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38 minutes ago, Dodgeball said:

I do not know what you mean by "balanced information", sorry. What I give are facts not opinion, o if opinion is proffered I will mention it.

 

Applications to stay and to vary a judgement are often successful, and the procedure is well detailed on here.

 

The rest is not advisable, the matter should be addressed with the EA before any action is considered . If no attempt is made to avoid a court hearing, it may have a negative impacts on the debtors costs bill.

 

EAs do fiddle fees of course and HCEOs are the worst(in my opinion)

As far as I know , wins are rare,.People are often goaded into taking action on fictitious causes of action, then end up with outrageous costs bills.

I know that the adviser mentioned here has had no winning cases, and several costs bills awarded against his "clients". I suppose it depends on the facts of the case, and the ability of the sol.

 

So factually what would you suggest the OPs next action steps are? Given that the citizens advice also suggest submitting the N245 form, which is only a £50 cost.

if the fees have been fiddled what is the best way to address it?

the OP has been advised on this thread to submit the N245 but you’re saying this could be costly with little chance of success? 

 

So based on your own experiences , knowing the costs are incorrect and the client has accepted a payment arrangement in writing already , before the HCEO attended - what would you suggest the OP does now?

 

Also, if the original debt /CCJ is less than £1000 can the HCEO add the interest on? 

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C'mon folks, OP needs help not a discussion on the 2014 Regulations do that in the Discussions Forum .  We all know that Bailiffs and especially HCEO will be creative even within the Fee Structure, so add fees that should be applied only if , but add them at earliest opportunity like the sales fee.  If you both carry on with biff-bam posting, to each other will have to close thread until baz4iow asks for it to be reopened.


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2 minutes ago, brassnecked said:

C'mon folks, OP needs help not a discussion on the 2014 Regulations do that in the Discussions Forum .  We all know that Bailiffs and especially HCEO will be creative even within the Fee Structure, so add fees that should be applied only if , but add them at earliest opportunity like the sales fee.  If you both carry on with biff-bam posting, to each other will have to close thread until baz4iow asks for it to be reopened.

 

Thats what I’ve asked dodgeball to do :) !

just provide some clear next steps that Baz can follow and complete which will stand some chance of helping him?

As there’s conflicting advice on this thread now :( 

Thanks brassnecked

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N245 was submitted 9 days ago now

 

Dx


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Applications to stay and to vary a judgement are often successful, and the procedure is well detailed on here.

 

The rest is not advisable, the matter should be addressed with the EA before any action is considered . If no attempt is made to avoid a court hearing, it may have a negative impacts on the debtors cos

 


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On 17/08/2019 at 08:35, baz4iow said:

Hi,


Lastly - I have an email from the Creditor to confirm they are happy to proceed with a payment arrange that I’ve proposed so long as it’s paid via the HCE company.

As they work on behalf of the creditor surely the have to follow their instruction? 
 

 

I am assuming that the email was received after the visit from the High Court Officer?

 

If so, it would have been useful to have included a copy with your N245 Application as evidence of the creditors willingness to vary the terms of the Judgment debt. 

 

By doing so, the application should proceed without a hearing or any unnecessary delay. 

 

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On 21/08/2019 at 20:49, baz4iow said:

I spoke to Northampton courts earlier as they signed for the papers but they have said it was transferred to the high court but couldn’t tell me which one.

 

Once a Judgment creditor has taken steps to transfer his judgment up to the High Court for enforcement, in my opinion, it is rarely straightforward to have the judgment varied. 

 

For example, in cases of emergency, it is possible to attend the High  Court in person with a completed N244 application and to have a short hearing before a Master in chambers.  A short (14 day) 'Stay' order may be granted conditional on the debtor making an application (by way of an N244) to the County Court (Northampton for example).

 

Once again, in my opinion, when making the application to the County Court, a Draft Order should also be included outlining the order that you would like the County court to make. The court will insist on an N245 also being provided.  

 

I usually suggest that a copy of the  N244 and Draft Order be submitted to the claimant with a short letter outlining the reason for the application and to request that they provide evidence by return (either an email or a short letter) confirming that they agree to the wording on the Draft Order and agree to the repayment proposal outlined. 

 

PS: If the creditor is represented by a solicitor, it is usual for them to insist on additional clauses being added to the Draft Order (for example, if the defendant failed to pay in accordance with the Order etc etc.

 

PS: It can take up to 4 weeks to receive a  Sealed Order from Northampton.

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1 hour ago, Bailiff Advice said:

 

I am assuming that the email was received after the visit from the High Court Officer?

 

If so, it would have been useful to have included a copy with your N245 Application as evidence of the creditors willingness to vary the terms of the Judgment debt. 

 

By doing so, the application should proceed without a hearing or any unnecessary delay. 

 

 

No the email was received 8 days before the HCEO visited! 

Discussion was had with the HCE group rep who refused to adhere to the clients request on the email without a visit. 

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