BMI Healthcare CCJ - Andrew Wilson and Co notice of enforcement

[morgan8080]

Can you explain it a bit to me 

[dx100uk]

 

[Bailiff Advice]

3 hours ago, morgan8080 said:

Can you explain it a bit to me 

 

Can you clarify what exactly you want to have explained?

[morgan8080]

Hi it was just about the charging order but I understand now thank you 

 

hopefully the court won’t take too long to look at the n245 I accept they are very busy due to staff not being in.

[Bailiff Advice]

Courts are not working to the usual timetable in order to safeguard their staff and comply with social distancing.

As enforcement visits are currently ceased, there should be no need for you to be concerned with the delay to your N245 application. 

[morgan8080]

This is what Andrew Wilson baliffs replied by email .. I haven’t responded can you asvise

 

Good morning, 

 

We can confirm receipt of your email and your comments have been noted to the file. Please provide any medical documentation in order to note to the file and send this to the office at [email protected] along with an offer of repayment if the balance cannot be paid in full.

 

Please note that if the balance cannot be paid in full and where an offer of repayment is made, we are required to attend the address to assess the circumstances. Our enforcement Agents are specially trained to deal with all situations regarding any vulnerability when attendances are to be made. The procedures of which are noted on the second page of the Notice of Enforcement letter.

 

Regards

[dx100uk]

you didn't put anything regarding medical stuff did you?

 

dx

 

[morgan8080]

I said that I was classed as vulnerable which I am due to mental health issues

[AndyOrch]

Why are you sending emails to a Bailiff ?

[morgan8080]

I wrote to them to let them know I had received the letter and had put an n245 in

[AndyOrch]

The court will have sent them a copy of your application anyway.

[morgan8080]

The court hasn’t called for payment of the fees yet they said they would when they get to mine 

So I was worried i would have them calling at the door

[AndyOrch]

Okay fair enough...but as you can see from their response they have disregarded the fact that you have made the application and are trying to move to the next level...IE another visit.

[morgan8080]

It says on original letter if you want to set up w payment arrangement they have to visit. So they just requoting that

 

Should I call court again 

[dx100uk]

Which is ofcourse a little white lie to gander another £210 in fees.

 

As for a restriction k being used to repo a home...no hope

[Bailiff Advice]

3 hours ago, morgan8080 said:

The court hasn’t called for payment of the fees yet they said they would when they get to mine 

So I was worried i would have them calling at the door

 

Once again, can I please REASSURE you that enforcement visits have CEASED. Whilst it is a nuisance, I am not concerned by the email and I would urge you to follow suit.

 

The only exception to an 'enforcement visit' is where the writ of control is against a COMMERCIAL property.  

[Peterbard]

 

 

If this is a HCEO enforcing judgement . He has to call on the debtor if the debt has gone past the first stage. He cannot make a payment arrangement without securing the debt. 

The HCE would not be enforcing the Charge, (if there is one. we still haven't had the answer to that one). The only way you can enforce a Charge is through repossession order, and that has nothing to do with anything your discussing.

As for which appplication they would use, welI am not even sure if we are talking about a final charge in this case, so who knows.

 

 

 

[dx100uk]

On 10/05/2020 at 16:36, morgan8080 said:

Debt mine , mortgage joint 

thus can only be restriction k 

[AndyOrch]

3 hours ago, Peterbard said:

 

 

If this is a HCEO enforcing judgement . He has to call on the debtor if the debt has gone past the first stage. He cannot make a payment arrangement without securing the debt. 

The HCE would not be enforcing the Charge, (if there is one. we still haven't had the answer to that one). The only way you can enforce a Charge is through repossession order, and that has nothing to do with anything your discussing.

As for which appplication they would use, welI am not even sure if we are talking about a final charge in this case, so who knows.

 

 

 

 

 

Only  you keep going on about enforcing a Charging Order and Repossession Orders...not the OP.....the Bailiffs simply want to collect the debt.

[dx100uk]

morgan

hows the info gathering going

have you the Claimform details and a copy of the judgement yet?

 

 

[Peterbard]

15 hours ago, Andyorch said:

 

 

Only  you keep going on about enforcing a Charging Order and Repossession Orders...not the OP.....the Bailiffs simply want to collect the debt.

I dont think this is correct if you look back.  Now I see there is mention ok section K requests, which by the way can result on an equitable charge on one parties beneficial interest. I dont mind debunking random comment made. if they are in error

[AndyOrch]

Yes I deduced it was a Restriction K ..I asked the question....and yes we are fully aware of the consequences of a Restriction K and how it works.

[morgan8080]

Can they not break this ?

Does it say online anywhere that baliff visit ceased..

especially with people who can’t work from home going back to work today 

[Peterbard]

8 hours ago, Andyorch said:

Yes I deduced it was a Restriction K ..I asked the question....and yes we are fully aware of the consequences of a Restriction K and how it works.

Ahh Good job.

[morgan8080]

Would baliffs be allowed to go back to work now the rules have been eased a bit?

 

would I get another letter or will I get an unannounced visit by them?