CCJ from Dairy Crest - Help Needed Please

[scotty6kids]

Hi,

 

We received the CCJ pack from Banbury County Court recently in regards to an unpaid bill of £105 from Dairy Crest for the delivery of milk.

 

The claim form had additional charges etc. from the court and solicitor and the fun they were asking me to pay has increased to £188.88, I accepted the claim for returned it back to the claimant saying that I accepted the claim however I wanted time to pay. This form was sent back within 7 days of original receipt.

 

Yesterday, I received a letter from Banbury County Court telling me that as I had not responded, I was to pay the full amount within 14 days and the claim has been awarded to the claimant. This letter was dates the 16/02/2010.

 

Today, we have received the warrant of execution which is dated the 17/02 and says that unless I now pay £313.00 by the 23rd Feb then a Baliff will call and remove good for public sale...

 

I contacted Banbury court who said that I needed to speak to Dairy Crests solicitors in order to find out where the claim for I submitted was. I have done this as the lady at Brethertons said that I should have returned the form back to then, I advised her that there was a notice in the original claim pack telling me to return the completed admission for back to the claimant address which was Diary Crests HQ. She said this was wrong however she would speak to Dairy Crest to see if they have recieved it.

 

Phew !!

 

what can I do? the original debt was £102 and its now increased to £313 and there is a threat of baliffs unless I pay the full amount by the 23/02 which there is no ways that I can do.

 

I work during the day and I am worried that if Baliffs do turn up that my wife and kids will be in and they will somehow "gain" entry into the house whilst I am not here.

 

Can someone give me some advise please?

 

Thanks

[cerberusalert]

Moved to Bailiffs forum.

[scotty6kids]

ok thanks, sorry - I did not know where to post this entry and I am a little flustered with the whole thing

[jimbo45]

Hi there

I think you should have paid the Court - but in any case did you send by registered letter / recorded delivery your acknowlegement.

 

If you did and haven't received a reply I think you've got a decent "In dispute" thing going here.

 

DO NOT LET THESE BAILIFF'S IN UNDER ANY CIRCUMSTANCES.

 

You've offered 188 GBP (IMO the CCJ was for less --you only really have to pay the CCJ amount plus court costs --solicitors fees ARE NOT ALLOWED - I challenged Yorkshire Water on a 50 GBP Solicitors fee which they waived immediately).

 

I'd also write to the court explaining what's happened -- I don't know what to do next -- but you need to pay the amount you've offered to somebody --KEEP RECORDED DELIVERY / RECEIPTS.

 

DO NOT SPEAK OR HAVE ANYTHING TO DO WITH THE BAILIFF

 

In any case I don't think sufficient time has elapsed from a CCJ to getting it enforced in any case --you've got 28 days after judgement to pay it if you want the record removed.

 

 

Actually using the County Court mechanism for what might be really small amounts of debt - in comparison to things like Credit card deliquent accounts of several thousand pounds just shows how desperate firms have become.

 

Most Dairies would have allowed you to pay off the arreas over time -- well without wanting to seem facetious --get your milk from the Supermarket next time.

 

Again DO NOT LET THE BAILIFF IN. EVER.

 

Cheers

jimbo

[fluffy_bunny]

These will be court bailiffs (CEO's) not private ones.

 

Look on HMCS website for info on their actions and fees

[jimbo45]

Hi there

This apparently was a CCJ and it seems that 28 days hasn't passed from the CCJ hearing in which case enforcement is certainly NOT allowed.

 

Before any type of Court Bailiff action takes place ANOTHER COURT ENFORCEMENT hearing action has to take place.

 

Something about this whole episode doesn't seem quite correct -- in any case it would seem a bit overkill whichever way you look at it to use Bailiff's for a bill of just over 100 GBP.

 

The Court even gave you 14 days -- add that to 16 Feb brings you into March and if you haven't paid then they still have to go through the enforcement procedure.

 

Sounds either like a Bailiff "Phishing" trip or someone's Sols are pulling their luck.

 

If the COURT gave you 14 days on the 16th how can ANYONE get a warrant of execution on the 17th -- BEFORE the judgement period has expired -- this makes a TOTAL MOCKERY out of the whole system --something DEFINITELY is NOT CORRECT HERE.

 

Check please -

 

1) Date of CCJ

2) Dates of any further hearing for non payment

3) Enforcement notice papers

4) recept from creditor acknowleging your offer of payment.

 

Cheers

jimbo

Edited February 18, 2010 by jimbo45

[scotty6kids]

Hi, there are the dates etc from the paperwork

 

1) claim for issued in Banbury court on 27/01/2010 for £108.53 + £30 Court Fee + £50 solicitors - total of £188.53

 

2) paperwork sent back to the claimant on 07/02/2010 via first class postage saying that I accept the amount and wanted to make an offer to pay £20 PM

 

3) Judgment for claimant (in default) recieved dated the 15/02/2010 saying that I had to pay the claimant the sun of £108.94 + £102 in costs (£210.94)

 

4) Notice of issue of warrant of execution issued on the 16/02/2010 saying that I have not paid the judgement as ordered and that the claimant has asked for a warrant to be issued to the baliff to seize and sell my goods, unless I pay the amount due to the county court before 23/02 the baliff will call and may remove my goods. This will mean I have to pay further costs.

 

Total to pay including fees on the warrant (£313.19)

 

what are your thoughts?

Thanks

[scotty6kids]

quick update, I have just spoken to Brethertons who are the claimants solicitors, they said that I should have sent the claim form back to them directly not to directly to the claimant as the instructions suggest..

 

The person also said that she would contact Dairy Crest as they need to get sign of the acceptance form in order to consider a payment offer and that I should contact the baliffs myself and tell me that the judgement is indispute and to no come to my house.................hmmmm.

 

the person said that is she needed to baliffs to confirm this then they would be ok to contact her directly.

 

is this making sense?

 

I also mentioned that there was supposed to be a judgement period of 14 however she said that this did not apply as the claim form award used the word forthwith (probably spelt wrong)

 

any advise would be great.

 

Thanks

[ploddertom]

I think you'll find someone has been slightly economical with the truth. When you returned your Response back it should have been sent to the Court. As far as the Court were then concerned you had filed no defence etc and were found "guilty" by Default - the Claimant being awarded what they asked for.

 

The Claimant has known very well what you have done but have kept quiet - after all it is in their benefit for you to be adjudged against. For this very reason I wouldn't have anything else to do with them but would go back to the Court for further help and advice.

 

You could apply for Set Aside on the grounds you returned the Forms to the Claimant and not the Court. All this does however is to return you to where you are now. I think if I were you you I would file Form N245 instead which is an application for Suspension of a Warrant/Variation of an Order, this will allow you to try to put an instalment plan in operation but please note you have to submit Income/Expenditure and make an offer but remember the Court could overrule this and stipulate what you have to pay. You can also apply to suspend the Warrant as well.

 

The form is available on the HMCS website, I can't remember the fee but you may apply for fee remission on Form EX160 also available on the Court website.

 

My reasons for suggesting this route is that your Claimant failed to inform you that you had supplied the Court documents to them and also what other charges are they now likely to saddle you with. The Court will make a fair decision. Please remember a CCJ stays on your file for 6 years and affects Lenders if you apply for Credit.

 

PT

[ploddertom]

A little extra info on your CCJ and what it may mean.

 

Once awarded against you the CCJ will remain in place for 6 years when it automatically falls off - unless of course you haven't paid it off. Lenders look at your Credit History when deciding if they will lend you any cash or HP goods etc - chances are you will be refused. If you can pay within 28 days/1 month then you may apply to have it removed altogether so it doesn't exist. After this time and you have cleared it you can get a Certificate of Satisfaction which will then be noted on your Credit file ie the CCJ still shows but as paid in full.

 

As the debt does not appear to be a large one it may be in your best interests to be able to pay it off within the first month & thus have the CCJ wiped from your record.

 

PT

[scotty6kids]

just a little update that I wanted to share with everyone.

 

I received a letter this morning saying that the claimant has accepted the payment plan I put together on the admission form which I return to them and that the baliff has been asked to suspend the warrant.

 

I am still being told that I need to pay £313.19.... is this right as this apparently included baliff charges of over £100 even though no baliff will be needed?

 

I get the feeling that the claimants solicitors are trying to pull a fast one here as they are asking me to send payments directly to them as apposed to the claimant.

 

is this right or very wrong?

 

Thanks

[jimbo45]

Hi all

WHAT A STINKING mess -- charges of MORE than the original debt -- and I thought "Loan Sharking" was illegal.

 

You've offered to pay the CCJ -- IMO pay what the CCJ has requested and tell the otherrs TO GET LOST. There certainly hasn't been enough time after CCJ to get a warrant of execution -- and for such a small amount of money too.

 

What a Country we are becoming --saddling people who can usually LEAST afford to pay them with HUGE charges for relatively TINY amounts of debt and using the whole weight of the County Court system to enforce it while Bankers who miked the country DRY are enjoying almost OBSCENE amounts of money AT THE TAXPAYERS EXPENSE too.

 

I've been thinking for some time that It's definitely time I was "Out of here".

 

As soon as the Housing Market picks up a bit I'm selling and emigrating -- even Russsia is probably a better bet at the moment.

 

Cheers

jimbo

[scotty6kids]

thanks for the reply, in regards to the time between having the receiving the judgement in default and then the warrant of execution, it would have been inpossible to pay the amount on time even if I had the money in the first place..24 hours..

 

this is what I don't understand, when I asked the claimant solicitors about this they said that the a warrant of execution can be actioned at any time and does not have to wait a set amount of time, apparently the use of the word "forthwith" covers this.... (my middle English is a little rusty)

 

I am penning a letter back to Brethertons asking for a breakdown of all the charges however is there anything that I need to say or not say?

 

Thanks

[ploddertom]

just a little update that I wanted to share with everyone.

 

I received a letter this morning saying that the claimant has accepted the payment plan I put together on the admission form which I return to them and that the baliff has been asked to suspend the warrant.

 

I am still being told that I need to pay £313.19.... is this right as this apparently included baliff charges of over £100 even though no baliff will be needed?

 

I get the feeling that the claimants solicitors are trying to pull a fast one here as they are asking me to send payments directly to them as apposed to the claimant.

 

is this right or very wrong?

 

Thanks

 

Read post No 9, the solicitors are ripping you off.

 

PT

[scotty6kids]

Read post No 9, the solicitors are ripping you off.

 

PT

 

how do I stop them ripping me off? what would I need to do or say either verbal or written?

 

sorry to ask so many questions, can I request a full breakdown of charges etc and then hope that they will realise that I am checking the legitimacy of them.

[ploddertom]

Asking for a breakdown of charges will do you no good as they have already listed them on the CCJ you got, the Bailiff charges are on top of this which is why we get to over £300+.

 

Because of what happened with your original Court docs you really should go back to the Court and explain. The chance are you will then only have the original CCJ costs to pay and a payment plan set by the Court. In my view it is Form N245 you need.

 

I believe the Claimants solicitor now knows they cocked this up and are trying to cover their own back. They knew full well you had returned the docs to the wrong place but never said a thing.

 

PT