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    • Hi I have decided I don’t want to use this company, however they say a refund takes 5-10 working day, however as we don’t have much good weather I want to buy the machine form a more reputable seller ASAP, is there anything thing I can do to remains a quicker refund. The machine cost over a grand so I don’t have any spare money to be paying for both machines.
    • Thanks dx. No, there's no reference number in the writ itself.    Who are the pursuers:   Erudio Student Loans Limited, a company incorporated under the Companies Acts and having its registered office at c/o Wilmington Trust SP Services (London) Limited. Third Floor. 1 King's Arms Yard, London EC2R 7AF   Who Are the Solicitors:   Shoosmiths LLP   What is the writ for –   Preceding the Condescendence and Pleas In Law sections provided in post 1, there's the following text: The pursuers crave the Court to grant decree against the defender for payment to the pursuers of the sum of AMOUNT together with expenses   what date was this served on you:- 17th July   what date is within the COURT STAMP: 19th JUNE (not July as entered in post 1)   What Is the claim for: Student Loan   Is the debt showing on your credit reference files - I don't know but can find out   When did you enter into the original agreement before or after 2007? -  Before 2007;  first loan has a 1998 account number   Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Yes I believe so   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes   When was your last payment:-  I believe I made at least one payment in late 2015 after having been late in submitting deferment forms that year   Why did you cease payments:- I only made payments to cover a couple of months' payments which were due because of my deferment had been submitted late. I stopped once those payments had been covered   Was there a dispute with the original creditor that remains unresolved?  No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No    
    • I emigrated to australia permanently about a year and a half ago, but still have an overdraft of 2500 pounds with a bank in the UK. I am struggling to pay it off, and am being charged 1.75 a day for the overdraft. I have not informed the bank that I have moved to Australia.   Im wondering what is the best course of action. I do not intend to return to the UK and have no assets or family over there. I rang up a call centre for the bank and informed them of my situation and they suggested i ring the branch and speak to them. I intend to pay the debt off, but am not in a position to do so right now, and was hoping the bank might put a hold on the charges, whilst I can get the finances to pay them off.   alternatively, what would happen if I did not pay this debt off
    • is the property jointly owned and the all the CO's/debts are in your sole name?  
    • Oh dear I didn't know that about Word - thanks for the tip. I would be grateful for any other comments re the text. Thanks for getting me to this point. I now have a huge amount of info to plough thru to prepare for the next stage. Is there any guidance as to what happens next and how long that takes, or will that be made clear once the basic defence has been submitted? I haven't been able to find a clear explanation of the procedure anywhere.   
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azureblue

HCEO NOE re unknown CCJ - Home registered LTD Co. business-business CCJ

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My wife and I have received a Notice of Enforcement from Andrew Wilson and Co. High Court Enforcement.

The notice is addressed to a limited company who's registered office is at our home address.

 

The notice is in relation to a CCJ that the company received back in March for a supplier debt of approximately £5500.

We were unaware of the court proceeding as at the time the company registered office was at a formations company office and to cut a long story short we were not receiving mail at this time. We did not submit a AOS and as a result the supplier received a default judgement. 

The company in question has all but ceased trading and has no funds in the bank and has no stock or assets.

My wife and I are not currently able to settle this debt and are both worried sick that the bailiff will attend our home and force entry to seize goods. 

Can anyone be kind enough to help us see a way forward with this?

Many thanks in advance.

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well they cant.

 

best idea might be to get an N244 running to the court and get the CCJ set aside

 

 


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Thank you.  On what grounds can I ask for it to be set aside?

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Simpler to submit an N245 stay the Warrant and get a payment plan in place.?

 

Andy


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Dx100uk

 

There is no personal guarantee.

 

We don't have a copy of the CCJ.  The first we knew about it was the notice of enforcement.

 

The notice of enforcement is in the name of the company.

 

Andyorch

 

On what grounds n245 over n244?

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Seems to me that you need to fully account for any liabilities that the business may still have and which are now being chased to your home address, as that it is where the business has a registered address.

 

While the HCEO's have no rights to force entry, they will try for unlocked doors and anything outside. Never open the door to them.

 

Is this the only debt ? 

 

 


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Unclebulgaria

 

There are no other creditors.  Just this one.

 

There is nothing to take. No computers, no stock or machinery. All we have is a lever arch file with paperwork in.

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you dont need a real reason for a set aside but you will need to show how the result would change if you got a retrial so why get a set aside if all you are going to do is get another load of costs heaped on you.

Do you owe this company the money?

 

do you have proper accounts to show what it bought as far as capital equipment etc. Has the company been properly dissolved or have you just given up doping anything as the 2 are vastly different.

A HCEO can force entry into any premises occupied by a business but you dont really want that so proving that the business doesnt exist and that you have no personal liability for the debt is paramount

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Ericsbrother

 

If I had the opportunity at the time I would have argued the value on the Court claim, however this wouldn't have changed by a significant amount.  So asking for it to be set aside is probably not going to end this in the long run.

 

No we don't owe any money to the business.

 

We have a good set of books and records.  No account filed as of yet.

 

The company is still 'active' on companies house and has not been dissolved.  We only received the Notice of enforcement a few days ago.

 

 

21 minutes ago, ericsbrother said:

A HCEO can force entry into any premises occupied by a business but you dont really want that so proving that the business doesnt exist and that you have no personal liability for the debt is paramount

 

What makes you think they can force entry into a domestic property?  

 

 

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They can force entry into a commercial property....now a business operating from a domestic property.....shouldnt think so.

 

The difference between an N245 and N244.

 

N245 is to stay the warrant and set an affordable monthly payment plan through the court......no more bailiffs unless you default....fee £50

N244 is to set a side the judgment and start again and defend it...fee £255.00


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so your business still exists and that means you will have to prove that nothing in your house is owned or was purchased  by the business if the bailiff gains entry.

They cant force entry to a residential property, what I meant to say was that they can enter any premises used by the company so if you had a lock up that you worked from they could still come to your house looking for company assets

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