HCE officer - Stat Demand now served on me.

[roxy100]

Hi

I would be grateful of some advice

 

I have a debt of 12k and was paying £20 per month as this is all i can afford...however this was rejected recently and the bailiff keps calling, i have no assets at all and live at my boyfriends house, everything is in his name...how can i stop them calling (without paying the 12k), someone told me that i can apply to the court so the court can decide if the £20 is acceptable and then the bailiffs have to stop hassling me...is this correct...

 

it is too late to set aside as it is over 18mths old...

 

any advice would be welcome...thank you..

[i hate bailiffs]

There is no right of entry for the bailiffs and they can not take goods that are not yours

 

did you ever receive the court paperwork to file a deference

I am assuming it is a CCJ?

[sgtbush]

need more infomation on the debt type and circumstances to help

[roxy100]

hi, thank you, yes it was a ccj...it was a gift of money in 2005, but since the relationship went bad, the person decided it wasnt a gift and took me to court, i was a bit naive and tried to represent myself...and lost!! even though there was no written agreement that it was a gift..

 

the judgement was over 18mths ago so i guess cannot be set aside...i can pay £20 but not any more and am scared that if they knock one day and my step son (19) answers, they may persuade him to enter...i have told him not to let anyone in...but it is just a worry

[i hate bailiffs]

I don't know the ins and outs of set aside others will no doubt

 

If you have no assets and no way of paying it back you could consider going bankrupt

it could be a new start and the stigma attached to it is not that bad

[ploddertom]

Unless there is a particular point of the original hearing that was wrong the CCJ will stand and think you would find it difficult to apply for Set Aside. Due to the amount I assume it is a High Court Enforcement Officer that has visited. Have you been left any paperwork, if so can you say what? Who do you pay your £20pm to? Is this level of payment set by the Court or is it just a mutual agreement, if so who with?

[roxy100]

Hi, yes it is a HCE Officer, they have left a 'we will enter and remove your goods' letter. No it is a level set by myself as to what i could afford, the officer put this to the claimant and i paid it to HCE for 8-9 months and then they came back and said that the claimant didnt accept it, then they took the writ away and after about 3 months they came back to enforce it again...i re-iterated that is all i could pay, the HCE were ok...they said..look we wont go away, there are ways you can sort it out, take legal advice...but we cant advise you...obviously they act for the claimant...so i was told...go back to court...i may have to pay a fee, and the court will decide if this is all i can afford...the claimant seems to think i have assets and can pay..but i really do not...

 

what would you advise...thank you...

[brassnecked]

These HCEO's seem to be acting fairly in recommending you go back to the court for a variation order.

[ploddertom]

You can halt the HCEO by applying for a Stay of Execution that would halt all further enforcement action & costs. With their fees & what you owe then I'm afraid the chances of you paying this off before you draw an OAP Pension may be remote. If you want to apply for a Stay it costs £80 but that fee may be waived if you claim certain Benefits or are on a low wage. The Stay is applied for on Form N244 and Fee Remission may be claimed by using Form EX160 but you would also need to see if you qualify by looking at Forms EX 160a & EX160c.

 

It may be easier to put your payment on a more formal footing. To do this apply for a Variation Order on Form N245 cost £45 unless you qualiy for remission. You will need to supply I&E for this so make sure your present payment is all you can afford.

 

All forms available from HMCTS website and it must be remembered that the Stay is the most important of the 2 applications.

[brassnecked]

Exactly, the stay must be done asap, and then the variation so te court can set a payment according to your means, it takes control and enforcement away from the HCEO, which is why the only mentioned a variation order obliquely, follow ploddertoms advice, and you should be ok.

[roxy100]

Hi, thank you all very much for your advice, I will follow that and get it done today.

[wonkeydonkey]

Hi, thank you all very much for your advice, I will follow that and get it done today.

 

If you find yourself struggling with the N244 please do come back to the forum as help is available...you are not alone to getting this sorted .

 

WD

[HCEOs]

I would advise following ploddertom's advice above.

 

Unfortunately the HCEO must fulfill his duty to seize goods and/or recover the debt if possible as he could be liable for a claim by the creditor. Given that the claim relates to an ex-partner it is likely that the HCEO is getting undue pressure to recover the debt and refusal to accept your payment plan from the creditor himself.

[roxy100]

Hi, i spoke to the bailiff today, and he advised me (off the record) that the best thing for me to do was apply for a variation order, as stated above. Then send him a copy. But make sure i give a payment i am comfortable with, because if i miss even one payment then the order is cancelled.

 

I assume the claimant can still disagree with my offer here?

 

Will i need to attend a court hearing for this?

[wonkeydonkey]

Hi, i spoke to the bailiff today, and he advised me (off the record) that the best thing for me to do was apply for a variation order, as stated above. Then send him a copy. But make sure i give a payment i am comfortable with, because if i miss even one payment then the order is cancelled.

 

I assume the claimant can still disagree with my offer here?

 

 

 

 

Will i need to attend a court hearing for this?

 

 

 

Firstly...how refreshing to read your EO offered advice allbeit basic advice, it is accurate and worthy of

 

If there is a stay in place the creditor has to go back to Court to have it removed to permit any further application to vary the previous order, that gives you security to not having to worry the creditor can sneak in to obtain an increase to the order without you being aware!!

 

Depending on where you live and if your local court acts as a district registry to the High Court, we always recommend you take all applications to your local court in person.

 

Please take care when making your offer to ensure you have left yourself enough to deal with life's 'emergencies' and remember a late payment is on a par with no payment on the due date and the consequences are the same..default.

 

Your claimant can indeed refuse the amount you offer but the Court has the final say You will need to attend a Court hearing but you have nothing to fear in doing that, often is the case you don't get time to sit down and you are gathering your belongings ready to leave.

 

WD

[roxy100]

Hi, ok been to court, claimant refused the offer of £20 per month, judge said he couldn't suspend warrant as it would take too long to pay off the debt at 20 per month...so i guess the bailiffs will still call!!!! i have no assets, the judge did tell them that it would be very hard to enforce without assets, all i am concerned about is the bailiff calling and my stepson maybe leaving him in. If they know and have had proof that i own nothing here, can they still be awkward and levy??

 

i am just looking out of the window all the time waiting for them to call, it is very stressing..what else can i do.

[brassnecked]

Hi, ok been to court, claimant refused the offer of £20 per month, judge said he couldn't suspend warrant as it would take too long to pay off the debt at 20 per month...so i guess the bailiffs will still call!!!! i have no assets, the judge did tell them that it would be very hard to enforce without assets, all i am concerned about is the bailiff calling and my stepson maybe leaving him in. If they know and have had proof that i own nothing here, can they still be awkward and levy??

 

i am just looking out of the window all the time waiting for them to call, it is very stressing..what else can i do.

 

did the court NOT set a repayment in line with your available income? This seems harsh.

[roxy100]

No....they had my income and expenditure and could see that 20 was all I could afford...the judge said that he couldnt suspend the warrant based on that figure.....he did say at the start of the hearing that he knew the claimant!!! but I thought he would still be impartial...he did tell her that the only solution really was to maybe was for me to give a full and final settlement if i could borrow the money to do that....

 

but i dont know what to do now....

[brassnecked]

No....they had my income and expenditure and could see that 20 was all I could afford...the judge said that he couldnt suspend the warrant based on that figure.....he did say at the start of the hearing that he knew the claimant!!! but I thought he would still be impartial...he did tell her that the only solution really was to maybe was for me to give a full and final settlement if i could borrow the money to do that....

 

but i dont know what to do now....

 

Appeal perhaps, as that judgment was unduly harsh, if that was all you can afford, dodgy handshakes, and golf club spring to mind, as judge admitted knowing claimant, that of itself is enough to ground an appeal or at least a complaint to MOJ, under a conflict of interest, judge should have stood down from the case etc. other Caggers will no doubt give other angles on this.

[wonkeydonkey]

Roxy 100. I have sent you a PM as there is a delicate question to be asked!!!

 

WD

[brassnecked]

Roxy 100. I have sent you a PM as there is a delicate question to be asked!!!

 

WD

Best option at this point WD

[roxy100]

Hi WD, i cannot reply to that i'm afraid as my post count isn't high enough??

[wonkeydonkey]

not a problem I will give you an alternative contact.

[ploddertom]

If a problem you may relay it through me.

[roxy100]

Hi, can anyone else give me some advice on this please....why do bailiffs keep calling when they know i have no assets here and nothing belongs to me...what is the point in that...nothing will change..should i appeal the court decision...