URGENT help - high court bailiff and CCJ i didnt know I had

[thekat1979]

Hi, I am hoping someone can help.

 

I got home today to find a letter from High Court bailiffs, stating that they had called to seize goods

and would be calling the following day to seize them, whether I was home or not.

 

The problem is that it is for a CCJ I did not know I had until three-four weeks ago,

as the CCJ was given to me at an address that I had lived at,

but did not live at at the time they did court proceedings

(I hadn't lived there around six months when it was granted).

I only found out when I got my credit file that it had been given just over a year ago.

 

I phone the high court office, and the lady said I needed to fill out an income and expenditure form

which she would send in the post, and that I should ring the bailiff to tell him I had spoken to the office.

I am on income support and disability benefits (DLA, SDA) as both I and my partner are registered as blind.

 

I phoned the bailiff on his mobile, and he said the fact the CCJ was put on me at the wrong address is 'by the by',

and that he would put the claim on hold for ten days.

 

 

The amount is nearly , and was from university where I was receiving a scholarship but had to leave due to ill health.

They had already paid me 3 months in advance, and I left after a month

(not a month into the PhD, I was in my third year, but a month into that particular payment), on their request,

as I got very ill and couldn't study any more.

 

 

I couldn't afford to pay the money back, as whilst they were paying in advance,

I was having to pay back debts in arrears, so the money had all gone.

 

 

A big chunk of the debt is in court costs and interest etc.

The university were paid in big chunks by the people that held the scholarship,

and them paid me every three months (they got the lump sum at the beginning of the academic year).

 

I just don't know what to do,

if I had known I had a CCJ I would have been paying it,

but \i am scared that they will not accept my payment offer,

which is going to have to be small, and they will come and take my stuff.

 

The weird thing is,

I got a letter in the post this morning from a debt collector,

telling me I owed 3100ish to this place,

and if I didn't pay within seven days they would apply to get a court judgement against me.

 

I'm scared and don't know what to do.

 

 

Please help.

[freakyleaky]

Hi Thecat.

I have flagged this up for someone who can help.

Hopefully they will be along shortly.

[tomtubby]

It would seem from your post that the High Court enforcement officer has put the account on hold for 10 days and that is great and the time needs to be used to get the Judgement SET ASIDE and to STAY THE PROCEEDINGS.

The EXPERT on such matters is Wonkey Donkey or Ploddertom and no doubt they will be along shortly to assist you.

As you had not lived at the address this should be a simple matter to set this set aside. Given that you are on benefits, you will be exempt from paying the court fee of £80. You will need to complete the EX160 Exemption form.

I would not suggest that you complete an Income & Expenditure at this stage. Instead, you should send an email to the High Court enforcement company. Something along the following lines should suffice and I would suggest that a hard copy is sent in the post as well.

Dear Sirs,

Reference number:

I am writing in connection with the above account that relates to a Judgment that appears to have been issued against me by default. The reason for this is that a summons had been sent to an address where I was no longer living. I only became aware of this matter when requesting a copy of my credit file.

Could you please note that I will be submitting an N244 to set aside the judgment and to request a stay of proceedings.

From advice that I have received today it would seem that I am classed as vulnerable according to the National Standards for Enforcement Agents. The reason being, that both my wife and I are registered as blind and in recognition of this, have been awarded Disability Living Allowance and Income Support.

Could you please note the above on your records and I would be grateful if you would please confirm safe receipt of this email.

Yours faithfully

[thekat1979]

Thank you - i am SO stressed by this. i have significant mental health problems too, i feel like that is getting worse with this

[ploddertom]

As Tomtubby has said you need to fill some paperwork out ASAP.

 

As you did not receive any of the original paperwork because it went to an old address you would be entitled to apply for Set Aside which resets the process from the beginning. The most difficult part of this is that you would also need a chance of not just defending the action but by being able to pay it. I assume at present you have no means of being able to pay this in full - what this means is that if the Judge was to grant Set Aside then at the later Hearing when the case is heard again you would end up with a CCJ anyway. For this reason I would suggest instead you apply for a Variation Order whereby the Court can set the level of payments. As you are on Benefits then this would be at a minimal level. A Variation Order is applied for on Form N245.

 

The most important application however is that of a Stay of Execution against the HCEO which if granted halts all further enforcement action & charges. The grounds you can apply on are:

i - you did not know of the debt until the HCEO attended

ii - you cannot afford the fees charged

iii - pending determination of a Variation Order application

This may be applied for on Form N244

 

As you are on Benefits you may be entitled to have the fees waived and this is applied for on Form EX160A and you will need 1 form for each application. When filling the forms out you will need minimum 3 copies of N245 & N244 and 2 of the EX160's. It does sound daunting but the N245 is a simple form & I can usually help with the N244.

[thekat1979]

Thank you - i shall fill them out today, and post here with any questions if thats OK.

[tomtubby]

I am sure that I speak for us all when saying that the subject of vulnerability is of great concern and for this reason, please do make sure that you post here so that we know that this problem is resolved.

[thekat1979]

Just a few things that I need clarifying, if you wouldn't mind, please

 

On form N244:

The name of Court - is this the one I will be using (my local CC), or the one the CCJ was awarded at which is the other side of the country?

Claim number - I don't have one I just have a high court reference on the HCEO form, will the claim number be on my CCJ entry on my credit file?

 

Q2 - I am defendant

 

Q3 - "I am asking the Court for a Stay Of Execution pending a Variation Order application.

A High Court Enforcement has been applied for against me, due to non-payment of a County Court Judgement that was granted by default. Court papers were issued to an address I no longer lived at, and I was unaware of the County Court Judgement.

I am registered blind, and claim out-of-work disability benefits (Disability Living Allowance, Severe Disablement Allowance and Income Support) and cannot afford the fees applied by the High Court Enforcement Office. If I had known of the County Court Judgement, I would have been paying money towards it regularly, and would not have incurred the High Court Enforcement Office fees."

 

Q4 - No?

 

Q5 - At a hearing

 

Q6-7 - blank

 

Q8 - County?

 

Q9 The HCEO? I have NO idea who the solicitor involved is as I have never seen any paperwork, and the HCEO paperwork just names the university as claimant.

 

Q10 - Evidence set out below.

 

"A County Court Judgement was entered against me by default.

The Court papers were sent to an address I no longer lived at, so I was unaware of the action.

I am digging through paperwork to see if I can find something, e.g. a bank statement showing me at a different address, or would a copy of my credit file be OK? I am on the electoral roll at a different address for that time period.

I only learnt of the Judgement when a High Court Enforcement Officer attended my current address.

If I had known of the Judgement, I would have been making regular payments.

I have submitted an application for a Variation Order for the County Court Judgement, as I am claiming out of work benefits (Disability Living Allowance, Severe Disablement Allowance and Income Support) and cannot afford to repay the Judgement in full.

I would like the Stay of Execution granted in relation to the Warrant of Execution that has been granted pending my application for a Variation Order."

 

Just to keep things separate, I shall ask questions about N245 on a separate reply.

 

Many thanks Sorry it took a couple of days, the stress brought on a migraine and I couldn't do anything until today.

[thekat1979]

Will a bank statement showing a payment of Income Support going into my bank account be acceptable as proof of benefit? I cannot afford to put the forms in if I have to wait for a letter to be received from the benefits agency. Gone are the days when you used to get a giro in the post on heade paper.

[thekat1979]

I cannot seem to find an N245 form

[ploddertom]

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

[ploddertom]

N245 - Variation Order or Suspend Warrant

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245_0204.pdf

[ploddertom]

For proof of benefits you usually get some form of award notice, as Benefits are up dated each year you should have a recent one telling you what they have gone up to. It is this that you will need. Don't forget you will need an EX160 for each application.

[thekat1979]

I have only received a letter from benefits about my Disability Living Allowance going up

 

Thanks for the help.

 

On the N245, do I need to tick the suspension of warrant AND the variation order, or just the variation one? I think I am being a bit dense here as I thought that N244 was where i was asking for the suspension of warrant? Do I need the 'high court reference' on the N245?

 

Sorry for the stupid questions.

[thekat1979]

I have a case number on my credit file beginning OCN - will this be the CCJ number I need to put in?

 

Thank you so much for all your help

[ploddertom]

On the N245 you only need to tick for the Variation. The suspension of Warrant is for those who have been visited by the County Court Bailiff who has a Warrant of Execution. You do not need the Writ number - to find the CCJ number it should be on the Form 55 the HCEO has left or alternatively it may be obtained form your Credit Files or from Registry Trust Online - fee £2 I believe.

 

When complete the Forms are better taken in person to your local Court, they may decide they can't deal with them - the N245 should go to the Court where the CCJ was awarded. You should explain about the urgency of the Stay and may be able to hear this immediately.

 

PT

[thekat1979]

One last question about where to send the forms. The CCJ issuing court was not the bulk centre, but it also was not my local court either. I assume I send the variation order to the court that issued the CCJ, is the same true of the stay of execution forms too? I only ask as if so, then this will all have to be sent by post. If I can hand them in at my local court, then that makes life a LOT easier as I can do it in person.

[ploddertom]

Is the 0CN followed by some numbers? Do you live in the Kent area?

[thekat1979]

It was 0CN with numbers...the court is Cheltenham, the claimant up north, and me in wales.

[ploddertom]

In that case you have the right number, the CCJ would have been awarded in 2010 I believe. Do you know if your local County Court also acts as a District Registry for the High Court? http://212.137.36.113/HMCSCourtFinder/ find your local Court from this list and it will tell you the services it has.

 

PT

[thekat1979]

Yes it has District Registry on the list, does that help?

[thekat1979]

Yes, it has District Registry - is that useful?

[wonkeydonkey]

Hi

 

Only just picked up on this thread but I see PT is steering you in the right direction so your in safe hands. I know PT retires early as he starts work at 'stupid oclock. but to keep you on track...if your local court is a district registry, they have the power to deal with both forms, many are not familar with HC actions but a little insistance and they will eventually accept them.

 

It is always by far the better route to take the forms to your local court in person and express the urgency to the matter, often is the case if the workload is not to heavy they have a 'spare' Judge who can hear your application straight away. If busy you will be asked to leave it with them and they are usually happy to give you the outcome by phone fax or email as long as you remember to ask them.

 

WD

[thekat1979]

Got an update for you.

 

Took the papers to the local County Court today, and they said as the CCJ and the High Court Writ were issued in Cheltenham, I needed to send them to there. I have herefore sent them today via special delivery, and will be phoning them tomorrow afternoon, to let them know about the urgency of the Stay of Execution form at least.

 

I am about to e-mail the HCEO (and will be printing and sending the same to them via recorded delivery) letting them know what I have done, and lettin them know that I am classed as a vulnerable person.

 

Just out of interest, and just in case the HCEO calls again, what does being classed as vulnerable do to a case?

 

Thanks so much for all the help, and I will of course keep this post updated.

[ploddertom]

Got an update for you.

 

Took the papers to the local County Court today, and they said as the CCJ and the High Court Writ were issued in Cheltenham, I needed to send them to there. Only partly correct, the N245 needs to go to the Court where the CCJ was awarded but the Stay can be applied at any District Registry, I agree chase this up as the Stay is the more important. I have herefore sent them today via special delivery, and will be phoning them tomorrow afternoon, to let them know about the urgency of the Stay of Execution form at least.

 

I am about to e-mail the HCEO (and will be printing and sending the same to them via recorded delivery) letting them know what I have done, and lettin them know that I am classed as a vulnerable person.

 

Just out of interest, and just in case the HCEO calls again, what does being classed as vulnerable do to a case? Have you read the National Standards for Enforcement Agents http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf page 9 applies. All enforcement companies are signed up to abide by these guidelines.

 

Thanks so much for all the help, and I will of course keep this post updated.

 

PT