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

[thekat1979]

Just to update.

 

The HCEO have not acknowledged my e-mail, or the copy of it sent by recorded delivery (which arrived yesterday), so i have no idea if the HCEO is going to back off while the court papers are dealt with.

 

i haven't heard back from the county court in cheltenham, and the stress of everything has caused a relapse in my mental health issues, and i am too scared to ring them to tell them it is urgent

 

I really hope the court do things before the HCEO calls again. I accidentally put all copies of my court paper in the envelope i sent to cheltenham, so don't have a copy i can show the hceo if he comes around again.

 

The local CC tried searching for the high court writ, but said it wasn't coming up on their system, which is why they said they couldn't deal with it at my local court

[thekat1979]

Still haven't heard from Court or HCEO. What can I do if the bailiff calls again?

[freakyleaky]

Send a PM to PT and see if he can take a look at this again.

[ploddertom]

Have you contacted the Court to see if they have received your forms? Unfortunately until such time as a Stay of Execution has been granted the HCEO may attend to enforce the debt, one reason why it is best done in person.

[wonkeydonkey]

It can take a while for the paperwork to be processed, cut backs closed many Courts and those remaining are struggling to cope with all the extra work. Don't panic and try to relax...if the HCEO calls again simply refuse to deal with him, you have notified them of the stay application and they know they can still enforce until it is in place but they also know it would be frowned upon by any Court if they can be seen to be harassing you.

 

WD

[thekat1979]

hi, i just received an e-mail from the HCE asking me to provide proof that i have applied for a variation order (it says setaside/variation order(.

 

the thing is i have sent every copy of my court papers to the gloucester CC - i know i should have kept a copy but i am on a lot of medication for my mental health, and didn't think. i haven't heard a thing from the CC, i have proof that it was delivered as i have the royal mail thing. however i have no way of proving what was delivered. i haven't received any documentation from the CC and just assumed it was because they are busy.

 

the HCE say if i don't provide proof within 2 weeks they will be calling around again. this is, by the way, in response to an e-mail and recorded delivery letter i sent to them a month ago.

 

i was starting to feel less stressed about it and was calmly awaiting the CC papers to arrive, but now i am very upset and anxious.

 

hope someone can help me.

thank you

[thekat1979]

and sorry i didn't reply to last few posts, i didn't get any e-mail notifications. i shall check back here regularly.

[thekat1979]

Hi all,

 

An update. turns out they sent the papers back to my old address despite being told several times on the documents i sent them that i had moved, giving the new address and stating my current address in the 'info regarding this case should be sent to' box. i hadn't included enough evidence of benefit so they sent EVERYTHING back to that address.

 

i had to rewrite and resend everything again, and they granted the stay of execution and sent the variationorder request to my local court.

 

i received a letter today giving me a date for a hearing for the variation order application, in about a week. it doesn't tell me anything other than turn up so i have no idea what to expect, what i should take, whether i can take someone with me, etc. i have visions of the big courtrooms and being grilled left right and centre and having to show how every penny i spend is allocated. in short i am scared.

 

can anyone shed some light on what i should expect or bring?

[ploddertom]

No big Courtroom, claimant may not even turn up. Usually held in a room with Judge at top of table - usually in a suit. Quite an informal affair although you must be prepared to answer questions. Most important advice is to dress conservatively & smartly, be respectful and answer questions truthfully.Male Judge is addressed as "Sir", female as "Ma-am". Good or bad result thank the Judge at the end & certainly do not interrupt.

 

Go over the form you sent in paying heed in particular to I&E submitted. They will not force you to pay more than you can afford you cannot get blood out of a stone.

[jamese333]

I would say make sure that you have all of your paperwork with you and spend some time over the next couple of days getting it organised into a folder. Put together a chronology of events in the case to date - make it simple and fairly brief as it will help you to quickly find dates and identify the key important elements of your case. Prepare a summary of what your case is based on the advice you have been given so far - the judge will appreciate you being organised and prepared because you make his life a lot easier. Every day between now and the hearing just take some time to read through the file so that you are familiar with everything and you will start to feel a little better about it.

 

Remember that the main job of the courts in civil cases like this is to first of all determine who owes what to whom. In your case you accept the original debt is due and are not arguing about that (I don't think but I haven't read any of the threads in between the first and last pages here). Once that is established the court's role is to effectively aid the process of how this will be repaid. I would advise completing an income and expenditure form that you can give to the judge on the day so that it can be determined how much you can reasonably afford each month to pay towards the debt. However tight things are I would advise trying to ensure that you do have a minimum monthly payment that you can make, even if that is little more than a relatively nominal figure.

 

The court are not going to judge you and you have done nothing wrong - remember that! If you are representing yourself then you will find that the judge will provide you with some assistance. I would also advise getting to court a little early - when you arrive at the court there are people there that will help point you in the right direction for the hearing (sometimes just security but they will help). You will need to let the Court Usher know that you have arrived so that they can mark it on their list (they let the judge know who is in attendance for each side when he is ready to call you in). Ask the usher if there is anyone who has arrived for the other side yet - if they have the usher will tell you their name and if they are a solicitor / the litigant etc and will point them out to you. I always think it is worth trying to have a brief chat with them prior to the hearing to find out what their position is and what they are hoping to achieve from the hearing. Break the ice by asking them what will happen at the hearing - if they are a solicitor or counsel and you are acting for yourself, they have a professional obligation to explain a little about the process to you.

 

Speaking to the other side remember if it is a solicitor or counsel, these are professional people that have no emotional attachment to the case. They will quickly realise your situation, particularly if you are vulnerable, as will the court. It's never a nice feeling having to attend court (I guess it's something pre-programmed in us all that reminds us of that feeling of being in trouble at school and getting sent to see the head!) but remember, you have done nothing wrong! Think of the judge as someone who can help you to unravel the mess that you have found yourself in - they can't and won't make the debt go away so for your part work out what you can really afford to pay and stick to it! As long as you do then there is nothing the bailiffs can do.

 

There is plenty of excellent advice from people on the site which you will most likely need following the hearing. I suspect there may be an issue over the level of fees the bailiffs will be looking for but will defer to those more experienced heads on here that continually provide excellent advice.

 

A couple of final points: stay calm no matter what the other side says to you or claim in the court. Be respectful to the judge and address them as "sir / madam". Always wait for the judge to finish speaking, however tempted you may be to cut in. Don't in interrupt anyone - you will get your chance to speak or refute claims you don't agree with even if they are blatant lies. The more preparation that you do the more comfortable you will feel.

 

Hope that helps and good luck!

[thekat1979]

Hi all,

 

Finally have an update.

 

The other side didn't bother turning up - even though they were the claimant.

 

The judge granted a variation order for £10 a month, which is more than the £4 I offered, but still just about manageable.

 

He said he wouldn't remove the High Court fees - which are more than £1300 as the CCJ papers were sent to an address I HAD lived at - even though it was concil owned temporary accomdation and the only people I gave that address to were utilities and bank as we didn't know if we would be there a week or a year. He says that because I HAD lived there six months previous to when they sent the papers - despite being on the electoral roll at my new address - then it was 'reasonable' for them to serve the papers to the temporary address and he considers the papers served legally It is going to take me 40 YEARS to pay the money off, at least if he had taken the HCEO bits off I could have paide it off in around 30 YEARS...I have not been given any details of where to send payment for my first installment - the Variation Order arrived in the post this morning, ten days after being in court - and my first payment is due on 1st of every month, so I am about to send a cheque to the university finance department with a request for their bank details so I can set up a standing order. Fingers crossed they get back to me. I have told them in the letter that I enclose a cheque, but that I am accepting the judgement under protest - might as well let them know how I feel.. I'm not horrible, it is calm, just stating that I did not believe that I owed the money but am not in a position to be able to defend myself so am accepting the judgement under protest.

 

Anyway, thank you for all your help, it has made a very bad and stressful situation much better. Thank you.

[thekat1979]

A further development is that today, a letter dated yesterday, from the solicitorsarrived giving me an account of theirs that they say i have to pay £10 into by tomorrow or they will send the high court officers around. However, as i hadn't heard anything by yesterday, i sent the cheque to the uni asking for bank account details to put it into for a standing order from next month. I don't know what to do

[wonkeydonkey]

You have paid the £10 direct to the claimant which unless you were ordered otherwise was sensible.....you should write to the 'solicitor' and complain, pointing out the Court did not distinguish who payments were to be made to and they themselves have had ample time to clarify matters so you find their demand to be threatening and uncalled for.

 

WD

[thekat1979]

I really hope you can help.

 

 

I had a CCJ placed against me around 4.5 years ago,

and as they served the papers to an incorrect address (despite having my actual address),

I didn't know about it until High Court Enforcement officers turned up.

 

 

I got advice here and asked for an order to make a payment plan (it was 3k and I couldn't afford to pay it in full).

I don't believe that the people who are chasing me for the money are actually the correct people,

but apparently the courts don't agree.

 

 

I did get the order varied, and have been paying the amount I was ordered every month.

 

 

On months where finances have been very strapped I have had to pay my money by bank transfer rather than SO,

but it is ALWAYS on the correct day.

 

 

Apparently, a few years ago the solicitors who were dealing with the case changed firms,

I got a letter on headed paper and duly changed the standing order details to match

(even though they sent it in standard font when I am blind and told them I couldn't access it without someone reading it for me

which I was ashamed for someone to do).

This was Rickerby's being made into another company, Harrison Clark Rickerbys if I remember.

 

 

I recently got an e-mail saying that things were changing again,

and that I now had to pay a completely different solicitors

and would I like to make a payment arrangement with them

as they 'noticed I was behind' on my payments of £20 a month

- which is NOT what my monthly payment even is!

They said if I didn't catch up immediately then they would take me back to court for the full amount.

 

 

I asked them if they could please prove themselves to me,

as I am worried that if I change the info I am paying to that I'll be in breach of my CCJ, and I don't want that.

 

 

They also couldn't provide me with any info on the amount of the debt etc,

just the name of the 'debtor' This new firm is TnC.

I just kept getting nowhere with them over e-mail,

 

 

today, after a good 2 months of to-ing and fro-ing from them,

I have received a forwarded e-mail from the second firm (Harrison Clark Rickerbys)

saying that they can confirm I have paid £380, and that they had £40 in a cheque that they would send on to them.

 

 

I then got a completely separate e-mail from Daniels Silverman 'Proactive Debt Recovery and Investigations',

saying that they are acting on behalf of their client and if I don't pay the full amount immediately they will take 'further action'

and that I am to pay it in full within seven days, and that the money is not to go to anyone but them!

 

 

I really don't know what the hell is going on,

I don't want to be in breach of the CCJ,

I am just starting to get myself on an even keel, but not sure where to go.

 

 

I have not contacted the original firm of Rickerbys - or the one they merged into

- as I THOUGHT I was doing everything right.

 

 

I didn't want to mess anything up, and as I am blind,

I couldn't find the papers I needed for reference numbers etc

and I just really do not know what to do

Who do I pay?

What do I do?

They seem to be changing who I pay the money to every year.

..I could accept a merger, and did,

but this all seems fishy to me and I'm not sure what to do.

 

 

I have paid every month, skinting myself regularly to do so,

and it is completely out of control.

 

 

Are they able to change any of the details of a CCJ without going back to court,

from what I do understand, if I wanted to change anything then I would have to go to court.

 

 

It isn't even for a debt I feel I owe,

but I don't have the mental health to fight,

and this is making me more ill again

(I am being treated by the local community mental health team for a variety of issues).

 

 

What am I to do?

What is appropriate behaviour from them?

Am I right to be suspicious?

What can I do?

 

 

Sorry for the long post, and I hope it makes some sense?

 

Many thank

Edited September 14, 2015 by dx100uk

[SabreSheep]

Hi TheKat

 

I have formatted your post so it is easier to read, I hope you dont mind.

 

Something sounds really fishy here. Im not an expert but I thought if the person to be paid by ccj had to remain the same and could only be changed by the court.

 

I will plant an SOS for you and have someone look at this post.

 

Regards

 

SS

[AndyOrch]

Hi

 

Is the following thread in connection to the above ?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348604-URGENT-help-high-court-bailiff-and-CCJ-i-didnt-know-I-had

 

Regards

 

Andy

[unclebulgaria67]

Speak to your local mental health team about this and ask for help. Perhaps they can write a complaint letter for you.

[thekat1979]

sorry Is there anything I can do, I am so confused and scared. and no worries about re-formatting.

Yes, sorry, I couldn't find my previous post so tried to summarise in my post.

thank you.

[AndyOrch]

Hi theKat...

 

It is quite normal for Solicitors that deal with judgment payments on behalf of their clients to change...so nothing to be concerned of with regards to that.

 

With regards to the amount...that cant change as it was set once you submitted your variation request (N245).So anything with regards to that disregard....the amount can only be changed if the Judgment creditor makes application for a re determination of the payment....and the court would write/inform you if that had happened.

 

All you have to do is telephone the initial Solicitor (Harrison Clark Rickerbys)? and clarify who you should be making payment to so you can change the details of the standing order.Once you have the details contact the new Solicitors and request their account details...also inform them that the payment will be be £ x per month as per your N245 application.

 

And then this is resolved.

 

Regards

 

Andy

[thekat1979]

Thank you all for your help. I shall contact Rickerby's and confirm they want it paying to the new person. Then amend standing order accordingly. Thank you so much for your help.

 

K