Screwfix/shoesmiths claimform - business debt covered by a pers guarantee

[AndyOrch]

Check it now Paul.

[unclebulgaria67]

What was your exact role for this company ? Was it possible that you were seen as someone who would take personal responsibility for credit arrangements ?

[paulo1]

need a little help.

 

i got a court date, but i missed it (long story)

then a letter arrived from the courts on a 'General for of Judgement or Order' Form No. N24,

i called the court office, they advised it was not a CCJ, and if i did not pay it would be processed for a CCJ.

 

i left it and waited to get some more correspondence,

this happened last week from the solicitor telling me to pay,

again i left it again and waited to see if i would get something from the court,

 

 

instead today i got a letter from from high court enforcement group, a notice of enforcement.

 

firstly is this enforceable as i did not and do not have a ccj from the court?

 

any advise would be greatly appreciated.

[BazzaS]

What was the wording on the N24 (order or judgement)?

 

Do you know you haven't got a CCJ against you?

 

You can have a County Court Judgment (CCJ) against you and settle it within 28 days

and it doesn't go into the register of CCJ's :

this may be what the court meant by "they advised it was not a CCJ, and if i did not pay it would be processed for a CCJ.",

which sounds like there was a judgment against you!.

 

Have you checked Trust Online?

[paulo1]

Hi,

 

i have checked trust online, i have nothing issued again me.

 

the form n24 is a general form of judgment or order, the further down is states

'it is ordered that'

1, the defence shall be struck and pursuant to part 24 of the civil procedure rules, judgment given for the claimant in the sum of £xxxx,

2, the defendant shall pay the claimants costs in the sum of £xxxx,

3, the aforementioned sums shall be paid by 4pm 29th March, 2016.

[AndyOrch]

Summary Judgment and you did not attend or object......you have a CCJ which is about to be enforced by the HCEO.

 

Pity you didn't keep your thread up to date......we could of advised re their application for summary judgment.

 

Andy

[paulo1]

i've just checked my details with trust online, there's nothing registered against me?

[AndyOrch]

Well that may be an error...but I can't see the HCEO getting involved if there is no Judgment.

 

Have you spoken to Northampton ?

 

Has the claimed been transferred to your local County Court for enforcement ?

[paulo1]

it was transferred to my local county court, and this writ is from a different court.

 

n.b. if it is a CCJ? do i have 28 days to pay it to have it cleared? and also I just checked my credit file, there's no CCJ on it?

 

on the letter under enforcement details, it states, details of the court judgment or order or enforcement power by virtue of which the debt is enforceable, if this helps.

[AndyOrch]

Do you know the date of the judgment ? although it looks like you out of time 4pm 29th March, 2016.

[paulo1]

the letter was originally dated 15th March 2016.

[AndyOrch]

May be wise to get a payment plan in place or pay it off before the HCEO fees are added..the debt will increase.(if not already)

[paulo1]

so it is enforceable then?

 

if i have to pay it i will just put it on a credit card and take the hit, but would i get a CCJ, that's what is confusing me the most?

[AndyOrch]

Well its too late to question if its enforceable....you didn't attend the court hearing....so they have their Summary Judgment.

 

It does state payment by 4pm 29th March, 2016 ...4 weeks ago.

 

You may be lucky and avoid it being registered if paid in full today...no guarantees though.

[unclebulgaria67]

Beware of High Court Enforcement fees which will add a lot to the amount already owed. Now you have the notice of enforcement giving 7 days notice of enforcement, if the debt is not settled or a payment arrangement agreed, there will be an enforcement visit where they look to take goods you own to sell. This might include any car you own on your driveway.

Edited August 28, 2021 by dx100uk
unnecessary previous post quote removed