CCJ for approx £500 for solicitors conveyance work - now bailiffs.

[EveOwes]

Hi

 

I have been issued with a CCJ for an amount I owed a solicitor.

The solicitor didn't complete the work and didn't do as they promised me

when the property sale fell through I didn't receive a bill from them so just never thought about it.

 

I live at an address that was unknown to the solicitor but used to live with a relative.

The relative received a letter from the solicitor saying they wanted money.

I said, fine, but send it back with my new address.

 

I received a letter then at my new address which I have responded to via email, offering to pay a token amount each month until I am back on my feet financially.

 

A CCJ has arrived at my previous address (post is seldom opened hence this problem with unseen letters).

 

I might be moving back there but not sure yet, but if i do or don't I still want to avoid bailiffs at the door as I believe they can force their way in when doing CC enforcement??

 

Would anyone please be able to offer any advice in the event that the solicitor does not accept my offer

- I only offered a few pound a month but happy to have review after a few months.

 

thanks

[colin11]

Bailiffs cannot force entry for a civil debt

 

The only way they can enter is if you let them in which i wouldn't recommend

[dx100uk]

you need to clarify WHAT has ACTUALLY gone on so far?

 

you mean you have a CCJ - judgement for claimant?

or

You've received a CLAIMFORM pack from either Salford or Northants bulk court?

 

as for HCEO, i'm not sure where you are reading but they never have forced entry permission on any consumer CCJ.

and the debt appears to be less than the £600 threshold for HCEO being involved in a CCJ anyway...

 

 

I think you are watching too much TV!!

 

please clarify

[EveOwes]

Hi

 

I did get a claim form (at an old address) but my relative doesn't open most post and just stashes it behind mircrowave. When the letter arrived she sent it back with my current address on

 

they then wrote to me there and I responded via email, offering a token payment plan for the time being. In the meantime a claim form arrived at previous address which was left unopened. It is only with getting the CCJ letter that was opened that we looked through old post and found claim form. So a default judgement was given.

 

So yes the claimant won by default.

The amount was £340 and is now £560 including all the costs.

 

I did coincidentally chase the claimant for a response to my original email as I received an out of office reply but still nothing a week or so later. The chaser email also resulted in another out of office email, so I forwarded my emails to a colleague mentioned in the message.

 

Later this day I found out about the CCJ.

 

I have seen a couple of 'can't pay we'll take it away' etc and was under the impression that county court bailiffs could force entry, but there's also stuff on the internet which doesn't say otherwise. When I panic i am prone to fearing the worst scenario.

 

I am willing to pay the debt (even though I don't think they did their job properly, but that's a different issue and I should have complained a couple of years ago).

 

However, I am struggling to live on what I have coming in hence my token offer to them. I wonder if they've ignored it because they can just hire bailiffs and bill me for it anyway?

 

Thanks

Edited March 1, 2018 by dx100uk
Spacing

[Bailiff Advice]

Hi

 

So yes the claimant won by default. The amount was £340 and is now £560 including all the costs.

 

However, I am struggling to live on what I have coming in hence my token offer to them.I wonder if they've ignored it because they can just hire bailiffs and bill me for it anyway? Thanks

 

I would suggest that you get in touch with the solicitor again this morning to outline your payment proposal. State in your email that if they are not willing to accept your proposal that you will instead be submitting an N245 to the County Court to have the court vary the judgment.

 

PS: What payment proposal did you initially put forward?

[disgruntled2007]

What was the date on their first letter to you at your new address and what was the date on the claim form served to your old address?

 

Don’t watch ‘can’t pay’...

[dx100uk]

What was the debt?

When did you last not pay it?

[EveOwes]

Hi

 

Thanks for your replies.

The date on the claim form to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

The debt was for conveyancing which was incomplete and not done as promised

ie save a heap of time by using existing conveyancing documents from the previous solicitor who took ill during the work.

 

The sale fell through eventually but will never know whether that was not helped by solicitors taking forever to do anything.

Hence I didn't think there was a bill to be paid.

But the bill is only approx a third of what the full bill would have been.

 

The solicitor finally responded to my email and agreed the payment plan I put forward so that's a relief.

 

Is there any way I can get the address of the CCJ changed just in case it has a bad effect on the credit worthiness of other people living at the address it's showing as (my old address).

I've read that mortgage lenders might not lend to anybody associated with the address at this time.

 

thanks

[dx100uk]

the CCJ is not against any address

its against YOU.

[disgruntled2007]

Hi

 

Thanks for your replies.

The date on the claim form to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

The debt was for conveyancing which was incomplete and not done as promised

ie save a heap of time by using existing conveyancing documents from the previous solicitor who took ill during the work.

 

The sale fell through eventually but will never know whether that was not helped by solicitors taking forever to do anything.

Hence I didn't think there was a bill to be paid.

But the bill is only approx a third of what the full bill would have been.

 

The solicitor finally responded to my email and agreed the payment plan I put forward so that's a relief.

 

Is there any way I can get the address of the CCJ changed just in case it has a bad effect on the credit worthiness of other people living at the address it's showing as (my old address).

I've read that mortgage lenders might not lend to anybody associated with the address at this time.

 

thanks

 

I asked the question regarding the addresses because if they served against your old address when they already had your new address a set-aside may have been an immediate option to give you some breathing space. From the dates you have given it seems the claim was correctly served. I’m open to correction from the experts...

[EveOwes]

I think it was correctly served too, just not happy about the address now.

I know it's against me, but this is what I read on one of those money forum thingy's that appear near the top of the page when you enter query about CCJs into google.

 

But thanks for everyone's help and advice, yet again.

 

I will make a donation (small though) when I get my next pension payment.

[AndyOrch]

It wasn't served correctly if they had your present address.

[disgruntled2007]

It wasn't served correctly if they had your present address.

 

The timeline suggests it was served before the OP gave them the new address, hence my request for clarification...

 

OP, can you tell us the dates as requested, please?

[AndyOrch]

I live at an address that was unknown to the solicitor but used to live with a relative.

The relative received a letter from the solicitor saying they wanted money.

I said, fine, but send it back with my new address.

 

I received a letter then at my new address which I have responded to via email, offering to pay a token amount each month until I am back on my feet financially.

[disgruntled2007]

The date on the claim formicon to old address is 1 Feb.

I have mislaid their letter to me at new address but I think it was something like 5 Feb or thereabouts.

 

OP, you need to clarify so the right advice can be given....