Writ or Ex

[knoker77]

Hi

 

I had a CCJ issued a while back about 6 months ago these are the facts

 

1) CCJ issues

2)High court writ of Ex Issues

3)Bailiff visit

 

4) payment plan agreed X amount by the 5th of every month

 

For the Last 6 months i have paid without problem on the 2-3-4-1-3 of each month

 

Ive rung up today to pay and they say my agreement has been canceled as ive been making late payments as it takes them 2-3 to allacate payments

 

If i knew this i would of paid a day or two earlyer , just wondering my options now as they have the Writ etc

 

I would like to get my payment plan etc

 

Cheers James

[ploddertom]

Do you know if your payments are made using Faster Payments Service? What time of day do you usually pay?

 

Why not tell us a little of the history behind this? Are you comfortable with the payments you are making or would you like them reduced further? How did the HCEO get involved?

[knoker77]

HI

 

I Ring up and Pay on My Card , Gose Straight out of Bank Yes the payment figure is ok i dont need it reduced , Not missed any have always thought i was up to date.

 

I always pay in the morrning before the 5th

 

HCEO got involved as it was a CCJ from my EX account for around a £900.00 Which we did not agree on he took me to court and got the CCJ and then got the Writ - Baliffs came and agreed a payment plan

 

Have made payments each month then since then around 6 months ago

 

I would like to do whats needed to get some control of this

[ploddertom]

If you are paying by giving them your card details then it will take longer to go through the system. However they should have told you at the beginning it was going to take extra time -not 6 months later. It would appear to me they are trying to engineer an excuse for further fees. Have they informed you of the fees they have charged so far? At a guess they may be keeping 40% of any payment for themselves as a contribution to fees. If paying in instalments it is better to have this rubber stamped by the Court than an amicable agreement.

[knoker77]

ok great how do i get the court to rubber stamp it ?

[lamma]

Allocation of the payment is a different thing than receipt of the payment - and has a different time scale ! If the payments reached them on the dates you quote I fail to see how you are at fault. What is the exact wording of the original agreement ?

[lamma]

card details ? do you (both) mean a bank card ?

thats T+0 nowadays (*unless the bank is sequestering the funds for a few days based on the old '3 days to process a cheque' trick)

[knoker77]

I mean bank card yes , the agreement says by the 5th of every month .

[lamma]

there must be more words than "by the 5th of the month"

[knoker77]

I am afraid i dont have the orginal doc as ive moved since then

 

However i have no spoken to someone with a bit of Sense and they have re-instated my Plan

 

So the only question i have is

 

How can get these payments agreed by the court as said above ?

[ploddertom]

If you want to have the payments "approved" by the Court then you would need to apply for a Variation Order which is done on Form N245 - cost approx £40. One word of caution though and that is you do have to supply I&E so if you are making a low payment at present then this could be increased depending on your incomings & outgoings, of course the reverse is also true if you are making high payments the Court could reduce them. If you do apply then also note the Claimant has a right to object - in which case a Judge will decide - and could themselves apply to vary the payment at a later date.

 

My concern at present would be the fees you are being charged and think you should ask for a breakdown.

[ploddertom]

The way round how you are paying at present is to make payment a week before it is due. Everything should then be in cleared funds by your payment date.

[knoker77]

Thanks for you help even more so on a Friday night !

 

I have no Problem Paying a Week Early , As i stated i did not know how long it took for them to sort the payments out.

 

I think i will look at going the N245 Route as i dont want to be shafted again by them.

 

 

 

Thanks again.

 

Cheers J

[ploddertom]

There is one thing I have not mentioned as yet and that is a Stay of Execution against the HCEO & Writ. If granted it prevents further fees or enforcement being carried out unless of course you break the terms of the Order. To apply for this you do need some grounds as to why it should be granted & strangely enough one of the most common is if you cannot afford the fees being charged. Unlike fees for Council Tax or Parking Tickets, fees for HCEO work can be astronomical - doubling or even trebling the original debt - meaning you can be indebted for several years depending on payment levels. This is why I suggested earlier asking for a breakdown of their fees - most can be challenged.

[knoker77]

perfect i will ask and get the info and keep the payments up and then come back when i have the info and see if its the right thing to do