Could some one please help a little..

[antspants]

Ok folks may be a long one..

 

I had a little company from home then i lived with grandparents..I had a Royal mail credit account for postage...So anyway i had problems with grandparents whilst she was going through cancer and i moved to my mums..

 

No i told royal mail were i was goingh and so on.

 

Anyway a few weeks ago my grandmother rang and said a ballif has just been you have been taken to court for owing £600 pounds to royal mail and he has left a walking possesion order.. Please note he never got into the house..

 

So i though crickey first i have heard of this so i called royal mail explained what had gone on and sure enough i owed them about £600 so i said ok shall i pay you then lady said yes and we will deal with the ballifs for you and put a stop to it.. So i paid them and she addmiteed that my accoutn had not been updated with my new address and hence i knew nothing about it..

 

So couple of weeks go by and then they turn up at my mums house and give here a walking possesion order for the full amount even though i have paid royal mail.. Also they did not enter here either..

 

So then i thought well must bjust be a delay in teh systems of letting them know..

 

So about another week goes by and now he has been back to my grandparents even though i called the soliciotrs and told them my new address was my mums..He has really upset my grand mother saying he is back next week and will take her good and any goods he wishes as he has the power to do so.. She did not let him in though he had he foot on door step all the time..

 

But again the charge is still the same..

 

 

So i have called the balliff and said what the hell i have paid..well he said no proof here i have a high court writ to take the goods and next week i will and i don't care who;s they are...So i called spratt endicot and told them they are checking with royal mail but still say i will need to pay all charges for balliff..

 

But i never even knew they were taking me to court or i would of paid the dam thing before all this..

 

Now there charges from ballif are massive HCEO fees are £527 for dropping off a letter at my mums uinsure if thsi is going to grandmothers first or not inculded..

 

 

The company is Andrew Wilson & Co who are trying to collect..

 

He also says on his newest letter that he will gain entry and take my goods without me even been there IS THAT TRUE ??

 

 

 

So Folks what on earth do i do and fast ?

 

Thanks

 

Antony

[antspants]

Also he has told my mother grandmother and sister who and what i owe this money for..Great eh witha big mouthed sister half teh woorld now knows...

 

Also i can not find this balliff registered anywere at all..He is named as J.Thoburn claims its Jonothan when asked..

[hallowitch]

because its a HCEO he does not have to be certificated

 

your grandmother can get a statutory declaration done to protect her goods this can be done at a solicitors and costs about £5/10

 

i will leave the rest to ploddertom he should be able to help with this when he comes on

i will send a PM to him to look in on this thread

[antspants]

Hey thanks for teh help.. Does that meen he will not be able to take anything from her home if he is shown this.. ?

 

My Uncle lives there still and he has stuff there would he need one too..

 

Thanks

 

Antony

[hallowitch]

Hey thanks for teh help.. Does that meen he will not be able to take anything from her home if he is shown this.. ?

 

My Uncle lives there still and he has stuff there would he need one too..

 

Thanks

 

Antony

 

 

both might have to do one not a 100% sure about that

 

only goods belonging to the debtor can be removed so once you get the statutory declaration done there goods will be protected

you will have to send a copy of the stat dec to Andrew Wilson & Co by recorded delivery

[Yoshiro]

Then i would apply to the court to have a stay put in place as you obviously didnt have the opportunity to defend yourself at the original hearing.

 

I dont know what will happen then, but becuase you have paid the debt off i am pretty sure that the ccj should go away, and so should the bailiffs......

 

Dont hold me to this, am just thinking out loud about what little i know!

[antspants]

Then i would apply to the court to have a stay put in place as you obviously didnt have the opportunity to defend yourself at the original hearing.

 

I dont know what will happen then, but becuase you have paid the debt off i am pretty sure that the ccj should go away, and so should the bailiffs......

 

Dont hold me to this, am just thinking out loud about what little i know!

 

 

Thanks but how do i apply to the court just call them ???

 

Issue is i don't even know what court it was...

[ploddertom]

 

So i though crickey first i have heard of this so i called royal mail explained what had gone on and sure enough i owed them about £600 so i said ok shall i pay you then lady said yes and we will deal with the ballifs for you and put a stop to it.. So i paid them and she addmiteed that my accoutn had not been updated with my new address and hence i knew nothing about it..

 

Do you have a name of who you spoke to? Do you have any paperwork from RM that will back this up?

 

So i have called the balliff and said what the hell i have paid..well he said no proof here i have a high court writ to take the goods and next week i will and i don't care who;s they are...So i called spratt endicot and told them they are checking with royal mail but still say i will need to pay all charges for balliff..

 

See below

 

He also says on his newest letter that he will gain entry and take my goods without me even been there IS THAT TRUE ??

 

See below

 

Antony

 

If you have an answer to the 2 questions above will be a good start.

 

Whar has happened is quite easy to work out however trying to sort it will possibly take a bit longer.

 

You had an account with RM and for whatever reason it fell into arrears. They took you to Court and got a CCJ probably Judgment by Default. With no payment still not coming they have transferred it through the High Court and you have now been attended by a High Court Enforcement Officer - HCEO. The fees they charge can be extortionate as they charge for each visit in the realms of £100's.

 

Having paid RM direct - and I assume they willingly took the payment - is that technically you have now discharged your debt. However you have a solicitor saying you still need to pay the charges. I would politely point him in the direction of his Client as they accepted payment and therefore it is them you should have to pay the associated charges - this is why the answer to the 2 questions are important. RM unfortunately are an archaic dinosaur and the left hand never knows what the right hand does - so don't expect too much help as I suspect they will now clam up.

 

There are a few things that you will need to do as enforcement will not stop whilst everyone investigates. HCEO's in the main are reasonably fair and I'm surprised at the attitude shown at your grandmother's as he knows full well he cannot break in to a residential property unless he has gained peaceful entry previously - the same applies to your mum's house. However if either property has detached buildings then he is entitled to break into those if he believes there are goods inside to satisfy the debt in whole or in part. To cover themselves both your mum & grandmother should fill in a Statutory Declaration for all goods on their respective premises - cost approx £10 each at a Solicitor.

 

For yourself you should go to HMCS website and look for Form N244, this is an application to Set Aside a Judgment - cost £75. As you never received the original paperwork it follows you never had the opportunity to mount a Defence/Counterclaim/ Payment plan, this means you have an entitlement to Set Aside the CCJ. You must also state in this application you have discharged the debt as soon as it came to your attention to the Claimant direct.

 

More importantly you also apply on the same form for a Stay of Execution pending a Set Aside Hearing against the Writ of Fi Fa the HCEO has. This halts any further action or charges. This is more important to do than applying for Set Aside.

 

Why do you need to apply for Set Aside when you have paid the debt off. This is because that against you or the company name will be registered a CCJ which I suspect is more than 1 month old. Even if paid now that still sits on your Credit History for the next 6 years. If you win Set Aside then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the Set ASide for this to happen.

 

I would suggest you fill this form in tonight - it has to be returned to the Court where the CCJ was awarded and take or post it first thing tomorrow. I would also email and follow up with a letter to the HCEO company what you have done - most will cease enforcement if you can prove the form has gone to the Court. If they should come calling then I would suggest you ask him to ring the Court for confirmation or if you have the paperwork back from the Court show it to him.

 

If you do win your Set Aside it is in your own interests to forward a Copy to the HCEO - do not trust the Claimant to do this. This should then mean any and all charges being dropped/returned.

 

No doubt I've missed bits so please go ahead and ask.

 

PT

[ploddertom]

Thanks but how do i apply to the court just call them ???

 

Issue is i don't even know what court it was...

 

The solicitor should be able to tell you - hint don't tell them what you are planning although they will probably guess.

 

PT

[antspants]

Thanks for your great answer...

 

I have spoken to Mum and Granparents and both are contacting solicitor in the morning..

 

I will do the above forms tonight.. Do i have to send the £75 with the form ? (A lot of money at present)

 

Royal mail were just delighted to take payment and even reopened my account for use again not that i will be in a hurry..

 

I was sent pillar to post so for as to who i spoke to i have no clue.. I do have proof on bank statment of the payment and i made sure it was full payment to clear all balance..

 

This bit lost me ?

 

Why do you need to apply for years. If you win set aside then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the set aside for this to happen

[antspants]

Hey on the letter i have here it says Oxford district registry sent from Oxford county court.. Is that were i sent this form ??

 

Also on the form.. It says claim number is this the writ number ??

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

Sorry forms and me do not mix..

[ploddertom]

Thanks for your great answer...

 

I have spoken to Mum and Granparents and both are contacting solicitor in the morning.

 

See below

 

I will do the above forms tonight.. Do i have to send the £75 with the form ? (A lot of money at present)

 

Unfortunately yes, have a look at Form EX160 you may be due for Fee Remission

 

Royal mail were just delighted to take payment and even reopened my account for use again not that i will be in a hurry..

 

I was sent pillar to post so for as to who i spoke to i have no clue.. I do have proof on bank statment of the payment and i made sure it was full payment to clear all balance..

 

This bit lost me ?

 

Why do you need to apply for years. Should read - Why do you need to apply for Set Aside - got dyslexic fingers.

 

If you win set aside then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the set aside for this to happen

 

Simple Statutory Declaration if needed.

 

PT

Statutory Declaration.doc

[antspants]

Hey on the letter i have here it says ccc district registry sent from county court.. Is that were i sent this form ??

 

Also on the form.. It says claim number is this the writ number ??

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

Sorry forms and me do not mix..

 

Any idea on these bits ?

Edited March 7, 2010 by antspants

[ploddertom]

Hey on the letter i have here it says XXXX district registry sent from XXXX county court.. Is that were i sent this form ??

 

Yes

 

Also on the form.. It says claim number is this the writ number ??

You need the CCJ number - may be towards the bottom on LH side? I'm assuming you only have High Court Writ in front of you.

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

You are still the Defendant

 

Sorry forms and me do not mix..

 

Any idea on these bits ?

 

May be better to take name of Court & District Registry out as the enemy also read these posts.

 

PT

[antspants]

Hey Plodder,

 

Are you able to tell me what i write in the What order are you asking for and why bit..Not a clue what i need to write..

 

Also Do i have to attend or write in the evidence box what happened and say i won't attend ?? the hearing bit also confuses me as it talks about with or without hearing..

 

Also do i pay you for this info if so do you take paypal..

[ploddertom]

Hey Plodder,

 

 

Also do i pay you for this info if so do you take paypal..

 

Really made my day.

 

No payments this site is all for everyone helping those less fortunate, you could however make a donation to the Site.

 

PT

[antspants]

I would Genuinely greatfull if you would let me pay you atleast enough for a bottle of wine.. But if you wish i will donate to the site..

 

Are you able to help with the above ??

 

Also these.. Level Judge.. Fixed date trial..Who should be served..

 

Or easier is there a way i can show you what i have written so you can check it over for me ??

 

Thanks

 

So so much

[hallowitch]

antspants

underneath ploddertoms name do you see the little scales next to red triangle click on them and add to PT reputation if you want to do something for him

[ploddertom]

Help with N244 - hopefully in order

 

Name of Court: County Court name

Claim No: CCJ Number

Warrant Number: Blank

Claimants name: Other party

Defendants Name: Yourself

Date: When you complete form

Q1: Your name

Q2: Defendant

Q3: Set Aside CCJ Number & Stay of Execution on Writ of Fi Fa Number

Q4: No

Q5: At a hearing

Q6: Blank

Q7: Blank

Q8: District Judge

Q9: Claimant

Q10: You can probably get yours in "the evidence set out in the box below"

In here you say why you are applying for Set Aside - you never got the original docs so never had a chance to defend yourself, make a counterclaim or offer a payment plan. Also state the debt has now been discharged in full on XXX date. You are also apply for a Stay of Execution pending the Set Aside. If you think it will take more space than the box allows then do it on a separate sheet of paper and tick statement of case instead.

Statement of Truth - must be signed & dated.

Full name - print your name here

Q11: need to sign & date again don't forget to put your current address in box - do make sure it isn't the address on the Writ.

Send with payment to Court or if you can go in person.

 

PT

[antspants]

Is the claimant Royal Mail or the solicitors who took me there..

 

Just worried if i put Royal Mail they will write to royal mail by which time Solicitors will be still gunnign for me..

Edited March 7, 2010 by antspants

[antspants]

Opps also got too claim number high court and county court ..Do i put both

[ploddertom]

Just above the top of the 1st post on RH side of page look to see if you have a Private Message.

 

PT

[wonkeydonkey]

If the Court issuing the ccj is some distance from you then you can apply to have the set aside heard at your local county court. I am sure PT will tell you this but thought I would add it just in case.

 

WD

[antspants]

na

Edited March 7, 2010 by antspants

[antspants]

Yes got it PT Thanks