HCEO action and CCJ. I had no idea, please help to contain this!!!!

[Ash01234]

Hi all,

I hope you can help with situation that I find myself in within the last 48 hours

and of course I can try and support with what I have learnt in recent days if it helps. Sorry for the long mail!

I had a call from HCEO on Tuesday identifying himself and asking if I knew a particular person.

He caught me on the back foot and I did not know the name.

He proceeded by saying next steps would be taken, I had no idea what he was talking about,

the name and what next steps meant even though I asked several times.

I immediately googled the name and it is someone I recognize, a consultant who operated on me 7 years ago.

 

I contacted her and spoke to the consultants secretary who outlined that since my operation fees have not been paid by Bupa.

They had tried to get ahold of me a while after their invoices were rejected by Bupa

but I had moved home and I have a different contact number.

 

They proceeded with action and the company they instructed (Control Accounts) did the same,

try and contact me by post and calls but obviously got the same response as the consultant.

They then passed my debt through to the County Court who once again did the same and

as of last July issued a CCJ against me.

The case was then taken to the High Cour tand this brings me up to this week and the HCEO.

 

I have contacted the consultants and explained and said I would call Bupa and understand what has happened.

The consultants are actually sorry it has got this far but my issue is to contain and manage the HCEO right now.

 

Bupa are not taking any responsibility and referred me to my old company

TBH I can take it up with them after I contain the current process I face.

I had a authorization number from Bupa,

my procedure took place a month after I was made redundant from my old job

at no stage was I notified my cover would stop as well as the consultants not being notified by Bupa.

My policy was supposed to run from April - April but the company cut it in Dec.

this has become a separate issue.

 

I spoke with the HCEO and I have given them my new contact details inc address which they now have anyway.

They said they would resend the letter of execution within the next couple of days and of course start the process from there.

I am faced with a bill that was c£900 + to a bill which is now c£1800.

 

Having read advice,

spoke with National debt line and CAB

hey have advised I seek a N244 or N245 as I do not have the cash to pay this.

I have also spoken with the court that has the writ and they explained that the N244 form is what I need????

The CCJ is another matter and is with Salford court.

I am a little confused having spoken to many people within the last 48 hours.

I guess what I want to do is stop the Writ and therefore stop the HCEO action arriving at my door.

Be given the chance to explain that the process has got so far down the line with me only being looped in now.

Pay the money but outlay over instalments whilst I argue the case with Bupa and my old company.

And finally take the CCJ off as this is something that I was unaware of until this week on

this really concerns me as I will be taking steps to start a family and eventually have savings for a house!This will ruin it all!

 

It is stressful and anybody that has been in a similar situation will know and hopefully be able to advice

and help me manage and contain this matter.

PS I am trying to work with the Consultants and I do understand their perspective

so hence I shall pay for the operation but it is a lot of money to outlay in 1 hit.

 

Thank you all

Edited January 15, 2015 by Andyorch
Paragraphs added

[AndyOrch]

Thread moved to the appropriate forum

 

Regards

 

Andy

[HCEOs]

I'm a little confused.

 

From what you say it sounds like the HCEO will issue a new Notice of Enforcement which will give you 7 clear days to make a payment arrangement with them. I would imagine the HCEO fees will be reduced back to the Compliance Stage which is just £90. If you are in a position to pay by instalments it would make sense to try and arrange that now.

 

Did they visit an address that you no longer live at?

[Ash01234]

Hi thanks for your reply ;-)

 

You are correct they have taken back to the stage of issuing a new HCEO. However I have offered to pay in instalments but they will only discuss once the HCEO arrives and discusses with me 121 in my property which I have been advised to not let them enter. I want to stop the action and deal with the courts in terms of payments and discuss the CCJ. Hope that helps to understand the situation better. thank you again

[HCEOs]

Sorry I skim read your post. As you weren't aware of the CCJ you could apply to have it set aside using the form N244 but this costs £155 so you should consider the costs if you do owe the money.

 

You will need to act fast though.

 

The reason the HCEO will visit is to take control of goods and secure them against the debt. This is his duty under the Writ that has been issued. Unfortunately, it will add a further fee of £190 plus VAT and 7.5% of the debt above £1000 plus VAT.

[HCEOs]

I also note that you have posted on another bailiff help forum.

 

Whilst the owner Jxxxn Bxxxxxxn may warn of advice on here, he is incorrect in many of the points he has stated as usual and will no doubt ask you to pay him via his wife's Paypal account to write letters for you.

 

As I have already mentioned, if you did not know about the judgment due to an address change you can apply to have it set aside.

Edited January 16, 2015 by ploddertom
Name edited

[Bailiff Advice]

Hi thanks for your reply ;-)

 

You are correct they have taken back to the stage of issuing a new HCEO. However I have offered to pay in instalments but they will only discuss once the HCEO arrives and discusses with me 121 in my property which I have been advised to not let them enter. I want to stop the action and deal with the courts in terms of payments and discuss the CCJ. Hope that helps to understand the situation better. thank you again

 

Taking aside whether or not you want to go through as set aside application ...you need to be aware that the reason why the enforcement agent is stating that he will only consider a repayment proposal if he comes to your property is because the new bailiff regulations provide that if you fail to pay the amount owed in full during the time period outlined in the Notice of Enforcement or you have requested to pay by instalments then in every case the Enforcement Agent is obliged to attend the premises personally on behalf of the creditor in order to ‘secure’ the debt.

 

This attendance is charged at £190 plus 7.5% of the sums to be recovered over £1,000, plus VAT. For example, if the outstanding debt was £2,000, the 7.5% would only be charged on £1,000.

 

PS: If I was in the same position as you I would be applying for a set aside as I would not want to have an adverse entry on my credit rating.

[HCEOs]

That's a good point that Bailiff Advice raises regarding the adverse credit rating. Given this it would make sense to make an application to set aside the judgment to avoid credit issues in future. The application should be on the grounds that you were not aware of the proceedings issued against you.

 

If judgment is set aside but it turns out that you do owe the sums demanded then you should be able to make a payment arrangement directly with the creditor.

[wonkeydonkey]

Indeed the way forward for you is an application to set aside using the N244 but MOST IMPORTANT is to make an application for an interim stay of execution pending a decision to the set aside application. We always suggest you take the N244 to your local Court if they are a High Court District Registry, some Courts will take a duel application, others will ask for two applications (1 for stay + 1 for set aside) Either way, by taking the application in person you can explain the urgency of the stay, often it is the case there is a 'spare' Judge who can hear the application there and then which gets it rubber stamped and the HCEO once advised the stay is in place will have to bow down until the set aside is heard and a decision is reached.

 

Where you go and from whom you take guidance is of course your decision, however, that said you really do need to pay heed to HCEO's advice.

 

If the ccj is in dispute, then by setting that judgment aside it gives you the opportunity to enter into dialogue with the creditor or through the mediation service (which is exactly where a Court would be likely to direct it) to try and resolve the matter without the Courts intervention.

 

If you need any help with the N244 then please ask, Cag has members who are extremely well versed in High Court matters and will be able to guide you through all the various stages to get your problem sorted.

[ploddertom]

Have to say I actually disagree with some of the advice offered above providing my interpretation of events is correct. From what I read the OP had an operation that BUPA were going to pay but unfortunately before this took place they ceased working for the Company who provided medical cover. To me this says that the OP is the one responsible for payment of the bill. If Set Aside was to be applied for I suspect they would just be substituting one CCJ for another, lost the £155 application fee & run the risk of incurring costs from the Creditor for attending on the day.

 

However this still leaves the HCEO to deal with and in this case may be better submitting N245 (£50) to obtain a Variation Order & N244 (£155) to apply for a Stay of Execution which if granted halts all further Enforcement action & charges.

 

When was the CCJ obtained?

[dx100uk]

surely yes this has got to be a variation order etc

 

 

serving claimforms etc to the wrong address

when the debtor did not inform their creditors of the correct address

rarely succeeds as a set aside reason alone.

esp as theres no defence to the org claim that appears available.

[Leakie]

Surely he would be able to get a set aside as he was not responsible for the bill at the time of the operation,

as he had an authorisation code from Bupa!

so surely it should have been Bupa or his old company in the dock for the ccj, an not the OP

 

Leakie

[ploddertom]

Surely he would be able to get a set aside as he was not responsible for the bill at the time of the operation,

as he had an authorisation code from Bupa!

so surely it should have been Bupa or his old company in the dock for the ccj, an not the OP

 

Leakie

 

Not quite as clear cut as that as at the time the op was carried out the OP no longer worked for the company that paid the medical cover.

[Leakie]

Not quite as clear cut as that as at the time the op was carried out the OP no longer worked for the company that paid the medical cover.

 

I understand,

but surely Bupa or his old company should have informed the consultants or the Op that the authorisation had been cancelled,

just playing devils advocact here

[ploddertom]

I understand,

but surely Bupa or his old company should have informed the consultants or the Op that the authorisation had been cancelled,

just playing devils advocact here

 

Depends on when the authorisation was originally given & what for. There does appear to be a lot we don't know here not helped by the OP disappearing both here & elsewhere.

[Leakie]

OK Thanks PT