High Court Sherriff visit to my house today - threatened to break in

[Upsetandfrustrated]

Is it possible I can get some urgent advice please.

 

My fault, I had an argument with a solicitor over her bill. She told me that the original issue I consulted her over would be straight forward and require no more than £1400 of work. I had to pay up front, but at the end of the case, which I lost, she presented me with a further bill of £567.67 for sundries.

 

To cut a long story short, I sent her a letter asking for clarification and a breakdown of the costs, which she failed to provide. I made a complaint to the Law Society about the Solicitor and was a bit shocked a few weeks later to find her starring in the local paper after she had been found guilty by the Society of charging for work she had not done.

 

The firm is a one man band and despite letters to and fro county court papers were presented. I went to court and lost, but my belligerence saw me stupidly digging my heals in.I know it was wrong at the time and now, but we all have those moments in life?

 

I heard no more from her and today two big gorillas knocked the door. They were High Court Sheriffs. They saw my 16 year old son and asked to come in. He refused to let them in and they told him who they were and that they can enter the house if they wanted to as they were not normal bailiffs. My son said that the next door neighbour was outside and could hear everything. The bailiff said he did not want to embarrass me more than is necessary and asked if he could come in. Again my Son said no, and said that they should give him a phone number for me to contact them.

 

They gave him two A4 sheets, with their number on the back of it. Now he took it off them (at no point did they enter the house or were any doors or windows unlocked, my son opened and closed the window when they spoke). The Sheriff said he had served him with papers form 55 - Notice of Seizure.

 

I got back with the wife as I was at hospital at the time due to having fallen from breaking my arm (again) to find the paperwork.

 

Can I ask, if they can take walking possession as per their form; Form 55 - Notice of Seizure?

 

Apart from the judgement I have had no further correspondence (I know that is not the claimants problem, just asking should they have written to me or done anything further)

 

I live in Coventry and the Solicitor has gone to the Croydon District Registry Queens Bench. Why not the local court in Coventry or Birmingham?

 

I have not signed the walking possession agreement, but it states if I don't pay they can break in?

 

The fees are unreal. The judgement is for £ 567.67

They have added Judgement Costs £ 162.00

Execution Costs £ 111.75

Interest @8% £ 16.95

Sheriffs Fees £ 550.76

VAT: £ 110.15

Total Levy £1,519.28

 

I know this is secondary to the above but I do not actually own anything in the house. Our mortgage is joint and my car is supplied via my DLA. I am quite severely disabled and unable to work due to my disability, living off income support and ESA/DLA. The house was originally the wife's until we got married five years ago and she put my name on the mortgage in case anything happened to her. All the fixtures and fittings belong to her from before. I do not have a bank account. I used to own a car which I sold 14 months ago and used the money for my Motability car IP as it needed adjustments. Theyasked if I had a car and my son said I have a motability one. They said they will clamp the car when they come back if they cannot get enough money from the house until they can verify the ownership of the vehicle. I have to go to three different hospitals every week, not counting the accident yesterday that required another visit today.

 

I have a lot of medical issues presently, I am being treated for severe depression, I rake a concoction of tablets totalling 36 daily, plus Fentanyl patches and oramorph for extra pain.

 

Can someone please advise. Can they do as they claim? Are the charges right? They are more than the original debt.

 

Help please?

[wonkeydonkey]

The charges ... I hate to say this but the fees look to be correct... you will have incured substantial costs to the Judgment and they are added to the Writ as execution costs and are spot on, interest @8% ..check your judgment to see if was part of the order but in most cases they are..the sheriff fees...are very reasonable as the norm for Writ of fi'fa' looks akin to telephone numbers when the company add their enforcement costs.

 

The enforcement officers have no more rights than a bailiff unless they are enforcing on commercial premises..they can only force entry if they have been given peaceable previous access..but they can force entry to an outbuilding if it is detached from the main dwelling.If you own your own home they can go for a charging order but they cannot clamp or remove your car if it through the motability scheme as it does not belong to you..they know that so their mouths are working overtime.

 

The writ they hold is valid for 12 months but the creditor can ask it be renewed, if you have no assets and no income then the claimant is out of luck and at best can only make life uncomfortable for you by making you go to lockdown for the next 12months....

 

Action by you..

1..apply for stay of execution on form N244 using the grounds you cannot afford the fees

2. apply for variation order to repaymentsN245..you provide an income and expenditure sheet to show you have £x amount in disposable assets and that is the offer you making..if the claimant don't like it and refuses the Court will decide if your offer is genuinely all you can afford and set the payments. If you are in receipt of benefits then you will also need form ex160 for remission to all court fees.

 

Need help with the forms...just shout and help will be at hand here on cag.

 

WD

Edited August 29, 2012 by wonkeydonkey
spacing

[Upsetandfrustrated]

Are you sure that the local court will deal with this as the when I looked at started the forms it say "In The .... Court". The Solicitor concerned did not bother with the local county court, she had gone to the Queens Bench. How would I fill that form out? Will the local County Court accept the application?

[wonkeydonkey]

If your local court is what is known as a district registry of the High Court then you can submit to them, always best done in PERSON...BUT local Courts are not usually trained to such matters and they often refuse the applications(wrongly)...you might need to stand your ground with them..also tell them the matter is of some urgency due to the threat to seize your motability vehicle....You can also make your offer to repayment on the same form, accompanied by a detailed I &E (kills two birds with one stone)

 

WD

[Upsetandfrustrated]

I have just checked and the nearest District Registry of The High Court is an hour away in the car. I have broken my arm in three places this week and had a major operation ten days ago, so would I have to go all the way to Birmingham and not put it in to my local Coventry Court? Sorry for the questions, but these guys have managed to get a very depressed person tittering on the edge.

[ploddertom]

I have just checked and the nearest District Registry of The High Court is an hour away in the car. I have broken my arm in three places this week and had a major operation ten days ago, so would I have to go all the way to Birmingham and not put it in to my local Coventry Court? Sorry for the questions, but these guys have managed to get a very depressed person tittering on the edge.

 

Coventry holds a District Registry.

[Upsetandfrustrated]

Thank you ploddertom, so they will accept my N244 and N245?

[ploddertom]

Thank you ploddertom, so they will accept my N244 and N245?

 

I assume you are applying for a Variation Order with the N245 - this must be sent to the Court where the original CCJ was awarded.

 

I also assume that with the N244 you are applying for a Stay of execution against the Writ the HCEO has. What grounds are you making the application on?

[Upsetandfrustrated]

The history of it is over the past several months I have had several operations, many have required a long time in hospital or when at home the medication is as such that I have been in a controlled state. I have had two operations in August alone, it did not stop me falling three times in the past 12 days breaking my arm in a different place each time!

 

I did receive the solicitor demand and summons at Coventry County Court, but I was in one of my post op periods. I had the letter but did not answer it. The judgement came through and I did nothing which I know is wrong. All my energy and strength went into trying to keep a roof over our heads. I receive incapacity Benefit but as the Mortgage was not being covered, my wife had to stop caring for me and get a job to pay that. So I have a collection of my wife, two kids and mother coming in and making sure I am OK.

 

I was asleep when the Sherrif came, I could not answer the door to anyone, it was my 16 year old who opened the window.

 

To be honest, if I have a pound spare, that is all they will get as I cannot afford any more, we exist, not live. My life is one of hell locked in a body that is slowly getting worse and raked in pain more each day. I know not answering the summons was wrong and people will judge me on that, I suppose the Solicitor went the route they did to create maximum problems possible. I just don't want to fear the door knocking again.

[welsh1]

you been drinking too much pepsie

 

Wonkeydonkey has given good solid and consistant advice to a lot of people on these forums.i know you are trying to help, but you are giving advice based on a neighbour,and some things you are sure are right because you have heard it.

Wonkeydonkey will give advice based on a wealth of experience and this advice will be based on sound fact,i know who i would want to give advice to me.

 

Fair play for you giving advice but sometimes you have to give good solid fact advice.

[wonkeydonkey]

I direct this to you Upsetandfrustrated for it is an apology from me for allowing myself to be distracted. It is of course your decision what road you wish to take to getting a resolve to your problem. all I will add is my support is available should you need it.

 

WD

[Iannun]

Hi all,

 

To be honest I am completly lost, with a wife in tears having read the board. We honestly don't know where to turn on this. I have done the N244 asking for a stay of execution on the basis that I cannot pay, also a N245 giving a statement of income and outgoings, showing I can only afford £5 a month.

 

Hopefully this wil stop them banging the doors and I can sleep a bit easier.

 

I suspect the advantage the solicitor had was knowing the rules and went for the throat straight away.

 

Would there be any grounds I could get the CCJ set aside? I will not lie and say I did not get it, but are their other grounds I could try and go for?

[wonkeydonkey]

Hi all,

 

To be honest I am completly lost, with a wife in tears having read the board. We honestly don't know where to turn on this. I have done the N244 asking for a stay of execution on the basis that I cannot pay, also a N245 giving a statement of income and outgoings, showing I can only afford £5 a month.

 

Hopefully this wil stop them banging the doors and I can sleep a bit easier.

 

I suspect the advantage the solicitor had was knowing the rules and went for the throat straight away.

 

Would there be any grounds I could get the CCJ set aside? I will not lie and say I did not get it, but are their other grounds I could try and go for?

Truthfully..the answer is no to getting set aside..you have no grounds as it is a simple case of you had fair notice and warning and I say that with sympathy and I am not sitting in Judgment....set aside is not the route to take unless you have the means to discharge the debt in full should it be granted, the Creditor will still expect full payment or they simply set the wheels in motion to go around again with their claim.

 

I offer the opinion , you will be better served to go the route of staying execution and offering evidence to the amount you have available to you for repayment...it is without a doubt a simple fact you cannot get blood from a stone and the Courts recognise that when making decision on the amount offered.

 

WD

[jaffro]

lowrider34... im going to stick my neck on the line hear but what im going to say is fact..

...many people on this very site and others have listened to wd or pepsie as you like to say and without the advice and fantastic help would be up the creek without a paddle....

...... wd's post count says it all when compared to yourselves and indeed myselves...

.. the help we have recieved has off wd has been excellant and has saved us a lot of money and a lot of stress and as said before without the help we would be thousands out of pocket........... the advice is spot on

Edited August 30, 2012 by jaffro

[ploddertom]

Hi all,

 

To be honest I am completly lost, with a wife in tears having read the board. We honestly don't know where to turn on this. I have done the N244 asking for a stay of execution on the basis that I cannot pay, also a N245 giving a statement of income and outgoings, showing I can only afford £5 a month.

 

Hopefully this wil stop them banging the doors and I can sleep a bit easier.

 

I suspect the advantage the solicitor had was knowing the rules and went for the throat straight away.

 

Would there be any grounds I could get the CCJ set aside? I will not lie and say I did not get it, but are their other grounds I could try and go for?

 

Haven't a clue as to what has happened here but you are best starting your own thread off for more targetted replies. The more you can say initially the better picture we have. Here's a link to help get you started http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[dx100uk]

thread tidied.

 

dx

[Iannun]

Sorry, it is. I posted off my first lost username on my sisters computer. UAF and Iannun is the same.

[wonkeydonkey]

Appreciated dx...I have asked PT to take the driving seat and I will remain a passenger.

 

WD

[Upsetandfrustrated]

Sorry for the confusion guys,

 

My sister has offered to give me the original cost of the CCJ to pay off as she has seen how it has started to effect us. If the original judgement for £ 567.67 and the added Judgement Costs £ 162.00, what else would I have to pay in order to get this dropped, a further £46 etc? Or do I have to pay the extra money the have added to their bill?

 

Sorry to ask, I am confused.

Edited August 30, 2012 by Upsetandfrustrated

[ploddertom]

Sorry, it is. I posted off my first lost username on my sisters computer. UAF and Iannun is the same.

 

Thanks for clearing that up. As said previously the N245 needs to be sent to the Court that originally awarded the CCJ. The N244 I have found is better taken in person to your local Court - providing it acts as a District Registry, which I believe we cleared up earlier this afternoon. It is best done on a morning and you will need to explain the urgency of the application, doing it this way a spare Judge can usually be found who will hear your application immediately. If granted you must ASAP notify the HCEO by phone of the Stay & any conditions it may contain, be prepared to answer a few questions from them about which Court, Judge's name etc. Some Courts offer to produce the paperwork immediately and when you have this send a copy by email or fax to the HCEO - do not trust others to do it for you.

 

Don't forget when you submit your applications you also need to submit the Fees - £80 for N244 & £45 for N245 - if on certain benefits or low wage you may be entitled to Fee Remission and not have to pay - for details on this you need Form EX160 and will need to submit one for each application.

I have sent you a quick guide to what to put on the N244 by PM.

[Upsetandfrustrated]

Thank you ploddertom

[ploddertom]

Sorry for the confusion guys,

 

My sister has offered to give me the original cost of the CCJ to pay off as she has seen how it has started to effect us. If the original judgement for £ 567.67 and the added Judgement Costs £ 162.00, what else would I have to pay in order to get this dropped, a further £46 etc? Or do I have to pay the extra money the have added to their bill?

 

Sorry to ask, I am confused.

 

You could try to offer the Claimant the original Judgment costs listed on the CCJ, I would suspect they will refuse and tell you to deal with the HCEO. If that is the case then you will be better off submitting a SAR on them to find out at what stage all the additional fees have been added. Most of the HCEO fees can be challenged.

[old bill]

If the solicitor was found guilty of charging for work not carried out, her bill and judgement look decidedly suspect. The OP needs to go back to the Law Society and find out if their complaint was included in the finding, as featured in his local paper. If, indeed, it is, the claim, judgement and involvement of HCEOs are totally fraudulent.

[Upsetandfrustrated]

Hi all,

 

I think I have found a discrepancy in the HCEO's figures. I was going to go to the court to see what I needed to pay as my sister was going to pay off the original judgement. If I look at the claim form it says:

 

The front page of the claim form has the figures in the bottom right hand box,

Amount Claimed £564.27

Court Fee : £70.00

Solicitors Fee : £70.00

Total Claimed : £707.27

 

In the Particulars of claim on page 2 it reads:

 

The claim is in respect to unpaid invoices relating to professional services :

 

1. invoice dated XXXXXXX £701.50

Amount unpaid £1.50

 

2. Invoice dated XXXXXX £476.10

Amount unpaid £476.10

 

The claimant claims interest in pursuit to section 69 of the county court act 1984 at the rate of 8% per annum as follows:

 

1. Interest on the sum of £1.50 from XXXXXX to XXXXX 90 days £3p

2. Interest on the sum of £477.80 from XXXXX to XXXXX to date 828 days in the sum of £86.67

3. Continuing interest on the sum of £474.80 until payment or judgement at the rate of 10p per day.

 

AND the claimant claims

 

1. The sum of £477.80

2. Interest pursuant to the above statue at the rate of £86.70

3. Continuing interest pursuant to the above statue at the rate of 10p per day

4.

 

The claim was served on the 18th April this year, with judgement given

 

So the judgement came through on the 18th May for : £729.67

 

I attach the documents left by the Bailiffs the other day. I am troubled by what it say on page 2 that is highlighted about failure to sign. I also believe the figures they have are wrong. How can the County Court award interest at 10p a day, yet the HCEO figures say 16p. Do you pay interest up to judgement or up to the point you pay off the debt completely?

 

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Advice on what is correct would be much appreciated as I was going to be able to pay the County Court judgement off but I cannot afford the amount on the HCEO figures.

[ploddertom]

You have 2 "Judgments". The first is the original CCJ which has its own totals on it and if paid that would have been an end to it. Because no payment was forthcoming the CCJ was transferred to the High Court for enforcement only.

 

To go down this route the sum outstanding had to be more than £600 and in your case this is made up of the Judgment Debt & Judgment Costs = £729-67. There is then added the Execution Costs which is the cost of transferring up to the High Court = £111-75. Added to these are all the other costs the HCEO has added and in particular they have lumped them all together as a single fee, some of these fee are capped at set rates - http://www.hceoa.org.uk/regulatory-information/the-hceo-regulations-2004.html - but the majority will have been claimed under Fee 12, Misc. In my view you should either ask for a breakdown of all these fees or submit a SAR - the SAR can take up to 40 days to appear and does cost £10 but have found it is worthwhile. Nearly all the fees claimed for can be challenged.

 

As for the Form 55 - yes it says they have seized all your goods but it is a worthless piece of paper as:

a - he has not gained entry to your home - he has no automatic right of entry and my advice would be to keep him out

b - he has not been able to levy any goods - because he has not gained entry and I assume there is nothing of value outside (if there is then moved it ASAP)

 

You say he threatens to do something with your vehicle which from what you say is from Motability. He will not chance that, your tax disc will show the taxation class as disabled and I would advise you leave your Blue Badge & Timeclock on visible display on the dashboard as another reminder. The HCEO has no extra rights over you although he does have the right to force entry to any detached building on your premises if he believes it contains goods that may be sold to satisfy the debt or part thereof.

 

A HCEO will normally make 3 visits to you and if he cannot gain entry or speak to you or distrain on goods externally will in all probability return the Writ to the Claimant. The Writ itself lasts for 12 months but may be renewed on request and the Claimant could also ask another HCEO to enforce the debt, so starting the process again.

 

As said in an earlier post try and see if the Claimant will accept payment. Otherwise your only option is the Court route outlined via a Stay & Variation. The HCEO will not negotiate.