OH been paying old business trade stock CCJ (sole Trader CCA Agreement?), Missed a few - now HCEO NOA

[AndyOrch]

You need a copy of the original claim and notice of Judgment from MCOL if you dont already have them. They cant add interest the debt is the amount stated  on the Notice of Judgment.

With regards to the N245 it must be submitted the High Court speak to enforcement office again as I'm unsure which High Court Registry you would send it to.

The High Court is based at the Royal Courts of Justice on the Strand in the City of Westminster, London. It has district registries across England and Wales; almost all High Court proceedings may be issued and heard at a district registry.

[morgan8080]

The enforcement guy at liverpool said it would be local court , i said not but he said it was ??? who should i call for right address

[AndyOrch]

Goes to the court that issued the Writ

[morgan8080]

also i will get hold of original form - but here on a claim form i have it says in particulars of claim ( amount is with interest and £70 compensation )

they claimed interest under section 69 of county court act at rate of 8% a year from 2019-2020 on £311.60 and interest at same rate up to date of judgement  or earlier payment at daily rate of £0.72 plus the £70 plus fees of legal representative and county court fees

3 minutes ago, Andyorch said:

Goes to the court that issued the Writ

what address is liverpool district registry - thats all it says..

[AndyOrch]

I would make a few phone calls to the following before posting or emailing.

https://www.google.com/search?client=opera&q=liverpool+district+registry&sourceid=opera&ie=UTF-8&oe=UTF-8

 

Located in: Liverpool ONE

Address: Liverpool Combined Court Centre, Derby Square, Liverpool L2 1XA

Hours: 

Open ⋅ Closes 5 pm

Phone: 0151 236 8264

 

.

.

 

[morgan8080]

thats the probate one is that right? ill try. 

When i send do i do it by post ( next day signed for ) 

[AndyOrch]

Ring first and make sure.....you mail be able to email and payment over the phone.

[morgan8080]

its a probate telephone number and the woman on phone said to email [email protected] and ask?? This is a nightmare

[AndyOrch]

Yep but important to get the correct destination in reality the court should have served you a copy of the WOC

[morgan8080]

ah right , i only had a letter from the enforcement company. I wanted to get it sent today but cannot believe how hard it is with so few details

just on a chat with business debt line.org to see if they had a way to find out the address this is what they said ?

If the agreement was regulated by the CCA then it will say it in the agreement so I'd check through the agreement and see what the terms and conditions of it say to be certain.

If you don't pay what the court has ordered on the CCJ, they can then use enforcement which includes using a bailiff as they are doing here with the writ of control.

If the debt is between £600 and £5k, they can choose to then escalate the enforcement to the high court, more information here: https://www.businessdebtline.org/fact-sheet-library/high-court-enforcement-ew/

If they have escalated it to the high court with the writ of control, then it's a little different what you'd need to do as the N245 will only cover applying for a variation of the CCJ (I'll explain more about this shortly) and not the writ in the high court.

 If they have escalated it to the high court, whether by mistake if the agreement is CCA regulated, or even if they can if it's not regulated, to stop the high court action you'd need to also apply for a stay of execution in the high court, where you can ask the high court to put a hold on the bailiff action and then apply for the variation in the county court using the N245. Now they've issued the writ of control, have you received any notice of enforcement from a high court enforcement officer (HCEO) giving you 7 days notice before they visit?

. If the debt has gone to the high court for a writ of control, if you only applied for a variation in the county court, this wouldn't stop the HCEO from acting on the writ of control through the high court, as the variation with the N245 will only apply to the CCJ in the county court. You can apply to suspend a warrant of control on the N245, but a warrant of control is when they're using a county court bailiff, not a HCEO as the HCEO will be acting on a writ not a warrant.

If you've not paid what the court has ordered (so for example you've been late on payments and defaulted on it), the creditor (the supplier) can then use enforcement as they're doing here. They can't use enforcement if you've not broken the terms of the CCJ. So if the terms of the CCJ have been broken, you'd need to apply for a variation on the N245 in the county court to ask the court to change the payments or to request they're put back to what they were.

Thank you.

If they're using enforcement it would suggest that you've broken the terms of the CCJ, such as making payments late. If they've issued a writ of control through the high court, applying on the N245 to suspend the warrant won't stop the HCEO, as the HCEO isn't acting on a warrant of control (this is only through the county court), they're acting on a writ of control through the high court, so you'd need to apply for the stay of execution in the high court, and then the variation in the county court to reset or change the payments on the CCJ to stop them being able to use enforcement going forward.

Thank you.

Looking at the court page, it looks like the high court in Liverpool is called the "Liverpool Circuit Commercial Court" and their address is Address: Liverpool Business and Property Courts, Liverpool Civil and Family Court, 35 Vernon St, Liverpool L2 2BX.

It also gives an email address and contact numbers so you can check with the court directly if you're uncertain: Email: [email protected] Team leader Kevin Fitzmaurice: 0151 296 2483 Support through Court: 0151 296 2209 and 0151 296 2211 Telephone: Dave Troughton – 0151 296 2210 Email: [email protected]

[AndyOrch]

 Got there in the end so now your sorted and ready to submit.

[morgan8080]

do you agree with what was said?

not sure about the cca - he said it would only be covered if it states it in the credit agreement - which we dont have one  - only a letter saying It was set up and we had a letter saying we have opened a credit account for you , your credit limit is £5000 if you find this insufficient please contact me and we can come to an amicable agreement .

Then it just has conditions of sale attached to it with details about buying of goods etc

i can ask for one but on my covering letter can i still add about the debt is under the CCA 

i want to suspend action and then fight for the fees added.

interest is being added daily now its with HCEO

[dx100uk]

which is why ive kept asking where is your PROOF that the loan IS covered by  the CCA not just an assumption by you.

HCEO can add daily interest, part of their remit, so its not post judgemental interest associated to the claimant.

 

[morgan8080]

Don’t have a copy of agreement as it’s all happened in last few days I thought we were paying the £50’a month . I didn’t know about CCA so it’s only down to some researching that it could most likely be covered but I won’t know for definate till get a cooy

I just need to ensure for now no one will be knocking on door 

[dx100uk]

well in all truth it doesn't matter if they do, theres no right of forced entry so....

why not ring up the  bathroom company the claimant and ask for a copy by email PDF?, or ask them what it states at the top

typically it will say 'this agreement is covered by the consumer credit act 1974

or it will state it is not regulated/unregulated.

dx

[morgan8080]

I’ve sent an email asking for this to be sent.

so plan is to send n244 to ask for stay of execution.

do I need to also send n245 to vary anything ?

it’s all a bit overwhelming .

I want to stop any action then will act on the CCA if needed.

i also do remember husband didnt have good enough credit but as he was working with them a lot they gave it to him as a favour at discretion of the boss.

The debt arose after their work had dried up so he couldn't pay back as he had no work and had to look elsewhere as he sub contracted to them

[morgan8080]

if you could help me i feel really lost and urgently need to send today

need to fill in n244 and email in and pay today

i dont know what am writing?

[AndyOrch]

 

[morgan8080]

thank you

so do i do a n244 for stay of execution and also submit an n245 to vary or just leave it at the n244?

 

so sorry to ask questions 

[morgan8080]

17 hours ago, dx100uk said:

well in all truth it doesn't matter if they do, theres no right of forced entry so....

why not ring up the  bathroom company the claimant and ask for a copy by email PDF?, or ask them what it states at the top

typically it will say 'this agreement is covered by the consumer credit act 1974

or it will state it is not regulated/unregulated.

dx

if they dont have one or dont reply - can i say on my n244 that i believe it to be under CCA and have asked for a copy of credit agreement as we never got one only a welcome letter

[AndyOrch]

I do not think that extended trade credit for small business/sole traders is covered by the CCA1974. They are covered by the CRA (Consumer Rights Act) with regards to disputes but that does not extend to CCJs and execution.

I wouldn't waist the fee and add further debt. Speak the HCEO and try to bring the agreement back on course with your payments, you will have to take the hit with heir fees for missing payments and a lesson learned.

If you do find yourself in this position again where you wont be able to make payment ring them up and inform them and try to come to some extended agreement.

Andy.

 

 

[morgan8080]

my payment are all up to date

i dont want to deal with any HCEO , i have adhd and massive anxiety, i won't sleep if there could be a chance of a visit. The HCEO only set up a payment plan if they can come visit and there is charge for that and controlled goods agreement 

so far i have dealt with the solicitors before they applied for writ

Edited July 19, 2023 by morgan8080

[AndyOrch]

Then speak to the Solicitors,

[morgan8080]

and say what? i was told not to talk to them and i had an answer phone message saying i was late paying thats why its gone to hceo

[AndyOrch]

That your payments are now up to date explain the reason for falling behind and ask that they show a bit of compassion and ask they withdraw the writ ? Nothing lost for the sake of a phone call.