high court sheriff action

[tinatspoon]

hi i was wondering if anyone can help

i am a single disabled 36 year old and have had a ccj issued which i got varied on the 29th of jan 2015 this is all sorted and im to pay £48 per month whish i have done and am NOT in default

 

ok here is the problem i received a visit from a sheriff on the 13th March saying i had to pay the whole ccj. i told him i am paying it via variation order so he gave me a letter and left

on the 30TH April i received a further letter from sherrifs saying they were taking over the variation order and i was to pay them each month now.

they have charged me for commencement plus enforcement stage 1 and 2 plus other things

 

the claimants solicitor aplied for the high court writ on the 13 Feb after the variation order was issued and payments had commenced and been received

 

ok I have been to court today to stay the writ and the judge told the claimant that he was also remitting the intrest, fees and vat the sheriffs were asking for so i dont have to pay the sheriff just the original variation order because they aplied for the writ after the variation order despite the fact they received a copy of the variation order before applying for the writ

 

So i would like to know can i do anything to the sheriffs or the claimants solicitor for undue stress caused by receiving visits and letters form the sheriffs demanding money and having to appear at court again even though i did not default to stop action that should not have been enforced in the first place this has taken a lot of my time, telephone calls to 0845 numbers, seeking CAB advice and attending court

 

any help would be very much appreciated as they shouldnt be allowed to get away with this

[BankFodder]

Who are the claimants?

[tinatspoon]

an old landlord from 6 years ago

[ploddertom]

I note what you say but in truth don't see a lot of mileage in it. The HCEO was only carrying out instructions from your Claimant and would be seen to be blameless + a Judge has already removed their fees. The Claimant is the one to blame for all this but would imagine all you may get is an apology. Make sure when making payments they are all made on time and best bet is to make sure they are done in cleared funds by the date due - usually best to allow a weeks banking time. If you default on any payments then you have already had an insight as to what may happen.

 

It is good to see you had a result and better still a Judge agreed.

[ploddertom]

Sorry should have added did you asks for your costs incurred for today? I also assume the fee for the application was paid by Fee Remission otherwise you should have asked for this as well.

[tinatspoon]

yea i asked for fee remision and that was granted

he asked for travel and loss of earnings for today too

the judge basicly handed him a new backside for wasting his time

the claimant asked who was going to pay the sheriff fees and the judge told him that was for him to discuss with the sheriff and his solicitor but unfortunately miss young will not be as she paid as judge instructed

 

i supose the look on his face when the judge told him he has responsability for the sheriff costs and his loss of earning costs will have to do me ha ha

[tinatspoon]

i never asked for my costs as i didnt know i could but i suppose him now having a sheriff bill of £1700 should be justice for the crap he put me through

[ploddertom]

Oh dear someone should have lloked closely before commencing action, suppose someone will be having more than stern words.

[tinatspoon]

yea they should have lol the worst of it it on the way out of the court he started telling me he was worried that he now owes the sheriffs money

i just replied well now you know how i felt when you set them onto me for nothing lol the cheek of it, like i cared

[ploddertom]

He should have thought about that before he started on this. The chances are they explained this to him. Therefore deserves all he get. Be interesting if he comes here asking for help/advice.

[tinatspoon]

lol it would be so funny he was blaming his solicitor and the judge just said well you instruct them so it falls at your feet lol

i told him if it was his solicitors fault to take them to court for the charges ha ha ha

[tinatspoon]

bet he wish he hadnt been so greedy now ha ha

[HCEOs]

In terms of enforcement, it sounds like you may be considered vulnerable in any event.

 

Just make sure you stick to the variation order and you will have nothing to worry about also.

 

The claimant will no doubt be liable for the HCEO fees in such circumstances.

[Bailiff Advice]

In terms of enforcement, it sounds like you may be considered vulnerable in any event.

 

Just make sure you stick to the variation order and you will have nothing to worry about also.

 

The claimant will no doubt be liable for the HCEO fees in such circumstances.

 

Given that the Judge made clear that the claimant's solicitor was at fault, then what level of fees can the enforcement company claim back from the creditor? Can he claim stage one and stage two fees?

[HCEOs]

The HCEO will only claim back fees that were charged.

 

If they charged the Compliance, ES1 and ES2 then this is what the claimant will be liable for. It will partially come down to the HCEOs own T&C's and how good a client the solicitor is.