claimant has been told by the court to get a private enforcer

[Britupforit]

hi there i was recently sued for 4040 pound and now have a ccj against me the woman who sued me insisted it was paid immediately which i cannot afford as my business finished over a year ago i applied to vary the payment through the court which i have done today which she has refused to accept as it was only 10 per month even though other debtors have accepted this the judge reset the judgement and told her to get a private enforcer as i proved that i am in so much debt and my wife is ill and i now have to become her carer as she has multiple sclerosis so the judge ment still stands can anyone tell me

what i can do if this bailiff turns up

i have nothing of value that i own ie home furnishing no flash tellys or anything really am on the bread line

i have a car on disability for my wife it is leased from Motability its in her name can they touch this

can they touch lawnmowers or cookers or anything like that i have a set of golf clubs woth 70 pound new i have a pc can they touch this as my wife uses it a lot to communicate with friends

can anyone give some advice plz thanks

also i have 3 children in the house who have their own stuff in their rooms can they touch any of the kids stuff

Edited September 3, 2010 by Britupforit

[seanamarts]

Dont let them in, they cannot take anything that is on lease hire ie a motability car.

[seanamarts]

this may be of some help

http://www.dca.gov.uk/enforcement/agents02.htm

[impecunious]

As I know from my own experience, its relatively easy to get a judgment against you but enforcing that judgment can be almost impossible. You can't get blood out of a stone, so although your judgment creditor might want her pound of flesh immediately - tough cookies really! My outstanding CCJ is for almost £30,000 (won by default).

 

The judgment creditor should have done her homework about your financial cirumstances BEFORE she took you to Court, e.g. through an order to obtain information.

 

She can apply to the High Court for a Writ of Fi-Fa and then instruct HCEOs to enforce payment. However, if you don't allow them access to your property and move any vehicles away from your driveway etc. there is absolutely nothing they can do. Their charges can be extortionate but eventually they will get bored and return the case to the Judgment Creditor and she will have to pay "abortive" fees - about £60 I believe. Remember HCEOs don't need to advise in advance in writing of their intended visit. So keep alert.

 

I think you have your hands full at home, be strong, do as advised and don't stress too much (although I know that's easier said than done).

 

I pay £1/month to my judgment creditor as a gesture of goodwill. I would make token payments each month as a sign of your goodwill then try to forget it!

 

Good luck and keep us updated if anything else happens and we will be here to advise.

 

 

 

 

Impecunious!

[Britupforit]

As I know from my own experience, its relatively easy to get a judgment against you but enforcing that judgment can be almost impossible. You can't get blood out of a stone, so although your judgment creditor might want her pound of flesh immediately - tough cookies really! My outstanding CCJ is for almost £30,000 (won by default).

 

The judgment creditor should have done her homework about your financial cirumstances BEFORE she took you to Court, e.g. through an order to obtain information.

 

She can apply to the High Court for a Writ of Fi-Fa and then instruct HCEOs to enforce payment. However, if you don't allow them access to your property and move any vehicles away from your driveway etc. there is absolutely nothing they can do. Their charges can be extortionate but eventually they will get bored and return the case to the Judgment Creditor and she will have to pay "abortive" fees - about £60 I believe. Remember HCEOs don't need to advise in advance in writing of their intended visit. So keep alert.

 

I think you have your hands full at home, be strong, do as advised and don't stress too much (although I know that's easier said than done).

 

I pay £1/month to my judgment creditor as a gesture of goodwill. I would make token payments each month as a sign of your goodwill then try to forget it!

 

Good luck and keep us updated if anything else happens and we will be here to advise.

 

 

 

 

Impecunious!

hiya well my car is a leased motability car so i guess they cant touch that but have taken note that i will not be letting thewm into my house and will be making sure windows and dsorrs are locked

[impecunious]

I think you just have to mentally prepare yourself for a short-term seige! (Just in case HCEO's are engaged.)

 

Just make sure that you don't leave anything of value outside your property, eg. bikes, garden furniture, etc. You don't want any potential HCEOs to be able to levy on anything.

 

The judgment claimant does have other enforcement options at her disposal but I should imagine stands very little hope of being successful given your circumstances.

 

Due to your wife's condition, I should imagine that your household would come under the "vulnerable" status and this should also be to your advantage if you ever have to return to court etc.

 

Under the circumstances the judgment creditor should have accepted your offer of £10/month - big mistake on her part.

 

Don't let debt get you down, after all, someone said on here that it's just an entry on a ledger! You're the one in control of your finances and you decide how much you can afford to repay.

 

Good Luck!!

 

Impecunious!

[ploddertom]

Hi

 

Impecunious has given you the low down on the HCEO - it is a simple matter to stop them should that be the course of action your Creditor chooses. If you have no assets then you can still apply for a Stay of Execution and ask that it be made absolute.

 

The other alternative not mentioned yet is that your Creditor could just employ the Court Bailiff - will cost her £100 to do so but generally they are amiable and will soon realise you have no assets worth seizing.

 

PT

[Britupforit]

heys guys thx for all this advice appreciated

[caledfwlch]

I thought a decision to vary payments was up to the Judge, not the Creditor ?

[Britupforit]

Hi guys what u all said was correct i did what you said she never came back just fort id update u all thank you so very much now i just hope me new case goes so well

[tomtubby]

I have been answering enquiries as best that I can for the past 4 years and there in nothing is more annoying that the provide good advice and then to hear nothing further from the original poster. You are clearly an exception and thank you for updating the forum. Hope things work out well for you and your family......

[impecunious]

Hi guys what u all said was correct i did what you said she never came back just fort id update u all thank you so very much now i just hope me new case goes so well

 

Yes, I concur with TT. Great to hear updates. I'm glad it went well for you.

 

I stopped paying "goodwill token payments" to my creditor about 18 months ago and nothing has happened - so far. The sky hasn't fallen on my head and no further enforcement has been made. They literally can't get blood out of a stone.

 

Good luck with your new case.

 

Impecunious!

[Britupforit]

thanks so much guys im so glad i found this group your A++++++++++++++++