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Backdoor CCJ - Hospital - now HCEO NOE . N244/N245 Help ***WON Set a Side***


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I think I know what I am doing but just need it confirming.

 

I have a CCJ against me for £1007 issued 9/9/14

 

Yesterday I received a letter from a HCEO it says

 

Sum Outstanding £1118.75

Interest £3.09

Compliance Stage Fee £90

 

Total Sum £1211.84

 

I am going to my nearest County Court that deals with High Court Matters.

 

It is my intention to make an application for a stay of execution (N244)

and also an application for a variation of the order as it was a forthwith judgement.

 

Just to murk the waters a little,

 

I received a letter from a DCA after the CCJ was issued telling me to contact them within 14 days.

I havent nor can I for the love of me find this letter.

 

Couple of things, is that correct.

 

Fill a N244 for the stay and N245 for the variation of the order.

 

I will try and take them first thing and have ask for a Judge to do it their and then.

 

And other advice received with thanks

 

Sorry, any idea why the amount owed has gone from £1007 to £1118.75 within a month?

Also if the value is incorrect on the writ, can this be grounds for it to be nil and void?

 

Thanks

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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The difference is the Costs of Execution. You seem to have in hand what you need to do. What grounds are you going to ask for the Stay on? Also note the application fee for N244 is £155 & N245 is approx £50, if not paid at the time your application is put on hold. If on certain Benefits or low wage then a full or partial exemption of fees may be possible - see Forms Ex160a & EX160c for details.

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PT is correct, the difference is £111.75 costs of execution.

 

The reason you now receive a notice of enforcement is to allow you to come to an arrangement with the HCEO for the creditor. You have no grounds for a stay of execution.

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Can you please explain why I have no grounds for Stay of Execution.

 

I find it interesting that someone ASKS what my grounds are but you TELL me I dont have any.

 

Thanks

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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The fact that are trying to circumvent the HCEO and pay the court directly suggest that is the case. The intention of the Notice you received and the regulations that brought it in are for you to be able to negotiate. The court should refuse any application that goes against this. Whether they will or not will have to be seen.

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Whilst I see HCEOs point of view - and it is right that it as an opportunity to pay or make an arrangement before any visits or seizure/removal of goods. I asked the question because we do not know the OP's circumstances, there are many instances where the first a debtor knows of anything is when the Enforcement Agent turns up on the doorstep. Of course if the debt has been followed all the way through then an offer of payment should have been made to the Court in the first place.

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The fact that are trying to circumvent the HCEO and pay the court directly suggest that is the case. The intention of the Notice you received and the regulations that brought it in are for you to be able to negotiate. The court should refuse any application that goes against this. Whether they will or not will have to be seen.

 

I think that you will agree that the new regs do actually allow for a 'stay' in the High Court although I am aware that many County Courts are allowing 'stays' to be made but from the many cases that I am seeing these are not a 'walk in the park'......and in fact, far from it!!

 

Only yesterday I received an enquiry from a debtor who has been asked by the court to provide copies of bank statements for the past 6 months to evidence that she cannot afford to pay the debt and two cases from last week where debtors had been ordered to pay the creditors costs for 'opposing' such applications.

 

The new regs have only been in force for a few months and the courts are frankly 'not up to speed' and in particular; they seem to be unaware that applications for a 'stay' should now be made in the High Court.

 

Secondly, debtors appear to be unaware that they can make a payment proposal anyway during the "Compliance Stage" with the High Court enforcement company and that if accepted, they will only incur a Stage 1 fee of £190.

 

If an application for a 'stay' is made to the High Court there is a fee of £155 for the application and the possibility of additional charges if the creditor opposes the application.

 

PS: I am sure that this subject is one that will feature in the forthcoming 'review' meeting with MOJ in 3 weeks time.

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I may have to ask this question elsewhere but

 

I am applying for a Set Aside and the claimants solicitor has, in writing, agreed to stay the HCEO until this is heard.

 

The question I have is I received services from a compaany whos website says

 

Please note that prices quoted on this website are guide prices only and will only be confirmed once an assessment has been made.

 

I did not receive any price but did receive the services. I then received an Invoice three weeks later.

 

 

This is not the sole arm of my defence but it is something Im looking to add. That there was no notification of cost in advance.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hi

 

I am applying for a judgement to be set aside

 

Can I, on the same application or in the same hearing (To save money) apply that If I fail that the forthwith order be varied to £XX.XX per month.

 

This is currently under a HCEO order but the claimant has agreed to hold off until the Set Aside is heard.

 

Thanks

 

Plod, I have tried to message you as the details for my claim are very specific and I know from past experience that the claimants solicitor reads this forum, and your inbox is full.

 

Is there a way I can send it to you?

 

Thanks

 

Plod, can you post when you have read so I can delete the post please. Thanks

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Yes if the judgment is less than 14 days old...otherwise no you must use the N245 Isiris

 

Andy

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Booo lol

 

Thanks Andy

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Sorry but been one of those days. I've been able to see what you wrote and see the problem you have. I would agree with your thoughts about their admission and would go back to the same person to see if they can reolve this for you. If it is their fault then there is no reason why they cannot themselves apply to Court to have this set aside.

 

In the meantime you have the Enforcement Agent breathing down your neck and again it is for the person you spoke to to resolve this by asking they refrain from enforcement.

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Thanks for the reply Plod.

 

I think that they are now conscious of the fact that they have paid so much in enforcement fees that they do not what to agree to the set aside. When I very first spoke to the solicitor, he agreed to the set aside but wanted to speak to the client, who then said no.

 

As I said, they have agreed to stay the HCEO until the Set Aside is heard.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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  • 2 months later...

Hi

 

Im in court Monday on a Set Aside hearing and today, I have received a 5 page Witness Statement from the other sides solicitors.

 

SURELY this is not reasonable as I am a Litigany in Person and they have known about this date for 8 weeks.

 

Advice please

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I think that you need to tell us about your application

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Ive just noticed as well, they are claiming £742.50 for costs for the hearing. Any advice please.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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The judgement was a default judgement

 

I moved out of the address they had for me and didnt tell them though at this point they were communication via email and not letter. I have a very very vaild defence which has been seen by plod on here and they agree.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Ive just noticed as well, they are claiming £742.50 for costs for the hearing. Any advice please.

 

Honestly cannot see them getting that.

 

Because they have left until the last minute to send the documentation you should have had ages agoyou could ask for one of 2 things on Monday:

1 - that the documents be dismissed as inadmissable

2 - ask for an adjournment to digest them & respond

 

It would be interesting to see when they submitted them to the Court & if this was in good time why yours were delayed.

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Thanks plod

 

Should l I address this before the discussion of the set aside even begins.

If they do allow the witness statement, how do I argue the costs. This all seems a money making excercise to me

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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At the hearing the claimant usually gets to speak first, they will outline their case to the Judge and then you will be asked to comment/reply to any questions the Judge has. This is when you can raise the matter of late submission to the paperwork and ask the matter be adjourned to allow you time to take further advice/digest their comments.

 

I you do not feel comfortable with what has been thrust on you at such a late stage in the proceedings or you do not understand the paperwork, then I would strongly recommend you ask for the adjournment do not go ahead unless everything is crystal clear and you can counter any arguments arising from this recent submission confidently.

 

When you arrive at the Court it is usually the case the solicitor acting for the claimant will approach you and suggest a 'little chat' (to try and reach settlement) it would pay you to advise them at this juncture you will be bringing the matter of the late submission to the Judges attention and be seeking an adjournment. If the case get adjourned you can ask for your costs to having attended that day.

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Cheers WD

 

I would prefer I think as its a Set Aside to actually have their submission dismissed as inadmissible. They have known of the date of this hearing date since the 1st of December 14

 

Also, how do I question their costs?

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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