken out cheers

[gh2008]

Use the original county court reference number from the original judgement. They will be able to cross-reference it from that.

 

As the debtor is not given notice of the writ it would seem they never get to know the WF number ????

[dannybro]

thanks gh will give it a try thanks for your help

[sad443]

danny which part of uk do you live, you can only be in jurisdiction of one high court so tell us where you live then we can tell which high court applies to you, you then have to go to that high court to set aside the enforcement, and that is how you can get rid of that enforcement. also you say you were in partnership but what form of partnership limited or just partners that will make a lot of difference. in partnership you are liable for your partner debt which means if he does not pay you have to pay. ask your partner to pay the £10 and if he does not you just have to pay that extra £10. go and pay any outstanding that your partner has not paid (if he is not prepared to pay) . as far as the £5100 is concerned you must pay the outstanding by your partner, straight away . do not waste time. they are on right side of the law i am afraid.good luck

[dannybro]

hi thanks for the reply live in lincolnshire yes just a business partner the judgement was for only £10 per month and all payments are upto date, so the writ which the nat debt line say should only be given out if the payments are missed which in this case they have not, spoke to marston and they even said the if the payments have not been missed then the writ should not have been issued and it needed je baring to cancel it let me know which court cheers

[lets fight bailiffs]

sorry only just found you.

do you have a copy of the General form of judgment or order from the county court ?

[dannybro]

hi there i have the judgement fo claimant ( after determination) form is that the one letting me know what to pay per month

[lets fight bailiffs]

hi there i have the judgement fo claimant ( after determination) form is that the one letting me know what to pay per month

 

so on that does it not say what court it is from you should have a

General form of judgment or order, and this is the order of the judge on the day it was heard and the amount you have to pay the bailiff company should also tell you what court it was sent from to them.

[gh2008]

Surely if Marstons are operating as HCEO rather than bailiffs then the stay of execution application needs to go to the High Court i.e. Royal Courts of Justice (Queens Bench Division)

 

On the application you can attach a draft order which would, in effect, say that as long as you keep to the existing installment order no enforcement can be taken.

 

gh

[lets fight bailiffs]

Surely if Marstons are operating as HCEO rather than bailiffs then the stay of execution application needs to go to the High Court i.e. Royal Courts of Justice (Queens Bench Division)

 

On the application you can attach a draft order which would, in effect, say that as long as you keep to the existing installment order no enforcement can be taken.

 

gh

 

Agreed, but this should have never left the county court as that was where the payment plan was agreed and therefore should never gone to a HCEO for collection and would be the judgment creditor at fault.

also you can call the creditor and tell thm that you believe that the high court enforcement officer is wasting there money as you have alway paid you plan on time.

[dannybro]

hi there thanks for your reply the county court is northampton i ve rang them and they say it was a high court that issued the writ not them, i ve phoned the creditor j e baring and co to find out why it was issued as they are the creditors solicitors they said i had missed a payment and they said there understanding was the judgement was for £20 per month as it was a partnership, but according to the county court it was a joint judgement and the judgement says £10 per month they said that baring was wrong and told me to ring them and tell them to ring the county court and they would confirm it but baring have not got round to that yet so in the mean time i have the marstons chasing me marstons said it was the high court in london that issued it so i rang them they said not i rang marstons again and they said northampton had issued it so i rang them and they said not told baring that i needed the high to put in a stay they claim they don t know and said i would have to find the money which i am afraid i can not as i don t have it i don t even own anything worth that much just feel that i told the county court every penny i have coming in and the creditor is not happy so are putting me through it

[gh2008]

I'm having a very similar time, if you follow the instructions in my posts it will stop marstons in their tracks whilst this is all sorted.

 

Marstons will not listen to you they will only take notice of an order from the High Court.

 

Not sure if you're in a position to jump on a train down, but it can be stopped within about 30 minutes in person. You *may* have to go back at some stage for a hearing (although in your case I doubt it) (I'm going for mine on Thursday - wish me luck lol )

 

After you get the stay you can argue the toss with the solicitors and marstons safe in the knowledge that as long as you obey the HC order they can't touch you

 

gh

[dannybro]

thanks for that gh you say i can do this by post you wouldnt know the address to send the form to and is it the n244 form i have to fill in cheers

[dannybro]

hi all thanks for advice the hceo as been called off the creditor finally rang the court and found out they were wrong but they don t like that so they have put an application in to increase the monthly payments ive just had a notice of transfer of proceedings to my local court does anyone know anything about this thanks again you ve been great

[lets fight bailiffs]

it would be best for you to attend and if you say you had the said agreement and stuck too it from day one with no default there would be no rieson for the judge to change anything and you could also tell the court that if it was to increase you are afraid that there may be times that you can not offord and may cause you further debt and if you had defaulted then you could understand them wanting to increase the amount but you have not defaulted. and yes they will be very cheesed off as all the fees the bailiff was going to charge you they now have to pay GODS JUDGEMENT i would say ha ha.

[dannybro]

thanks l f b yes will attend do they let me know when it is yes they deserve the fee s but i think its wrong that they can send a bailiff after me when i ve done what a judge told me to do seems wrong talking fee s they put a 4000 up to 5000 just like that that seem s outrageous cheers

[lets fight bailiffs]

yes you will recieve notice in form of general form of jujgment or order

with date and time and i would have thought that you will get around half hour hearing.

 

Hope i have helped

 

LFB

[dannybro]

hi lfb of to cc tomorrow thanks for your help they have said they are allowing 10 mins for the case cheers

[lets fight bailiffs]

good look.

 

make sure you have everything that you need to say set out, with paperwork at the ready as 10 mins is not long.

i'm sure the judge wont over turn the last judgement because you have not defaulted.

please let us know how it turns out i will have my fingers X.

 

LFB