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Received a so called letter from Northampton (bulking office) court saying that i had had a CCJ put against my name for non payment of water charges !!

and that a bailiff would be calling to collect payment !!

 

First of all this is the first I knew about a CCJ

 

Second United Utillies have not responded to any of my letters or Emails with my payment offers

 

so i class this as in dispute

 

I havent had a letter about court date (to go and fight my corner ) which i believe i should have !!

 

Ive put a letter on my gate Removing all Implied Right of Acess to my property

 

The letter also states i have to pay £ x amount each month .... to my knowlege this is a contract

and should be signed by both parties and i havent signed anything

 

I dont wish to deal with a 3rd party ie Bailiff and there rediculous charges

 

Any ideas please

Edited by boyboynova

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Wonkey Donkey or Ploddertom will be along soon to give you advise. They are both EXPERTS on such matters.

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That you have had no notification to the Court case does give you reason to apply to have the Judgment by Default set aside because you have denied the right to defend the claim. Unfortunately that alone is not enough to take that route for unless you can pay the original amount outstanding in full, the set aside will be quickly followed by a further hearing and the ccj will be given again.

 

Can you expand your post a little to tell me what the debt was before the ccj after the ccj and what it stands at now with the enforcement fees, you say a bailiff has called but are you sure it was a bailiff and not HCEO such as the company known as Sherforce/Marstons? Until we know who we are dealing with it is difficult to get you on the right road to sorting this.

 

Please don't worry, as help is at hand ...it just needs a little help to wave you along.

 

WD

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Thanks for quick reply !!

No the Bailiff hasnt called yet ive had a Warrant of Execution letter to say he will be calling !!

the balance is £744

think that is what is was before ccj

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I will guess you are dealing with a High Court Writ of Fi'Fa'.....these are easily identified by the obscene fees that go with it but I need to know which company we are dealing with. I outlined the pit fall to set aside the Judgment earlier but if getting the amount owed is not a viable option .......

 

You will need to make an application to the Court for a stay of execution to that writ, then application for a variation order is needed. The former will keep the HCEO from making attempts to seize your goods for sale at auction and the latter will allow you to set a repayment plan with the Court, the advantage to that being they will only get an amount you can show the Court to be affordable to you.

 

The forms you require can be downloaded from HMCT website and the stay application is form N244 with form N245 being needed for the variation order...the costs to N244 £80 and N245 is £45 BUT if you are on low income or certain benefits you will also need form ex160 to apply for remission to these fees.

 

Take a look at the forms and if you need help with them come back here and ask. I cannot stress enough the importance of applying for the stay of execution very very quickly to keep the HCEO and his fees at bay.

 

WD

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Do you think its worth contacting United Utilities direct and see if ican get a payment plan set up with them although ive had no sucess before

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Do you think its worth contacting United Utilities direct and see if ican get a payment plan set up with them although ive had no sucess before

You can try that, but if they have passed the debt to HCEO they will only tell you to deal with them...please don't hang around with getting the stay in place ask you to trust me when I tell you the amount they will be after will be starting to look like the digits in a phone number.....take a look around the forum and you will see what misery they are capable of inflicting on you unless stopped in their tracks.

 

WD

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Is it possible you can scan & post up the letter advising the "Bailiff" is going to call, best done as a PDF file but take out all personal identifiers?


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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx


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MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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If this is as far as the matter has got then you can still apply to suspend the warrant and put forward to the Court what you can be seen to reasonably afford.

 

So far the debt appears to be still with the CC bailiff so move quickly (before the 18th if possible) and you can have this sorted easily.

 

Plan

Download the N245 to suspend the warrant and make your offer

Prepare the I & E sheet

ex 160 for fee remission (if eligible)

submit to your local County Court.

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You can post but to make sure they get it I would hand it in at the Court listed towards the bottom of the notice, cost of the application is £45. If you do this I would also contact the Bailiff Office to inform them as they will then likely check you are not telling porkies?


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Just been chatting to friend of mind who was a solicitor for 23 years he's just said ring the court to make sure the Judgement was granted !!

Lots of these companies apply for judgements but are not always granted but you still get the official letter (threatogram) to make you cough up

Dont know what you guys think

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Maybe done with all the best intentions but I would say he is wrong.

Judgment has not only been granted but they now have a Warrant of Execution also

- the cost of which, £100, has already been added to your debt.


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