enforcement of judgement debt-advice please ?

[Mr Worried]

Hi To All

 

Just an update.

 

I called the HCEO re registered letter I sent them etc, he said he was not very happy with me stalling him till I got the Stay, I replied I was not happy with...1 Your office telling me you were outside my house with a van...2 Pressuring me to use cc to pay amount...3 constant reminders that you were ' on your way '...4 not heeding my requests to have payment plan. 5 Constant lies from your office.

 

He then said, you will need lots of luck getting your variation order as it is a commercial debt?

 

What a pratt?

 

Mr W

[babybear39]

Make a formal complaint to the court.

[sillygirl1]

Is it a commercial debt, who is it too... this HCEO needs a formal written complaint to the court about his behaviour. Get that done ASAP.

 

Don't forget to counterclaim against charges etc etc etc and against the way they used the courts to enforce this...

[Mr Worried]

Hi All

 

Commercial debt? I dont know, it is a mate who got ccj v me, is that commercial. ?

 

SG, you have thrown me now, how do I start to look at charges etc, HCEO charges?, I thought my defence would be simple. ie, I + E, form along with proof of my other hassles and lack of monnies.

 

Mr W

[ploddertom]

Hi To All

 

Just an update.

 

I called the HCEO re registered letter I sent them etc, he said he was not very happy with me stalling him till I got the Stay, I replied I was not happy with...1 Your office telling me you were outside my house with a van...2 Pressuring me to use cc to pay amount...3 constant reminders that you were ' on your way '...4 not heeding my requests to have payment plan. 5 Constant lies from your office.

 

Please now stop contacting them - it will do you no good in the long run.

 

He then said, you will need lots of luck getting your variation order as it is a commercial debt? Doesn't matter, he is trying to put you off as he can see his money disappearing.

 

What a pratt?

 

Mr W

 

Was your Stay granted "absolute" or for a period of time and did it depend on you taking other actions - such as going for the Variation?

 

PT

[Mr Worried]

Hi PT

 

The order states.....Listed for 20 mins to pay by installments.

 

Enforcement is stayed in the Interim.

 

So is my defence gonna be easy, or can I get my teeth stuck into something else, as I am not happy with the figure's quoted.

 

What happens to the HCEO Charges?

 

Mr W

[ploddertom]

Hi PT

 

The order states.....Listed for 20 mins to pay by installments.

 

Enforcement is stayed in the Interim.

 

So is my defence gonna be easy, or can I get my teeth stuck into something else, as I am not happy with the figure's quoted.

 

What happens to the HCEO Charges?

 

Mr W

 

That appears to me that as long as you pay your debt by any agreed instalments then no more enforcement can take place. If your instalments are too much at present you need to reduce them which is why I assume everyone urged you to complete the N245 for a Variation Order - you really need to do this ASAP or otherwise there will be every justification for them asking for the Stay to be lifted and enforcement continue - although you can't get blood out of a stone. The Writ itself is only valid for a year but may be renewed upon request so may not go away.

 

PT

[Mr Worried]

Hi PT

 

So do I make a variation order now or on the date given to attend by the Judge, as that is what the hearing is for?

 

Mr W

[ploddertom]

Hadn't realised you have a separate Hearing date. If this is for your Variation have you got together your I & E to prove you can't afford the present payments but can make an alternative albeit at a much lower rate.

 

PT

[Mr Worried]

Hi PT

 

Seperate date?

 

All I have is the date for hearing as regards the stay, I explained in my reasons for stay was because I could not afford the repayments previously agreed, so I believe by the desciption of stay, that we are to agree monthly payments.

 

My defence should only be I + E, plus a bit of politeness from me, no real sob story because my reasons for not paying

are true.

 

Mr W

[ploddertom]

Stick with it, be polite, above all be truthful and don't try to pull the wool over the Judges eyes too much on I & E.

 

PT

[Mr Worried]

Hi PT

 

I dont intend to, as he will be able to see quite clearly the state of my affairs.

 

Mr W

[Mr Worried]

Hi To ALL

 

I have a court day for Monday 4th Oct, However I have been offered some work away for that week leaving Sunday return following Sunday, will I be able to adjourn this hearing, if so how do I do it?

 

Mr W

[ploddertom]

You cantry by ringing/attending in person but it may be too late. If the hearing goes ahead without your presence the other side will almost certainly win.

 

PT

[Mr Worried]

Hi PT

 

Just as I thought, however I will give them a call later.

 

Mr W

[Mr Worried]

Hi All

 

I am looking for a little pre-court advise ( Oct 4th ) re the above case, What should my defence be, and how should I se this out.

 

I was going to do a I + E then write a brief description of my downfall ( standard paper )

 

Should I ask for a duty solicitor? or just plead my case.

 

Any help and advise will be appreciated.

 

Mr W

[Mr Worried]

Hi To All

 

Bloody HCEO, just knocked at the front door, hi HCEO come to remove your goods. I told him re court case and stayed till December hearing, he said, no nowt about that am taken your gear?

 

I smiled and said wait in your car, gave him a copy of the court papers etc, he said ok ta ra.

 

Were they trying it on, how did they not know what went on when in the court room when I was advised that they were on standby re outcome of case.

 

can I complain to courts and them too?

 

Be back later got to nip out.

 

Mr W

[ploddertom]

Claimant is responsible for the actions of the HCEO. Must admit I did smile at the outcome - well done.

 

PT

[Mr Worried]

Hi PT.

 

They bloody knew in my opinion, as the HCEO had the writ of stay from the courts, and on the hearing , the claiment ' my old mate ' called them in front of me and said..no you cant, the judge ruled with Mr W, so they knew ok.

 

Must say tho, I laughed when my OH walked in from the school run and berated, who's that freak in my car parking space, I replied 'nobody' he's just about to leave.

 

Mr W

[ploddertom]

Well, if they do it again you could always have them back in front of the Judge for non-compliance & harrasment.

 

PT

[Mr Worried]

Hi PT

 

Can I not do that in anyway?

[ploddertom]

You could but the HCEO will blame the Claimant for not informing them The Claimant in turn will say he sent the paperwork. Now they have had the paperwork on the doorstep gives them no chance of any future excuse - if they try the old he didn't say when he called lark they will get short shrift and the Authorised HCEO could be hauled up in front of the Lord Chancellor.

 

It may pay to register a complaint at the Court but don't hold your breath for too much action at this point. Of course if someone has had a row with his better half over the toast then that could be a different matter.

 

PT

[Mr Worried]

Hi PT..Over the toast?

 

Is it really worth complaining then, I will if it will have any effect, would they really be hauled in front of the chancellor?

 

Mr W

[wonkeydonkey]

I think PT is aying any action taken at the moment would probably not be of much interest to a Judge, unless of course he started his day ruffled by an arguement with OH at breakfast and is looking for someone on which to vent his anger. It might pay you to just sit back and give them enough rope to eventually hang themselves with then register your carefully logged and detailed complaint with the court:wink:

 

WD