HCEO clamped my car, i removed it, old Landlord got CCJ - help!

[AndyOrch]

its still me. I had lost my username hence why its not headache 123.

 

It was headache123 at Today 11:29 #107

headache123 headache123 is offline

 

Why are we back to sanepersongonemad ?

[sanepersongonemad]

oh its because the saneperson username doesnt work on my smartphone so at 11.29 i was on my phone using the headache123 username as its autosaved, and the headache123 doesnt work on my laptop for some reason so its sanepersonthats autosaved on my laptop. hence it is saneperson at the moment as i am on my laptop.

Do you please have any advice for tomorow ?

[AndyOrch]

Nothing in particular just approach it and state your side of events.....obviously you are tensed up but its very informal ..table chairs the opposition and the DJ and ...present your defence...make bullet points like a script and refer to them...listen to the DJ if you are unsure of anything ask him/her to repeat it.

 

Regards

 

Andy

[sanepersongonemad]

ok thanks. just worried about the amoutn i will have to wrongly pay like the sherrifs office fees they added and the vat and all that nonsense. i feel like its a done deal and we are simply deciding the amount im going to have to pay. just hope judge is fair

[citizenB]

headache/saneperson.. can you please let us know how things went, please

[sanepersongonemad]

just got in from a long day but definatly was the first thing on my mind. Was horrible as cl and mackenzie friend are like pitbulls but worse a i actually like all animals.

 

dj was really nice though this time but would not allow the last judgement to be raised and said this was just for further costs. cl had3 payments he wanted:-

 

1/ solicitors costs of £500 - cl never had any proper recipets and just a handwriiten piece of paper. Judge disallowed this and said this ia a small claims courts, we do not cover costs so was happy with this.

 

2/ sheriffs court fee of £60 - again not allowed as it was their choice to do this

 

3/ sheriffs office fees of £2314.73. This included dvla number plate check, waiting time, letters etc. - this was the ridiculous thing - cl was rying to make out that he would have to pay this and he has been sent letters asking for payment! judge was baffled at this as was

 

i. cl had nothing to prove this, just a breakdown of sheriffs office bailiff fees. judge even said this was all before i knew about the ccj - they said no i knew, which i didnt. i explained how is it possible tp pay £60 and then end up as a cl paying £2314 yourself? in other words they were trying to get this money ontop of the judgement for themselves! judge kept saying she was inclined to put this in my favour but they said they wouldnt let this new amount go and would pursue me for this! the stmt from the sheriffs office was from over a year ago before i knew of the ccj. cl kept arguing saying sherifss office has asked him for this amount. judge said well wheres the

letters, they didnt have any but said that the SO have said they want to be kept updated and will ask for their payment at the end of the case. judge was baffled and knew this was nonsense. Due to their insitence, the hearing was adjourned so they can get some proof fromt he sheriffs office and given back to the judge that made the initial judgemnt. i asked so much not to adjourn as the stress has made me ill but judge said she had no choice as they will not let it go

 

each time after the hearing end, the cl and defendant wait till iv gone and try talk to the judge! they keep doing it everytime.

the intiial judgement was for £2500, plus £150 interest which the cl had said he did not want interest for but on the form that came out with the result of teh last hearing ineterst of £150 was added. how do i query this please?

 

also i got the impression that if i dont pay the £2650, they will put the sheriffs office back onto me, but more over i dont want a ccj on my name. how long have i got before that turns into a ccj? i was waiting for the outcome of this before i made payment but my credit file is clean and its really important for me as im trying ot buy a house that it doesnt turn into adverse credit. as far as i know i currently have no ccj. i dont really have the funds, but i dont think there is any other way?

 

just get the feeling this cl aint ever going to leave me alone.

 

any help please?

Edited December 4, 2013 by stu007

[stu007]

Hi sane

 

 

I have edited your post as it was difficult to read so I have added some spaces to your post so its easier for others to read and give you advice.

[sanepersongonemad]

thankyou.

[headache123]

I am writing a cheque for the original ordered amout of £2650 today i rang the court today who said a ccj order had been registered against me in may but i checked my credit file and i have nothing on there. I said this to the courts who were unsure. Yesterdays hearin was for further costs. Could it be that nothing will be registrd until the whole case is over? Cannot risk.q ccj. Thanks

[mjt2013]

There is an official register of CCJs at trust online, if you google register of county court judgments you should find it. I've not have occasion to use it myself but I believe it is the definitive register which will tell you if you have a CCJ.

[headache123]

Even.though i have checked equifax and experian which are clear? I.note theres a fee and as a result of the cheque iv virtualy penniless.

[mjt2013]

As I say, I've not used it so I'm afraid I can't really help further. Others may be better able to help you on this point.

[sanepersongonemad]

ok thanks very much

[sanepersongonemad]

anyone please?

also will the cl get another £2000k + to give direct to the sheriffs office which he says he has to pay? im sure this is not true. after all how can you pay a debt collector £60 and ed up with over 2k to pay yourself? anyway to stop them wasting my time also? im sick of this situation and despite paying teh order amount i dont knwo if im left with a ccj and its still not over.

[renegadeimp]

If you have paid the amount that was on the court order. THen thats it. Its done. You need to get a certificate of satisfaction from the court. That way nothing can come back on you. If you paid the order within 28 days of the hearing, then a CCJ wont be registered.

[sanepersongonemad]

the court order was in june.

 

i didnt pay it then as it said 'permission to appeal refused' and i buised myself trying to get an appeal.

 

i couldnt afford any legal costs and didnt qualify for legal aid.

 

the hearing for extra costs was supposed to be in september as above but i couldnt make it due to work and it was deferred till yesterday.

 

i paid the order that was made in june today.

 

the very unfriendly court lady who i spoke to said it was registered in may

but the court order was in june so i dont think she knew what she was talikng about and she was quite rude.

 

i have nothing registered against me on my credit file......

[sanepersongonemad]

ok i paid for the trust registry england and wales orders and judgements and it says nothing registered!!!!!!!!!!!

 

think the court woman on the phone was just having a bad day!

 

happy and confused.

 

i had a judgment in error that is due to expire in 3 weeks and its not showing so i hope the registry is correct but all good.

 

i m so happy though. maybe il finally get some sleep. just the last sheriffs hurdle to go ....

[citizenB]

I am a little confused sane person.. (or not) ... I though this recent hearing was adjourned ?

[sanepersongonemad]

the intiial order i paid.

 

this hearing was for further costs and that has been adjourned.

 

Before i knew about the ccj,

the sherrifs office visited my property,

dropped letters in and clamped my car.

 

as soon as i knew i went to court and applied of the set aside.

 

for all them visits of teh sherrifs office, the cl has a stmt form

the sherrifs office with the charges against me of over another 2k.

 

like letter delivery,

dvla check,

visit etc.

 

apparently now thre cl is saying he needs this off me (iv paid for the original order)

as he has to pay th esherrifs office

 

this as he is goign to be held accountacle to it.

 

how is that even possible?

 

so the judge in teh end said she will adjourn it whilst they wait for evidence to show this from the cl.

 

its the silliest thing iv ever heard and its being pu back to the judge who charged me the original order who i found unfair.

 

not happy about this....

[sanepersongonemad]

another day in court and another hearing with the unfair judge.

 

todays hearing was whether i needed to pay the cl £6000 which teh sheriffs office say i owe them apparently.

 

the judge said todays heraing was to find out if that amount is reasonable ( i have paid the £2500 order athough unfair)

 

Dont worry i was confused that how can a claimant claim on behalf of high court enforcement officers

who are not even askign me for the money!

but apparently the cl believes that he would be liable an so i shoudl pay!

 

a very unfair entire afternoon followed.

 

The judge wanted the T&Cs of the sherrifs office which the cl did not have. she tried to search it herself!

 

then allowed the mackenzie freind and teh cl to make seperate calls to the sheriifs office for the t&Cs to be emailed to her.

 

then we adjourned whilst she was going to search for it herself on the internet!

 

after an hour, She then said she could not make me pay for something that the cl had not paid.

 

The cl then argues it out.

 

Then the judge said i should pay half!

 

i said uv just changed your order.

 

she then adjourned while she wanted to look for the t &cs.

 

1 hour later, she decided taht the actual fees should eb £2700 that i owe the sheriffs office

( pls remeber i was not at the address when the s o visited or was aware of the ccj till they visited, which was set aside).

 

the sheriffs office have not asked for anything as the cl and me have been sorting this in court.

 

i dont understand how i can be made to pay for them.

 

i explained to the judge i was not aware of the ccj and hence got he stay and writ set aside

but she said as she had previously awareded the order for 2500 in cl favour so that means i am liable!

 

the end decision was that she felt the cl should have stpped the s o as although they paid £60 only for them,

the debt ran into over £6000of sherrifs letters etc for a 2500 debt.

 

the amount she felt i owed to the s o was £2700 which incudes all random fees such as levy etc which i know are not true.

 

the judge ordered that within 14 days the court will write to the so member who was dealing with the case

and ask that they should explain a witness stmt of why they felt the need to visit and a justification for their fees.

 

she said the burden was on the s o to show they are owed and felt the fees were unreasonable.

and that if me and the s o could come to an agreement then there would be no further hearing,

failing that the witness stmt from the s o would go to the courts cl and me and a further hearing would be the decider.

 

i truly cannot bear another hearing.

 

the cl and his mackenzie friend who always talks throughout were unhappy as they wanted me to pay them.

 

i asked for it to be left between me and the so but judge said no its still between cl and me.

 

i also have to pay £100 for bailiffs costs which they sent after the judgement was made,

for which i was not shown the evidence,

which again is unfair as i proved i was not living at teh address the leters were sent to.

 

now im so worried im going to end up with another 2700 to pay to the s o for a debt they are not even chasin

as apparently it will be down to the cl to pay otherwise. any advice???

 

what should i do?

 

i cant risk a ccj as im buying a house and feel its all very unfair

 

the judge initially awarded solicitors costs of £500 before i stated you cannot claim solicitors costs in a small claims court!!!

 

which she then agreed.

 

i feel i would have got less stress for murder!

 

please can someone help. thanks

[sanepersongonemad]

anyone any advice on this?

 

how can the judge be lookign to make me pay the sheriffs office which apparently the claimant is responsible for if the claimant hasnt actually paid???

[sanepersongonemad]

the court date has arrived for the sherriffs office fees which the ll feels he would be liable if i didnt pay now another £6000 odd pounds.

 

I paid the judgment of £2750 even though i didnt agree just to end things but now this is on my back thanks to the landlord.

 

The so has sent a breakdown of their costs to the court but i havent got them.

 

i emailed them asking if i was liable and they said yes.

 

Id i settle out of court i can avoid eyt more stress as this has made me severley ill.

 

However, i cannot spare anymore money or have a ccj as i am trying to move house.

 

I asked the so to consider writing off the debt but they wouldn't

- i just dont know what to do anymore.

 

Iv never heard of the ll having to pay bailiff fees so holding claimant liable - he has got his money and alot alot more!

 

These are the emails i have recieved from the so - can someone pls pls help me?

 

This is the first email from yesterday where i wanted to confirm liability and this is the response i recieved:-

 

I can confirm that as the Judgment Debtor in the action you are liable for the fees of the High Court Enforcement Officer.

 

I can however confirm that in the event tha these fees are not recoverable from you then the burden for payment of the fees

does pass to the Judgment Creditor who does bear ultimate liability.

 

I can confirm that we would be prepared to reach an agreement to settle the High Court Enforcement Offices fees

and as such would invite your proposals in relation to the same.

 

This is the second email is recieved today:-

 

We acknowledge receipt of your recent e-mail and duly note your comments contained therein.

 

Concerning our fees in this matter

we would advised that these are charged in accordance with High Court Officers Regulations 2004 and reflect the work carried out.

 

Consequently same are rightly due.

 

It is correct that if Mr xxx had failed to raise the question of our fees with the court he could have been rendered liable

for same hence his request that same be included in any order.

 

In compliance with the order of the xxx County Court a full breakdown of such fees were lodged with the County Court by xxx.

 

However, in order to avoid the costs that would be incurred should a hearing be required to assess same

we wrote to you concerning the possibility of an out of court settlement.

 

Your comments regarding your financial situation are noted but would state that having rightly conducted the work

which constitutes the charges we are not willing to write these off.

 

We would however be willing to negotiate a settlement.

 

In view of the above we would request your proposals regarding the fees so that due consideration

can be given to same and thus avoiding the necessity of a court attendance.

 

Details deleted out.

working but broke,

 

just too much to cope with this situation knowing full well i am innocent

and paid the money just to close the case and still no relief.

 

Pls help

[sanepersongonemad]

can someone please please helpme with this as court date is due and i dont want to go court if i can help it please.

[sanepersongonemad]

Please please please can someone help me.

 

I have paid the claimant £2750 plus costs.

 

I am being told i need to pay the sherrifs office on behalf of the claimant otherwise face going court again.

 

i dont want a ccj and am sick of this case but do not have the monies,

- this is what they want me to pay:-

 

06-09-2012 12 Compliance and Administration Fee £233.90

06-09-2012 12 DVLA Vehicle Check Fee - £15.00

12-09-2012 6.2(b) Auction Inventory Fee £149.14

12-09-2012 1 Percentage Fee £69.60

12-09-2012 2 Mileage Fee £50.00

12-09-2012 3 Seizure of Goods Fee £2.00

12-09-2012 12 Attendance to Seize Goods Fee £181.50

12-09-2012 12 Case Allocation Fee NOS £12.10

19-09-2012 12 DVLA Vehicle Check Fee - £45.00

21-09-2012 5.3(a) Attendance to Remove Fee £574.00

21-09-2012 12 Case Allocation Fee ATR £12.10

25-09-2012 12 DVLA Vehicle Check Fee - £15.00

26-09-2012 12 Enforcement Officer & Porter Wait Fee £181.50

26-09-2012 5.3(a) Attendance to Remove Fee £574.00

26-09-2012 12 Clamp Replacement Fee - £200.00

Totals £2,314.84

VAT is applicable at a rate of 20%

 

i am supposed to make them an offer or face the very very very unfair and bias judge in court again.

 

As soon as i knew a ccj was against me and was told the shrerrifs had visited

i was granted a stay at the time and

 

i also proved i was not living there at the time of the ccj.

 

However this was all overturned by the judge who helped the claimant no end

and now has encouraged them to claim this off me.

 

At my wits end - dont know what to do anymore. :sad:

[dx100uk]

hit the triangle and ask for help

 

dx