court bailiff - 48 hour Notice Of Warrant Of Execution re CAP1 CCJ

[ConsumerMark]

Hi, new here but wish Id found this goldmine of knowledge before!

 

I have received this in the post today, I have to pay 197.66 by tomorrow or they will remove goods.

 

The debt is from capital one

to cut a long story short I lost my job,

made the mistake of getting a debt company to start helping me sent letters and said that the debt would be reduced as it was not properly executed

then they disappeared and I didnt follow it up. Stupid I know.

 

I have been reading forums and it seems that I should have received some sort of court order previously but looking at my post all I have received is a few threats but nothing else.

I think that I can apply for a set aside but dont really know how.

 

The debt was about £800 but has now doubled and I wont have the 200 before the end of the year.

Im working shifts so wil probably we woken up in the day but is there anything I can do?

[Sparks_]

If the bailiffs have not gained entry to your home they can not just break in and take your stuff! They guys here will advise you what you should do, but for now keep all doors and windows locked, hide anything of value that's kept outside and if you have a car park it a good walk away from your home.

[ConsumerMark]

I'm even more worried now, I though the county court bailiffs were generally good guys!?!

[Sparks_]

Please dont worry, they cannot just break into your home and remove stuff, I am sure the experts will be here soon and give you more reassurance.

[hallowitch]

are you sure it county court bailiffs if the debt was £800 there is every chance it HCEO has the debt doubled because of bailiff fees (if it has then that sounds like its HCEO thats enforcing the debt)

 

don't panic wonkeydonky or ploddertom should be along soon they are the experts on this

[ConsumerMark]

Thanks for all of the advice.

 

 

The notice is from Uxbridge Ccounty court, but also asks me to pay at my local county court bailiffs office.

 

 

There is a red stamp with the name and mobile number of a bailiff and hand written tomorrows date.

 

 

The letter is dated 9th December so I guess delayed in the busy post.

 

 

I assume that it has doubled due to fees.

I see no mention of High Court Enforcement Officers,

there is a headed note paper from local HM courts and tribunals service.

..not sure if thats a good or bad sign?

 

I had no idea that judgement had been made

so really not sure where to start and its hard to find conversations on here that are relevant,

 

 

I think that rules and laws have changed a lot in the last few years as the advice seems to vary.

[Ell-enn]

Hi there, have you moved address since you last had any contact with Cap1 ? if so they may have obtained a CCJ at your previous address?

[ConsumerMark]

Hello Ell-enn, Ive been working all over the place for the last two years but my address is the same and my wife has always lived at the property.

 

Can I send in a N244 to set aside the original judgement or am I wasting my £70 if I dont have a good reason?

[Ell-enn]

I think the first thing you need to do is ring the court and ask for a copy of the original CCJ as you have never received the claim form or judgement order - would you be able to call in to the court ?

[ConsumerMark]

Am I calling my local court or the one in uxbridge? It is a bit far for me.

[Ell-enn]

Your local court should be able to help, try them first

[ConsumerMark]

Thanks for all of the help so far. I spoke to someone yesterday who was very helpful and I have written down as much as i could, hopefully this is enough for now. There was a judgement in the creditors favor which I have missed. Following on from that I should have made payments based on this order but haven't and so the amount has increased slightly. I cant find any official court papers, only threats from various companies that are making money from this. The lady said that she can not offer advice but if I decide to try to challenge this then I would also need to telephone the bailiff to ensure they dont come.

 

I have other debts which also I cannot pay, in fact this has given me a wake up call and I am getting information collected so I can do another post. I really dont want to go bankrupt but I have a lot of money I cant pay!

 

Can anyone please advise me if I should either pay the £200, or put in a set aside claim?

[wonkeydonkey]

You can apply to set aside the Judgment as you were denied the opportunity to defend the claim or make an offer of payment to satisfy the debt either in full or installments.However even if the set aside is successful it does not remove the fact the claim can be brought again and quite often the Judge will move straight on to hearing that claim so you will technically be swapping one ccj for another. It would allow you to offer payment by installments and the creditor being placed to argue the amount they want to see you pay, this usually ends up with the Judge deciding the repayment figure.

 

Alternatively you can make an application N245 to a variation order whereby you are admitting the debt and seeking a way to manage the repayments at an affordable rate....you will need to submit an I&E with your application to show your offer of £x per month is truly all you can afford.

 

WD

[ConsumerMark]

Thanks for your help. Really appreciated.

 

When I first started, I had a company helping me and they were going to look at PPI and correctly executed documents and said they would be able to negotiate lower rates. At this stage I feel that this has gone and I shouldnt have let it get this far. If anyone has been here then your option is also valuable.

 

I also am self employed and very often dont have enough income to cover my mortgage and bills, I also have debts that I cant cover and some are more than this one. As I dont have accounts made up yet I dont know how I can prove this.

 

With this in mind and sorry there is not more details, which is the better option for me? If it fair to say that the first option will give me more time to sort out my circumstances?

 

I have also tried to call the bailiff directly but ant get hold of him, I have use of a car from family which is registered to someone else at another address, Im worried that this wont be here when i go to work tonight!

[ConsumerMark]

Sorry if i sound a bit thick, wll I am with things like this! If anyone cn help Id really appreciate it.

[TB Law]

You have been given two options, apply for set aside, or a variation. which of these would like to do?

[ConsumerMark]

I think that the set aside is the best option as I think it will give me a chance to challenge the debt and hopefully get it back to the original amount as the interest is now bigger than any of these payday loan shark people!

 

I tried to tell more about my circumstances, which i know isnt great but thank the lord I am bringing in some money. Is the set aside the way to go for me as I think the amount of the debt is so high.

[TB Law]

An application for set aside is made on a form N245. You can download it from the court service website.

 

On the form, in part 3 of you application, enter something like this ...

 

 

The Defendant applies:

 

a) for the writ of fieri facias to be set aside

b) to set aside the original judgment made in the county court

c) costs

because:-

The Defendant has moved and the judgment was made in his absence and without his knowledge

[wonkeydonkey]

Sorry to correct you TB Law but set aside is made on Form 244 (along with applications to stay High Court Writs of Fi'Fa') an application for variation to the order is made on N245 the OP states earlier in the thread the ccj is with the County Court and makes no mention to it having been transfered up to a writ of Fi'Fa.so the grounds will not be those you have given.

 

WD

Edited December 20, 2012 by wonkeydonkey

[TB Law]

I stand corrected.

 

James you need to complete a form N244 and enter the above in Part 3 of the form.

[ConsumerMark]

I cannot thank you all enough.

 

One silly question, but should the set aside go to the local courts where the biliffs are coming from or Uxbridge which I assume is local to cap one?

[ploddertom]

On what grounds are you going to apply for Set Aside? The application needs to be sent to the Court where the original CCJ was granted. Have you applied to suspend the Warrant of Execution & if so what grounds have you used?

[ConsumerMark]

I spoke with the Baliffs office who werent that helpful, they said they wouldn't be visiting today and that I should call back when the set aside application was in place.

 

Will the n244 not be enough to stop the warrant and if so what other step should I make? Do i need a n245 also?

[TB Law]

James, if this is not High Court, change your Part 3 to this and file it at the court making the judgment as PT says.

 

 

 

The Defendant applies for:

 

 

a) the judgment to be set aside

b) costs

 

because:-

 

The Defendant has moved and the judgment was made in his absence and without his knowledge

[TB Law]

Will the n244 not be enough to stop the warrant and if so what other step should I make? Do i need a n245 also?

 

 

 

1. Yes

 

2. No other action needed. but make three copies of your completed form 244, one for the court, one for the bailiff company and one is your file copy.

 

3. No N245 needed.