Is this enforceable?

[notobailiffs]

Ok this is too late in the day to stop the HCEO attending in the morning (as stated in their letter to remove goods).

 

No panic I will not be allowing him/her entry.

 

However I have been scanning the forum just to make sure that I have covered all aspects and senarios that may happen when I came across a post that said that a CCJ cannot be enforced if the defendants name is spelt incorrectly.

 

Well!!!!

 

I have now looked at the original county court claim and the defendants name is put as:-

 

J**** K***** T/A K***** Partnership

 

when in fact I was (business has since collapsed)

 

J**** K***** T/A K***** Craftsmanship

 

Is the CCJ enforceable and if not how do I go about informing the creditor that he has to call off the HCEO.

 

secondly can the creditor start a new claim against me or has he lost because of his mistake.

 

thanks for your time

[ploddertom]

Ok this is too late in the day to stop the HCEO attending in the morning (as stated in their letter to remove goods).

 

No panic I will not be allowing him/her entry.

 

However I have been scanning the forum just to make sure that I have covered all aspects and senarios that may happen when I came across a post that said that a CCJ cannot be enforced if the defendants name is spelt incorrectly.

 

Well!!!!

 

I have now looked at the original county court claim and the defendants name is put as:-

 

J**** K***** T/A K***** Partnership

 

when in fact I was (business has since collapsed)

 

J**** K***** T/A K***** Craftsmanship

 

Is the CCJ enforceable and if not how do I go about informing the creditor that he has to call off the HCEO.

 

secondly can the creditor start a new claim against me or has he lost because of his mistake.

 

thanks for your time

 

I think you will find this would be a minor point and not really arguable. May I ask did you know about the original CCJ and how much are they trying to do you for?

 

PT

[notobailiffs]

Thanks for the response ploddertom,

 

I did know about the original CCJ which was for £1650. I replied by filling in the defence form and giving my income £0 as am unemployed now and income - expenditure = -£36 per month so I had no money left over to pay them.

 

next thing I know I have a hand delivered letter from Marstons demanding immediate payment of £2669 or they would return with removal firm to sieze my goods.

 

After jumping on this site for answers i found the template letters to send to the HCEO to try and get it sent back to the creditor as I am a vulnerable person (unemployed) and the letter to the creditor requesting that they write of the amount owed because of my financial hardship.

 

3 days later I received the letter from Marstons stating that they would attend on the 18th August to remove my goods and that I should ring to arrange a mutual time for them to attend.

 

3pm and so far no HCEO

[ploddertom]

Thanks for the response ploddertom,

 

I did know about the original CCJ which was for £1650. I replied by filling in the defence form and giving my income £0 as am unemployed now and income - expenditure = -£36 per month so I had no money left over to pay them.

 

next thing I know I have a hand delivered letter from Marstons demanding immediate payment of £2669 or they would return with removal firm to sieze my goods.

 

After jumping on this site for answers i found the template letters to send to the HCEO to try and get it sent back to the creditor as I am a vulnerable person (unemployed) and the letter to the creditor requesting that they write of the amount owed because of my financial hardship.

 

3 days later I received the letter from Marstons stating that they would attend on the 18th August to remove my goods and that I should ring to arrange a mutual time for them to attend.

 

3pm and so far no HCEO

 

I assume you never rang to arrange a meet. If they have not gained entry then under no circumstances allow them in. Did you get any response to your payment proposals? Are you aware that the debt will keep rising because of statutory interest + Marstons will keep adding fees.

 

You can apply for a Stay of Execution which would halt all further enforcement action and charges. This is done on Form N244 and your reasons can be that because of your income, expenditure, assets and liabilities leaves with an inability to pay. If you go this route make sure you notify the HCEO of your intentions. It would be policy to complete another declaration of income & expenditure. As you have no means of paying the Court Fee also fill in Form EX160 for Fee Remission.

 

If successful the Court has the power to make the Stay "absolute" or for a period of time when you may have to apply again. You could also on this application offer to make a token payment of say £1 per month.

 

PT

[notobailiffs]

WOW!!!!!

 

Did not know that, thanks PT

 

will get onto it straight away