Daughter has CCJ and valid put a writ on my car

[apples76]

I hope that someone could

Point me in the right direction. My daughter has had a CCJ against her due to a student flats she didn't take up or pay anything to and just ignored.....

 

I came home to find that a bailiff had called during the day and put a writ against my car that I had on the drive. What I. need to know is how do I contest this and get it removed....

 

Appreciate your help. Thx

[apples76]

I also need to add that this has been moved to another court from the bulk processing center to another court with an new hearing date. Is there a form that needs to be filled in to stop any further collection actions by the bailiff?

[Ell-enn]

Hi there, you need to contact the bailiff company and tell them that the car they have levied on does not belong to your daughter - you will need to send them proof of ownership. Does your daughter live at home with you?

 

 

Which bailiff company is it?

[apples76]

Yes she lives at home, proof is not a problem I have the V5. What about the halting the collections pending the new date?

[apples76]

The company is andrew Wilson and co

[apples76]

I have spoken with the bailiff and he told me to send proof of ownership to their office address.

 

He would not tell me how to hold the collection proceedings so could someone please advise how I need to go about this.

 

Thx

[Ell-enn]

Make sure you send proof of ownership by special delivery so it has to be signed for, enclose a letter of explanation adding that there is a court hearing to determine payment (send a copy of that also) and therefore visits by the bailiff need to stop. I can't see what he is going to collect anyway - obviously you wouldn't allow him into the house.

[unclebulgaria67]

I have spoken with the bailiff and he told me to send proof of ownership to their office address.

 

He would not tell me how to hold the collection proceedings so could someone please advise how I need to go about this.

 

Thx

 

Your daughter needs to look at applying to set aside the CCJ. http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

 

 

This is the CAB advice on stopping bailiff actions.

http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/debt_bailiffs_e/how_to_stop_bailiff_action.htm

 

I have provided the links to information, which might save time in you posting information and then questions being asked for more information. It may be easier to follow the guides that are provided by National Debtline and CAB.

[AndyOrch]

There may be insufficient grounds to make application to set a side the judgment ...you must deal with the incorrect levy first (which you have) you (your daughter) can also make application to stay the writ (using the N245) if she is prepared to go down the set a side route to challenge the judgment.

 

Regards

 

Andy

[apples76]

Update and new question.

 

the writ was removed by the bailiffs so thank you for the info.

 

The case went to court and had the remaining defendants added to the judgement. although i did send a letter requesting the court did not do this and let my daughter pay the current amount by 31/08.

 

the judgement was as follows:

 

the remaining defendants (other students on the lease agreement) have now had a judgement against them for the current total amount owed plus additional costs and fees. in the judgement it states that they shall each make a set payment monthly and if one of them fails to pay then they shall become responsible for the debt in full.

 

it does not mention the original order made by the bulk center where my wife (Guarantor) and daughter were given a CCJ.

 

What i would like to know is where we currently stand legally with this and the original judgement.

 

Also it appears that the bailiffs who came to the house have been appointed by the claimant and not the court, does this mean they have diffent powers to enter the home etc...?

 

Thx.

 

Worried dad.

[ploddertom]

What you had was a visit from a High Court Enforcement Officer but as they seem to have acknowledged proof of ownership of the vehicle that has now been removed. For residential premises they have no more rights of than a common or garden Bailiff collecting for Council Tax - although the Form they use may suggest otherwise.

 

Does the new Judgment have a different number to the original?

[apples76]

I am not sure about the reference number as I phoned the court to get the info... The judgement has still to be typed..

[debbbbsy]

it does not mention the original order made by the bulk center where my wife (Guarantor) and daughter were given a CCJ.

 

has your wife been issued with a ccj ?

[apples76]

Yes both my wife and daughter..

[apples76]

Shameless bump...