Advise on court case against me

[babaginda]

Hiya,

 

Bit of advice needed,

 

I have a CCJ against me for £5000 that is currently outstanding.

 

Originally I was hoping to have this paid by the end of Feb - awaiting for a compensation payment to come in which would cover it - but that has come in late so looking like the end of April would be the earliest.

 

There are two things I need advise on -

 

Firstly is there an official form I need to fill in to propose the above repayment

Secondly- Its a strange one but the debt is a personal money owed to someone, I have requested a number of times in writing but they keep sending emails/ calling my dad regarding this saying it needs sorting today or baliffs are coming to visit me etc, are they allowed to do this? It has nothing at all to do with my dad

 

Many thanks for any help given

[HCEOs]

The CCJ could be transferred to the High Court allowing a High Court Enforcement Officer to visit you to seize your goods etc. A County Court Bailiff could also be instructed with similar intentions. It is only your goods that are available for seizure but if you live with your parents they might have to submit an interpleader claim if any of their goods are seized.

 

You are far better to try and deal with it before it goes this far.

[BRIGADIER2JCS]

No they cannot do this, discussing your business with any third a party is a breach of the Data Protection Ac 1998.

 

I a simple letter to cease and desist ccontacting your father.

 

To Whom it May Concern.

 

Ref: CC Claim No. xxxxxxxxxxxxx

 

Take note Continued Harassment of Mr. xxxxxxxxxx regarding the above mention claim must cease immediately Mr. xxxxxxxxxx is not a party to the claim in any way, continuing to Contact Mr. xxxxxxxand discussing this matter with him is a breach of the Data Protection Act 1998 and will be reported to the relevant authorites if it continues, also your conduct in ths matter will be reported to the court.

[babaginda]

Many thanks

 

I will get that sent out tonight,

 

Is there a way of finding out if baliffs have been appointed? or do I just have to wait and see if someone turns up?

 

If I pop into the court would they be able to tell me?

[BRIGADIER2JCS]

You should be notified if the creditor has applied for a ''warrant of execution'' which must be done be fore bailiffs can be instructed.

[babaginda]

Brilliant, thanks again, is that the same if they have appointed High Court Baliffs?

 

Have never received anything like a warrant of execution

[BRIGADIER2JCS]

You should be notified yes.

[HCEOs]

You will not be notified if the judgment is transferred to a High Court Enforcement Officer. The likelihood is that he first you will know is when they turn up.

[babaginda]

You will not be notified if the judgment is transferred to a High Court Enforcement Officer. The likelihood is that he first you will know is when they turn up.

 

Oh okay then,

 

thats not good,

 

Is there noway I can find out if this is the case or just a threat thats been made to me?

[HCEOs]

Not that I know of.

 

As you have the CCJ against you it is the creditors right to have it enforced. County Court Bailiffs will give you 7 days notice but the HCEOs will not.

 

You really need to sort something out with the court before it gets to this stage. Maybe a variation order?

[babaginda]

thanks again, how do I got about getting a variation order? - Have never heard of one before,

 

I am off tomorrow is it something I can do in a day?

[i hate bailiffs]

If/when bailiff or HCEO turn up it is important to keep them out neither of them have the right of entry to a residential address

They can not take goods that do not belong to the debtor

[ploddertom]

How is the Judgment worded that you have - does it say you must pay Mr X £5k Forthwith or similar or something else entirely different? If you want to apply for a Variation Order you need Form N245 from HMCTS website, it is simple enough to fill in including I&E and must be returned to the Court where the CCJ was awarded. Cost of the application is £45 or if on certain Benefits or low wage it may be waived - see Forms EX160a & EX160c for details.

[tomtubby]

You must make sure that you deal with this matter URGENTLY. Given the size of the debt it would be so simple for the claimant to apply to "transfer up" the debt to a High Court Enforcement company to enforce and this will add significant additional fees to the debt.

 

You really MUST apply to the Court as quickly as possible to have the amount varied to repay at an affordable amount. You will need to do this by completing an N245 Variation Order. The form is quite simple to complete.

 

As least by having the debt repaid with the agreement of the court you will not incur any additional fees and when your compensation payment eventually gets paid you can if you wish pay the balance of the judgment.

[babaginda]

Hiya,

 

bit more advice needed.

 

I spoke with them and they had not escalated and wanted me to pay them ( via there dads company by card ) I gave my card details to them in letter authorising payment for Monday in full.

 

However, they have emailed me today to say they are going to try and take £2000 today ( which I have not authorised them to do )

 

Are they allowed to do that? Also now that they are saying they are going to I am worried about them having my card details, am I legally able to say to them not to take the card payment now as they have proved to be reckless with my details and to pay via bankers draft instead? How would I word this?

 

I feel stupid now giving my card details but wanted this sorted

 

Will probs go to bank in a minute and cancel card

[HCEOs]

They cannot take a payment that is unauthorised and you should notify your bank, possibly cancelling your card as you have now compromised it.

 

I would also question why the payment is being made through the third party. It may be that it is the only way they can take a card payment but I would be cautious that you are not aiding some kind of tax evasion or committing an offence under money laundering laws.

[tomtubby]

HCEO....very good advice.

[babaginda]

Hiya,

 

Thanks for the replies.

 

I have cancelled my card and am going to put something in writing to them tonight, any idea what I should put?

 

They asked for card payment to be made there - there dads company - because they do not have the facility themselves but had no idea there may be any form of money laundering laws with it! - did not even cross my mind

[wonkeydonkey]

Ask them to provide bank details and tell them you will transfer the money to them using the fast payment process online...or offer them payment by cheque/bankers draft.

 

WD

[caledfwlch]

Keep a close eye on your account! As I discovered last year and again by the same company this year, cancelling your card makes no odds, as an unethical company can still put through payments via the cancelled card if its a VISA, in that case you will need to contact your banks retail disputes team to reclaim the money.

[tomtubby]

I would interested to know of any outcome for this query...