high Court Enforcement help - South East Water CCJ

[ploddertom]

PT, I think the language filter has picked up a letter combination it doesn't like. Is it possible to put in a space maybe, so that the right name shows that way please? That way hopefully if the OP puts a space back in when they google, they should find the right page on the site.

 

HB

 

 

Thanks for that HB I'll list it as a TinyURL instead http://tinyurl.com/lbzr6cg

[avidgamer]

It is not the Legal people you need to talk to but those who administer the various plans for those in difficulty. I assume it will be the Helping Hand scheme you need http://www.southeasPiers Morganer.co.uk/your-account/pay-your-bill/difficulty-paying-your-bill/helping-hand . If SEW take the debt back voluntarily then they become responsible for all the HCEO fees as well.

 

Thank you Ploddertom, one interesting thing is noted on the helping hand application, I quote a passage :

 

As soon as we receive your application, a hold will be put on debt collection action on your account while your application is dealt with.

 

I wonder if this applies to a high court writ and HCEO too? as would this not constitute a "debt collection"? but a VERY informative link, thanks

[ploddertom]

I guess I know your first call in the morning then.

[avidgamer]

I guess I know your first call in the morning then.

 

 

I sure do! but knowing my luck the HCEO will turn up at 6:30 when I am in the land of nod!

Edited April 2, 2017 by maroondevo52
Removed info.

[ploddertom]

I've asked the Site Team to edit your last post - you'll see when it is done what has been removed but to answer your question yes they do High Court.

[ploddertom]

Court is best attended in person just after opening if possible as you may have to wait. Complete all the paperwork necessary including that need for Fee Remission if applicable & the proofs they ask for.Explain what has happened and that you are expecting an imminent visit from the HCEO and a lot of the time a spare Judge can be found who will hear your application on the spot. If granted you should then notify the HCEO ASAP who will probably need - name of Court, Judge, date etc. When the paperwork comes forward a copy on - do not rely on others having done it, then make sure you keep a copy by the door in case of visitors.

[BazzaS]

PT, I think the language filter has picked up a letter combination it doesn't like. Is it possible to put in a space maybe, so that the right name shows that way please? That way hopefully if the OP puts a space back in when they google, they should find the right page on the site.

 

HB

 

The tinyURL solves the auto-filter problem elegantly.

 

Its "The Scun*horpe problem" : the administrative centre of the North Lincolnshire unitary authority having given rise to an eponym for similar issues.

http://tinyurl.com/9ghrclj

 

In this case, rather than picking up on the 2nd, 3rd, 4th and 5th letters of that town, and deciding that someone has posted a rude word, it has picked up on the last 't' of east, and the first 3 letters of water.

 

Interesting that it hasn't inserted the usual "****' replacement, but has apparently been set to change it to PiersMorgan instead!.

[avidgamer]

Court is best attended in person just after opening if possible as you may have to wait. Complete all the paperwork necessary including that need for Fee Remission if applicable & the proofs they ask for.Explain what has happened and that you are expecting an imminent visit from the HCEO and a lot of the time a spare Judge can be found who will hear your application on the spot. If granted you should then notify the HCEO ASAP who will probably need - name of Court, Judge, date etc. When the paperwork comes forward a copy on - do not rely on others having done it, then make sure you keep a copy by the door in case of visitors.

 

 

 

SO if a judge grants the stay of execution and variation order once I notify the HCEO they can no longer enforce?

[ploddertom]

The tinyURL solves the auto-filter problem elegantly.

 

Its "The Scun*horpe problem" : the administrative centre of the North Lincolnshire unitary authority having given rise to an eponym for similar issues.

http://tinyurl.com/9ghrclj

 

In this case, rather than picking up on the 2nd, 3rd, 4th and 5th letters of that town, and deciding that someone has posted a rude word, it has picked up on the last 't' of east, and the first 3 letters of water.

 

Interesting that it hasn't inserted the usual "****' replacement, but has apparently been set to change it to PiersMorgan instead!.

 

Like it, thank you. Maybe it shows what it thinks of Mr Morgan.

 

[ploddertom]

SO if a judge grants the stay of execution and variation order once I notify the HCEO they can no longer enforce?

 

It would probably be just an interim Stay pending a further Hearing but yes once the Judge says granted then that is it. But remember it is not guaranteed.

[avidgamer]

Sorry Ploddertom can I ask when filling out the N244 do I request a hearing if I am trying to see a judge that day?

[avidgamer]

I feel so bad asking as I know it appears I am stupid but can I clarify

 

 

- Am I the claimant or defendant on the form? The reason I ask is it seems varied around the net on which I would be.

- Is it a district judge needed?

- it asks if I have attached a draft of the order, Not sure what this means

- do I do a witness or statement of case?

 

 

Thanks I really could not have done this without this site!

[ploddertom]

Sorry Ploddertom can I ask when filling out the N244 do I request a hearing if I am trying to see a judge that day?

 

 

 

I feel so bad asking as I know it appears I am stupid but can I clarify

 

 

- Am I the claimant or defendant on the form? The reason I ask is it seems varied around the net on which I would be.

- Is it a district judge needed?

- it asks if I have attached a draft of the order, Not sure what this means

- do I do a witness or statement of case?

 

 

Thanks I really could not have done this without this site!

 

1 - put your name

2 - Defendant

3 - You are asking for a Stay of Execution against the Writ of Control the HCEO has because:

i - you cannot afford the fees demanded

ii - the HCEO is telling you minimum payments may be more than you can comfortably afford

iii - you have made an offer of payment of £XXX based on your I&E but the HCEO is refusing to consider

4 - No

5 - at a Hearing

6 - leave blank

7 - leave blank

8 - District Judge

9 - Claimant, Defendant & HCEO

9a - HCEO name & address

10 - statement of case - expand on what you are asking for & why (Q3). Do it on a sepaprate sheet of paper & when finished don't forget to sign & date it

Complete Statement of Truth

11 - fill in your details as appropriate

 

I have an early start in the morning so must assume a horizontal position, but know there are others who can help with any other questions in the meantime.

[avidgamer]

Little update. Went to the court today asked for a judge to look at it but they said that was impossible butnthey would expedite it and to call weds.

 

I am guessing action can still commence until such time I find out.

[ploddertom]

Little update. Went to the court today asked for a judge to look at it but they said that was impossible butnthey would expedite it and to call weds.

 

I am guessing action can still commence until such time I find out.

 

Disappointing but not surprising. Yes they can still call and enforcement can continue until such time there is an Order saying they cannot. However some EAs are reasonable and if informed what you have done may decide to wait until a decision is made, they can always check you have made the application.

[ploddertom]

Have you spoken to Helping Hands yet?

[avidgamer]

Hi Ploddertom, yeah they advised that we could possibly be part of the scheme but it would not stop any collection as it "prevents" it going to debt collection. Although this is not clear in their documentation.

 

 

Still waiting for the Judge, I am ringing twice daily but apparently the stay has not come back yet.

 

 

Fingers crossed for tomorrow

 

 

If they do come and say clamp the car (even though it is not ours) will the stay cancel this if granted? or will it stay on a walking possession order or whatever it is called