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Old electricity bill, High Court Enforcement and stay of executions

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Hi

 

Hoping somebody can help me sort out a very stupid problem I have got myself into. I've posted elsewhere, before realising I had been on this forum before

 

Due to a mix of stupidity and my terrible mental health,

I totally failed to deal with an old electricity bill following a dispute with the company (that I was correct about).

 

This was completely irresponsible of me I know, but as I was also suicidal at the time, things slid away from me greatly.

 

I got a claim form from the Northampton County Court in September.

I filled out the admission form along with proposed payment plan and returned it to the claimant.

The service date was 18 September 2012.

 

I heard nothing until I received a judgement,

I then wrote to both the company and then their solicitors offering payment based on income and expenditure and still nothing until

 

today when I have a ballif letter that they have a warrant to remove my goods and chattels.

 

I have spoken to the National Debtline and got some good advice.

I am completing a N244- Stay of Execution and an N245 - a variation order.

 

Here is the stupid question,

 

both ask for the Claim No and the Warrant number.

I don't know the warrant number, I have no paperwork except for the letter shoved under my front door.

There is a High Court Reference, is this the same thing?

 

I also am confused by what my claim number is.

 

There is a sticker on the County Court Claim form.

 

It has a barcode with some numbers under it,

other code which has a date prefaced by CCMCC and then another reference which starts 2YM then numbers.

 

Which numbers should I be using?

 

I'm also confused as the form is marked Northampton but then also notes a Salford Court address.

 

Can anybody help me sort of this very tangled and terrifying mess?

 

Right now I just want to

a)cry or

b)run away

 

but I know this won't sort out the debt.

 

I have asked CAB for an appointment but it's at least 2 weeks.

 

Can anybody guide me through this.

 

I can and am offering a repayment but I cannot pay debt in full and don't want balliff action

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hi WJ

 

bad time

 

sri to here this.

 

2ym is the ccj munber

 

and the hcr is the warrant number.

 

who took you to court? the util company?

 

dx


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Yes, the elec company took me, they appointed Clarke Wilmott as their sols. Thanks for the info.

 

I think I might go to local county court tomorrow to ask for their help with the N245 and the N244.

 

Not had anything about the balliff until I got a letter when he visited today, letter seems legit but total due spiralled from £1200 to £2070! I know some will be court costs for getting warrant but is it £800?

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no!!

 

sri to keep asking things

 

but just checking they have gone thru the correct procedure

 

how old was the debt

 

and had they billed you in the 12mts before the claim form?

 

dx


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The N245 is quite simple to fill in, probably the hardest part is completing the I&E it asks for. As for the N244 for the Stay what have they told you to put down for the grounds you are going to use?


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Hi

 

The debt is legal,

they billed me incorrectly but regularly when I was their customer,

I raised the dispute and was making reduced sum payments.

 

The billing error was finally resovled some months after I moved,

 

it was then that I became very mentally unwell and was unable to deal with any financial issues for sometime (also not working, not doing basic day to day life stuff).

 

I did respond to the CCJ being served with a payment proposal but heard nothing until I got the CCJ.

 

I haven't put down any grounds on the N244 yet.

 

have you any suggestion what I should put.

 

I am willing to pay,

most of the goods in my home are not mine and would not cover the debt and the subsequent ballifs costs,

 

Shoudl I mention my mental health difficulties (all medically documented) as this is the primary cause for not being able to deal with it earlier.

 

I am offering reasonable payment (£250p/m, court debt was £1300 but now £2000 follwing balliffs visit!)

but really cannot deal with balliffs coming into my home.

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Clarke Wilmott are another firm that think they are a law unto themselves.

 

I know of another cagger who has had dealings with them.....a ccj was made and the cagger paid the set amount every month without fail, earlier this year the bank returned a cheque for payment to CW and the next they knew High Court were involved..no letter to say the cheque had been returned and the payments were in default etc.which would have at least allowed the cagger to look for a reason as to why the cheque had been returned when they could show the account was funded to meet it..they went straight in for a writ.......it transpired the bank were at fault..the funds were available (no recourse to the cagger as yet) CW were told of this but refused to withdraw the writ ...as far as I know the cagger now has a barrister looking into the way CW behaved and a complaint is was/has/is made to the SRA.

 

You should have heard from the Court regarding your proposal for payments and CW should have confirmed if the creditor had accepted that amount. I would be inclined to write to CW and ask for copies of the ccj to see what exactly what the Court put on the order, then apply for a stay, using the grounds you were never notified to the outcome of your offer, als do an I&E and send that in with a variation order as offer to payment.

 

 

WD

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