Assistnace

[dezmond]

I have an aging debt registered against both me and my partner. Registered in the county court and then via the High Court on a Writ an into the hands of a HCE Group.

 

We previously entered into arrangement with the HCE Group however this failed.

 

The bailif has visited our sole trader business looking for payment etc.He has entered the premises and left a TAKE FORMAL NOTICE.

 

Could you advise on how we can stop action and set up an arranged payment. Can he sieze my partners work tools etc.

[smouk]

When did he enter the premises?

Were you there?

What does the notice say?

Is this action against the business or you personally?

[dezmond]

Entered in last 24hours, I was not there but partner was (joint debt)

 

Notice is take formal notice that he has attended with the intention of removing goods, full payment must be made by 26th of November

 

Action is a joint debt but business is sole trader

[smouk]

So, came to business premises and not home?

What is the debt for? How much? When was judgement? etc etc

Fees being charged to you?

When did arrangement with HCE fail?

 

You need to flesh it out with a bit of detail here.

[dezmond]

Yes partners business premises she is a sole trader, the business premises are naturally open so he was able to walk in.

 

The debt it an old landlord debt (outstanding rent) back in 2009 possibly 2008. At time there were mitigating factors however at the time we did not challenge them.

 

I think the High Court Enforcement Group have added as must as £1300 in fee's.

 

They pursued us at old address and we agreed to £50.00 a month payment however they wrote back accepting then we had a further notification to say they were charging placement fee's etc and it naturally failed (approx 1 year ago).

 

I am just wondering on the best method to hold matters.

[ploddertom]

If the Writ was over a year old do you know if it has been renewed? Is your £50 per month agreed between HCE/Claimant or that ordered via the Court?

[dezmond]

The £50.00 was agreed between HCE/Claimant nothing has been ordered by the court in terms of payment arrangement.

 

Im unsure if the Writ has been renewed.

[ploddertom]

Im unsure if the Writ has been renewed.

 

You should have the Writ No, if so contact the Enforcement Section of the RCJ and ask what they have 020 7947 7772 [email protected]

[dezmond]

Sorry I have a high course reference number NLLNNNNN (numbers and letters)

 

What would be the best course of action to stop enforcement.

[ploddertom]

Has he made a levy on anything on the premises? If so can you list them exactly as described on the Notice of Seizure?

[ploddertom]

If this is for rent did the Landlord obtain a CCJ against you or just instruct the HCEO?

 

Sorry for all the questions but trying to establish the best course of action.

[dezmond]

Hi no problems with questions (as im glad on help)

 

The landlord rental amount was for a private tenancy in 2008/2009 he did obtain a CCJ and then it went through a solicitor and of to the HCEO.

 

He was in the business for about 10minutes but did not complete a levy well he hasn't handed me anything but the take formal notice letter.

 

Regards

[ploddertom]

Arte your premises always open for anyone to walk in - retail shop perhaps? Is there any chance of securing the premises whereby customers have to be admitted on request?

[ploddertom]

The great problems with commercial debts that have been through a CCJ is that they are usually classed as Forthwith Judgments - meaning all has to be paid at once. However in this day and age many Judges are being minded to allow for instalments particularly if the alternative may be the closure of business.

 

With this in mind I would think about making 2 applications to the Courts. The first and easiest application to make is for a Variation Order whereby a monthly payment may be agreed between the parties and signed off by the Court. It may be that the Claimant may not agree and that the Court may stipulate what the payment has to be - this could even be larger or smaller than what you suggest so make sure the I&E you would submit backs any payment suggestion up. This is applied for on Form N245 and costs £45, it is a simple enough form to fill in, obtainable from HMCTS website and you need 3 copies - it must be returned to the Court where the CCJ was awarded.. As you are a sole trader and if you are earning little or indeed claiming certain Benefits then you could apply to have the fee waived - see Forms EX160a & c for details.

 

The 2nd and most important application is for Stay of Execution against the HCEO. This is applied for on Form N244 and costs £80. If granted it halts all enforcement action & charges. This form needs to be submitted to the High Court or to a County Court which acts as a District Registry. The form for this is a little trickier to fill in but I have a guide that may help if needed.

[dezmond]

Hi thank you if you could let me have the guide that would be great.

 

Just to confirm the debt was a residential debt it was never a commercial debt. It just happens that he has found my partner at her work address as he currently does not know our home address.

[ploddertom]

Go to the top of the page, right hand side and look for "Notifications"

[dezmond]

Thankyou it will not allow me to reply to private message. Can you advise on how to expand on the bullet points i,e what information is the court looking for.

[tomtubby]

Ploddertom,

 

As always EXCELLENT advice !!

 

If the commercial premises consist of a retail store there is always a problem as the High Court Enforcement Officer will assume that all stock is owned by the debtor and will seize the goods regardless. It is best not to mention the type of business on the forum but do make sure that any vehicles are not outside of the premises.

 

From your post it would seem that you had not received the initial summons. In any event, the forms detailed by Ploddertom need to be filed at court asap.

 

Please keep us all posted on the progress.

[dezmond]

If the form (N244) can not be filed in person at the court it there a way of sending special delivery with a covering letter or is this not sufficient as my nearest district high court is over an hour away with work etc I would not be able to get there till next Wednesday

[ploddertom]

You can file the N244 by post but be warned about the length of time this will take. In general terms where are you located.

[dezmond]

removed

Edited November 22, 2012 by dezmond
adrress removed

[dezmond]

duplicate message

Edited November 22, 2012 by dezmond