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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Fastest and best way to enforce CCJ?


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Hi

 

What is the fastest way to enforce a CCJ?

 

The company I am claiming against time is running out to respond to my claim so I should be able to apply for a CCJ shortly. If they do not acknowledge my claim and I request judgement then what is the fastest and most effective way to proceed and make them pay?

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Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

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Depends entirely what assets you can identify. If they have a shop, sending bailiffs is the fastest. If you know their bank account, a third party debt order could be fastest. If the company does not have any assets then enforcement becomes very difficult.

 

The only true 'fastest' way is to convince them to pay up without having to take further enforcement action.

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Hi,

 

If you get the CCJ they get 28 days to pay before it will really affect them.

 

It if goes beyond this then you can apply to the Court to enforce the debt and get a Warrant of Execution As it's a company you would probably ask for a High Court Enforcement Officer to contact them.

 

 

 

 

You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

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yep HCEO's

£60 I think

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You can enforce a forthwith judgment on day one. There is no need to wait 28 days.

 

I too would use High Court Enforcement Officers as they can break into commercial premises.

 

You are right, of course. I meant that they may delay payment after the CCJ because if they pay within 28 days it can be removed from the Register so won't be there for six years. Sorry, I didn't put that very well.

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Thanks people.

 

I have tried to be reasonable but all they have done is mess me about so I just want to end this asap

 

Yes they have a high street commercial premises with plenty of assets. I'll enforce judgement straight away through hceo

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I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

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I phoned mcol and they were no help saying they could not give advice only that the ccj will be in the claim name and they can send me forms if I would like to amend it. I asked them to email them me and I now have them but I still dont know if to change the name. Name and address or neither? Its going to cost 40 pound to amend

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I wanted to keep as much info private but I will reveal some details.

 

I am a student and the company owes me money for work i did for them in the summer that they did not pay me for.

 

I claimed against the company trading name but they are registered as a limited company with limited after their trading name (i just wrote *companyname* not *companyname ltd* )and they are registered at another address with companies house different from the high street address.

 

Have I messed up? Do I need to change the name to *companyname limited* and do I need the address changing or can I use the high street address that I worked at?

 

 

 

 

You may face some problems by not using the correct Defendant's name. Without the "Ltd" bit at the end of the name on the judgment technically it is invalid as there is no legal entity stated.

 

You could risk it and hope nobody notices but you could end up wasting £60.00.

 

If you do decide to go for it us the business address, not the HO address.

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Not prepared to take risks. I have waited 6 months to get paid so a few extra weeks and for £40 amendment wont matter.

 

So I should change the company name then keep the high street shop address? Yes?

 

 

 

 

You don't need to change address on the CCJ just state the shop address in the Writ of Fifa.

 

Applying to amend the name can open a can of worms regarding service etc and alert the Defendant to apply to set aside the judgment. You may also have to pay the Defendant's costs of the application.

 

Seek legal advice ftima qualified and insured professional is my advice.

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So I should request judgement now?

 

The stage I am at is claim issued. their time to acknowledge service is up and I can request judgement

 

There time has passed to reply. My only concern was that they did not reply because I had not put limited after the company name so they knew I had messes up?

Edited by avocados
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Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

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Who was your actual employment contract with? That is the name and address you should use.

 

Have they ever given any reason for not paying you?

 

Do they have a reputation for doing this kind of thing?

 

It may be they haven't responded because they think the claim will be thrown out if the name is not correct.

 

Had a little longer to think on it. I am going for the name change. Can't see it be allowed to be thrown out of court for that. Surely any judge with an ounce of common sense would see that I am just an average member of the public with zero legal knowledge and mistakes like this happen. For £40 I would prefer to guarantee to be able to enforce the CCJ.

 

No reason for not paying me. All that I have had is you will be paid next week, then sorry you will be paid the week after then more lies and delaying tactics. There is zero chance that they have any defence with the amount of evidence I have saved up.

 

No idea on their reputation but I am going to make sure that I totally destroy it if I don't get paid :mad2:

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On the N244 form there is two questions which I am not 100% about

 

3. What order are you asking the court to make and why?

...I know to put I would like to amend the defendants name from: xxxx. To: xxxxx Limited.

but why? Would " xxxx is not the full name of the defendant. The full name of the defendant is xxxx limited" be ok

 

And..

10.What information will you be relying on, in support of your application?

the attached witness statement

the statement of case

the evidence set out in the box below

...Should I tick evidence below? Then Is this ok... I was employed by a xxx called xxxx,

xxxx is owned by xxxx limited.

The money claimed is owed by xxxx limited

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  • 1 month later...

Ok update.

 

The name change was accepted by the court unchallenged by the defending company

 

I served the amended papers on them and they ignored again.

 

So I have now been able to request Judgement and I have received an email confirmation that it has been awarded.

 

Where to next?

Do I have to give the defendant reasonable time to pay the CCJ or am I able to push to enforce the debt straight away?

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Morning avocados,

 

I would send them a recorded delivery letter enclosing a copy of the Judgment and ask for immediate payment. Tell them that if you do not receive payment within seven days you will be instructing a High Court Enforcement Officer to visit them.

 

DD

 

Why give them advance warning?.....Wait for the judgment (N24) and check the payment order (forthwith/7/24/28 days)

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