need urgent advice on debt i dont owe

[needsadvice1]

i recently had a balif at my door telling me i owe a £1700 debt to a local news paper from 2008 when i was trading as a buisness that i closed around the same time. this was the first i had heard of it and they have not told me what its for! its been to court (without my knowledge) and they say they are going come and recover the debt. i went bankrupt last year so if i had known about the debt (which im 100% sure i dont owe, being as i have, to my knowledge, never advertised or anything else in said newspaper) i would have put it on the bankruptcy. i have been on the voting register since i closed the buisness so im not hard to find. this is the first corespondence i have had about the apparent debt. i need to know how to dispute this asap and make it so they cant try to take my stuff! any advice greatly appreciated.

[ploddertom]

Is it the County Court Bailiff that has called or a High Court Enforcement Officer? You may need to contact the Court where the CCJ was awarded to gain further info - have they left you the CCJ Claim No?

 

PT

[needsadvice1]

they are from a company called high court enforcement (whether that means they are a high court enforcement officers i dont know?). i do have a claim number and the court it went through.

[wonkeydonkey]

If you have no knowledge of the debt and have received no Court papers to the claim then you can apply for set aside and stay of execution. It is for the claimant to prove the debt is yours not for you to go chasing them around denying it. If they have goofed then let them pay the penalties!!

 

WD

[ploddertom]

What has happened is that you appear to have been given a CCJ, no payment has been made, the Claimant has now transferred it up through the High Court for enforcement of the debt. High Court Enforcement Officer fees can be very high although most can be argued.

 

You must find out fromthe Court what this is all about - it may be they have you confused with someone else, mistaken identity. If no joy with the Court then ring the Claimant direct and ask them. If it turns out you do owe we can help you fight this, if you don't owe then you want some recompense for all the hassle.

 

PT

[needsadvice1]

wd: how do i go about getting a set aside?

 

pt: def not mistaken i.d. they had the buisness name address ect. i think i had them trying to sell me add space at some point in time but it would have been pointless cos they dont really cover the area the buisness was in!

 

 

thank you both for promt response!

[wonkeydonkey]

I am tied up at the moment but will get back to you asap if nobody gets to help with that advice in the meantime.

[ploddertom]

Does it tell you anywhere on the paperwork you have as to when the CCJ was obtained, & was it at your local Court?

 

PT

[caledfwlch]

The OP has said he went bankrupt last year.

 

The debt is gone.

[needsadvice1]

caldfwich: did go bankrupt last year but as had never heard of debt before did not put it on the forms. does this mean it still gets wiped or not?

 

pt: it was local court, from what i can tell it was feb 2009 and i closed the buisness and moved out of the premisis in nov 2008.

[caledfwlch]

caldfwich: did go bankrupt last year but as had never heard of debt before did not put it on the forms. does this mean it still gets wiped or not?

 

pt: it was local court, from what i can tell it was feb 2009 and i closed the buisness and moved out of the premisis in nov 2008.

 

It will be gone afaik. It's why your Bankruptcy will have been advertised in the London Gazette - creditors are supposed to check it. My parents went BR and there were a few things they did not know about, but it was still gone.

 

http://www.insolvencydirect.bis.gov.uk/eiir/IIRNameSearchMapIE.asp

 

See if your still showing up on that register - im not sure how long names stay on for.

 

Contact the HCEO and or the court and just point them in the direction of your Insolvency Practiioner.

 

Sadly, your poor creditor has probably just wasted a load of money, first on a CCJ, and then kicking it over to the Bailiffs. Oh Dear.

 

If you have your BR paperwork, or cert of discharge etc, maybe fax a photocopy to bailiffs and or court.

 

And have a little smile at the fact you have wasted a bailiff's time

[needsadvice1]

your a diamond! im going to get on to that first thing in the morning! few things in life more satisfying than annoying a balif