high Court Enforcement help - South East Water CCJ

[ploddertom]

Need to establish if the CCJ is for residential or business? Also is your living accomodation attached to your shop? It makes no difference the date given for making an agreement is a Sunday - what was the date on the letter (Notice of Enforcement) and when did you receive it?

[ploddertom]

If they are on low income in this situation, would it not be best to make an urgent application to the court, variation order and fee exemption form. If they can verify low income as detailed, then they should qualify for fee excemption. The court would then set the payment level and not the HCEO.

 

It is part of the way forward but no good jumping to conclusions until a bit more is revealed as big difference between residential & business.

[ploddertom]

What happens is that when the HCEO writes to you to try and formulate how the debt is going to be paid then unless you pay in full the Writ commands him to visit you with a view to him seizing any goods/assets to secure the debt, meaning if you were to default then they can come back & remove those goods for sale at auction.

 

 

As this debt relates to a residential debt then he has no automatic right of entry into your home

- unless of course you allow him in which can be a bad idea.

That way it puts the ball in your Court and you can then call the tune.

 

 

There are some downsides to this

- if you have anything of value outside

- car, caravan, quality garden furniture etc

- then that can be taken without you being present.

 

 

If you trade a sole trader at premises elsewhere then if they find out where that is they may visit to see if there are goods there wort taking.

 

 

Lastly they will only make so many visits

- usually 3 or 4 at differing times of day

- before handing the Writ back to the Claimant.

 

As has been said above there are different ways to deal with this

- all need forms filling in and costs to pay for application fees.

 

 

You may apply for a Stay of Execution against the Writ solely on the grounds you cannot afford the fees demanded, if granted it halts all further enforcement action & fees providing you stick to any terms dictated.

 

 

You may also apply for a Variation Order whereby if you cannot agree an affordable sum to pay regularly you ask the Court to set a fair figure based on your I&E

- the downside to this is that if it is a small apyment the Claimant may insist the HCEO collects payment in which case they are split between HCEO & Claimant

 

 

- see this thread for further on payments made this way and how much is still left owing some years down the line - http://www.consumeractiongroup.co.uk/forum/showthread.php?476233-High-Court-Enforcement-Group-advice-needed(1-Viewing)-nbsp

 

If you wish to apply for a Stay then you need Form N244 - cost £255 or a Variation Order Form N245 - cost £50.

 

 

If you are on a low wage or certain Benefits then you may be able to claim Fee Remission in full or part - See Forms EX160a & EX160c for details, all forms available from HMCTS website.

 

If you have the strength to do it then you can of course just ignore the knock on the door

- although it can be distressing &n hope the Writ is returned.

 

 

If so then the Claimant can take other action including engaging another HCEO.

Not knowing when you are going to be visited can be nerve wracking.

[ploddertom]

If the business is not paying its way then can you not just surrender the Lease? Have you also explored https://www.southernwater.co.uk/difficulty-paying-your-bill

[ploddertom]

Apologies - teach me to read fully before putting fingers into gear, try this one http://www.southeastwater.co.uk/your-account/pay-your-bill/difficulty-paying-your-bill

[ploddertom]

If you are going to go the Court route then it is more important to have the Stay done first as Enforcement will continue otherwise.

[ploddertom]

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://tinyurl.com/lbzr6cg . If SEW take the debt back voluntarily then they become responsible for all the HCEO fees as well.

[ploddertom]

A Stay can be made at any County Court that also operates as a District Registry of the High Court - if stuck give us a general idea of the area you live and I'll look some up for you. If you want to find your own then try https://courttribunalfinder.service.gov.uk/search/ use the A-Z list.

[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

[ploddertom]

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

[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.

[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.

[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.

[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?