Unknown builders CCJ and HCEO with a Warrant of Control

[edna321]

Evening all, just got in and my head is in a spin.

 

I have already messaged to say it was on in court last year at Liverpool which is miles and miles away from me.

There was no hearing so it went to default.

 

The letters that were sent were at a time my husband was working away so there was only me at home.

 

I'm struggling to understand it all,

my head is going around and around.

 

Firstly what happens when a ccj goes to default?

 

Secondly I know we should have had letters but we didn't.....where are they?

 

Thirdly it was passed onto money claims contact centre how did the sheriffs office get it?

[ploddertom]

 

 

Firstly what happens when a ccj goes to default? - this happens when the original Claim goes undefended, the Claimant then wins automatically.

Secondly I know we should have had letters but we didn't.....where are they? - that is something we cannot answer

Thirdly it was passed onto money claims contact centre how did the sheriffs office get it? - after Judgment is granted the Claimant is entitled to choose their method of Enforcemnt if payment is not made. Using the SO is one of a few steps they could have taken.

 

 

PT

[edna321]

PT

 

Thank you for your message. Much appreciated

[Bailiff Advice]

Evening all, just got in and my head is in a spin.

 

I have already messaged to say it was on in court last year at Liverpool which is miles and miles away from me.

There was no hearing so it went to default.

 

The letters that were sent were at a time my husband was working away so there was only me at home.

 

I'm struggling to understand it all,

my head is going around and around.

 

Firstly what happens when a ccj goes to default?

 

Secondly I know we should have had letters but we didn't.....where are they?

 

Thirdly it was passed onto money claims contact centre how did the sheriffs office get it?

 

In relation to your comment that you should have received previous letters, there would have only been TWO letters from the court. The first one would have been the claim form. If no response is made to this document, then as Plodderton quite rightly stated, judgment is entered in default. If so, then the only other letter that you should have received would be notification that Judgment has been entered. Once the judgment is in place, then it really is a very simple matter for the creditor to instruct the Sheriffs Office (see below):

 

http://thesheriffsoffice.com/instruct-us

[Bailiff Advice]

Edna,

 

Below is a link to a post that I made in December regarding the Daily Mail's campaign about CCJ's.

 

As you will see, in 2015 there had been 1.1 million county court claims issued in the UK of which a staggering 745,000 have judgments entered in default of a defence.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469428-Daily-Mail-investigation-into-default-CCJ-that-could-lead-to-bailiff-visit&p=4971234&viewfull=1#post4971234

[edna321]

This is a bit drawn out but please read it all as I need some response to what you think.

i have taken advice from payplan and finally managed to agree to an amount to pay monthly to the Sheriffs office.

I have paid first instalment then got in touch with solicitor as the fees were £4,000 .

I had a knock on the door to hnd deliver a letter to tell us about the writ and apart from lots of threats no one came to my house.

I asked for a breakdown of fees which didn't arrive until a solicitor got involved.

Today out of the blue had a phone call off the creditor to ask if we wanted to pay him direct ?

The break down is as follows

Compliance stage fee£75

First enforcement fee £800

Second enforcement fee £495

Sale or disposal stage fee £1,234

I just think it's odd the creditor would get in touch today when the solicitor rung the sheriffs office yesterday

Any thoughts?

[honeybee13]

Hello Edna.

 

Is this in connection with your previous bailiffs thread please?

 

HB

[edna321]

Yes it's the same thing

[honeybee13]

Yes it's the same thing

 

Thank you for that. I've merged your threads to keep the history together. People should be along later to help you.

 

HB

[Bailiff Advice]

I will need to read back on all your posts first to remind myself of the background. Be back shortly.

[edna321]

I will need to read back on all your posts first to remind myself of the background. Be back shortly.

thank you

[edna321]

Plus the fact the breakdown of the dates are all wrong