Man I owe money to is harassing me and court says he's making stuff up to threaten me. Help!

[Ganymede]

Seems to be a lot of confusion in this thread.

 

Manuka, the Court Order that you typed up is a CCJ that you now have against you, but if you pay it in full within 28 days then it is possible to apply for a Certificate of Cancellation from the Court which will essentially make it like the CCJ never existed on your credit report etc.

 

As for the Bailiffs, because the CCJ is forthwith then a Warrant of Execution can be applied for immediately. Once the Claimant makes the application and pays the fee it will probably take a week or two for your first visit. You won't get notice of the application and it is a fairly automated approval of the application by the Court.

 

Costs of the Warrant will be added to the debt but it will be more like £102.25 and not the £800.00 the Claimant I'd trying to scare you with.

 

For such a small sum, if it were me I would pay it tomorrow in full to put an end to it all...

[Manuka15]

You're wrong Ganymede. No CCJ has been entered against me. The court order is NOT a judgment, it's an order asking me to pay. If I do not pay, the court can eventually enter judgment against me. However there is no CCJ at present - I checked with the court and they explained all this to me. Where did you get your facts from?

[Manuka15]

PS, Ganymede, even the Creditor himself has now admitted that he can't apply for a Warrant of Execution until or unless there actually is a CCJ and he accepts that there is no CCJ.

[Ganymede]

I'm not sure who you have been speaking to at the Court but somebody is getting their wires crossed.

 

That Court Order is essentially the same as a County Court Judgment and is enforceable "forthwith" i.e. immediately.

[DuffNCustard]

YOu could request a re-determination from the court - the forthwith order means make full payment within 28 days - including any costs incurred if they are spelled out in the court order. A redetermination is when you ask the court to give you more time to pay the debt in installments. It is extremely unlikely that you would not be granted this additional time as you have made a more than reasonable offer. During the application for redetermination and once installment order has been granted there is no way that your creditor would get the approval of the court to enforce payment via bailiffs. In the redetermination hearing you should show the Judge the threatening letters - to do this is actually illegal and where creditors take it upon themselves to usurp the power of the courts, Judges take a very dim view of this.

[Manuka15]

I'm not sure who you have been speaking to at the Court but somebody is getting their wires crossed.

 

That Court Order is essentially the same as a County Court Judgment and is enforceable "forthwith" i.e. immediately.

 

No it is not. The court is not wrong - you are wrong. At the time of the directions hearing, the District Judge said that if payment is not made within a certain timeframe (28 days I think) then a Judgment WOULD be entered against me in future but that the result of this hearing was NOT a judgment. Calls to two different people in the Court Manager's office today have told me the same thing.

 

Surely the court staff and the District Judge have more of an idea of whether a judgment against me exists than you do Ganymede?

[Manuka15]

YOu could request a re-determination from the court - the forthwith order means make full payment within 28 days - including any costs incurred if they are spelled out in the court order. A redetermination is when you ask the court to give you more time to pay the debt in installments. It is extremely unlikely that you would not be granted this additional time as you have made a more than reasonable offer. During the application for redetermination and once installment order has been granted there is no way that your creditor would get the approval of the court to enforce payment via bailiffs. In the redetermination hearing you should show the Judge the threatening letters - to do this is actually illegal and where creditors take it upon themselves to usurp the power of the courts, Judges take a very dim view of this.

 

Thank you. That is what I will do then! Do you know if there is a particular form used for requesting a re-determination hearing?

[andydd]

If I were you I would make the best effort to pay asap, perhaps borrow the money from someone/somewhere ?

 

Whilst it does appear he is jumping ther gun somewhat, he cannot get bailiffs involved 'in anticipation', the bailiffs would be organised by the court, and there would be a cost to him (perhaps £100) that would eventually be recovered from you.

 

The use of 'forthwith' by the court appears somewhat odd as it has no real definition, normally at the end of the hearing there is a quick discussion as to a suitable time frame, 14 or 28 days being the most common.

 

If you really havn't got the money then all you can do is hang on and hope that enforcenment proceedings/warrant is not issued in the meantime.

 

Andy

[Ganymede]

No it is not. The court is not wrong - you are wrong. At the time of the directions hearing, the District Judge said that if payment is not made within a certain timeframe (28 days I think) then a Judgment WOULD be entered against me in future but that the result of this hearing was NOT a judgment. Calls to two different people in the Court Manager's office today have told me the same thing.

 

Surely the court staff and the District Judge have more of an idea of whether a judgment against me exists than you do Ganymede?

 

 

 

Ok fine, was only trying to help. No need for the aggressive tone...

[Manuka15]

If I were you I would make the best effort to pay asap, perhaps borrow the money from someone/somewhere ?

 

 

y

 

Unfortunately I really haven't got the money. I'm going ahead with the instalment payments of £100 a week. Since the debt is under £300 it won't be too long before I've cleared it. I think once the Creditor gets the first £100 on Tuesday he will probably calm down a bit.

[Manuka15]

Ok fine, was only trying to help. No need for the aggressive tone...

 

I really appreciate you trying to help Ganymede. It's just that I really don't think the Court would be repeatedly lying to me about whether there's a judgment against me or not!

[Ganymede]

I really appreciate you trying to help Ganymede. It's just that I really don't think the Court would be repeatedly lying to me about whether there's a judgment against me or not!

 

 

No worries.

 

They might not being lying but remember Court staff are just admin guys and have zero legal training.

[Bang!]

Did anything come of the threat to write to your landlord?

 

Do you think you may have acted confrontationally/aggressively prompting his acting this way?

[Manuka15]

Did anything come of the threat to write to your landlord?

 

Do you think you may have acted confrontationally/aggressively prompting his acting this way?

 

He only made the landlord threat yesterday. I haven't really interacted with him at all so there's no danger of me having been confrontational - quite the opposite really. I think he was convinced he wasn't going to get his money back and was going completely over the top in some respects.

[Bang!]

For a small debt it just seems an overreaction.

[Ell-enn]

I think you're plan to start making the £100 payments is sensible - once he sees a couple of payments coming into his account he may not apply for a warrant after all. Each time you make a payment - send him a letter or email stating the date, time and method of payment.

[the_shadow]

You have 28 days to clear this debt from the date of court judgement(the order the judge has given you),once the 28days have passed its automatically registered as a judgement against you on the CCJ trust website, even if you pay it off then it will show as a Satisfied CCJ on your credit history for 6 years.

 

S.