Estate Agent CCJ for +£5k fees - Now Wilson & Roe HCEO's waving Arms about a Charging Order

[marksheff]

ive got a ccj for a debt now at around 8k.

im now been threatened with a charging order on my property 

Ive read they have to apply for an interim order then a charging order and if needed they can aquire a order of sale.

the advice im looking for is how long from the interim order being applied for what is the time limit before it shows at the land registry?

also if they apply for a order of sale what happens if the property doesnt or takes ages to sell what can happen.

thanks.

[dx100uk]

What's the debt/ccj? And who is spoofing you please? 

Already have a thread? 

Is the property in joint names too and debt is just yours? 

 

Dx

[marksheff]

its with wilson and roe

,the other thread is now been sorted

,the property and debt are both in my name.

[dx100uk]

What is the debt? 

Was the court claim defended.. Tell us more please.. 

And I bet the threat-o-gram doesn't say will anything

Scan it up to pdf please 

Dx

[marksheff]

the debt is for estate agent fees which ive just ignored wrong i know.

ccj was issued they came to my home three times i want in so they left letters to state they had been.

im a bit worried about uploading docs,but the long and short of the letter states they have checked with land registry and found out i own the property and giving me one week to pay the debt or they will apply for a charging order,

i dont have the money to pay the debt

,but im concerned they may stop me from trying to sell the property or force me to sell.

[dx100uk]

Can't force you to sell.. It's a threat-o-gram.. Stop panicking scan it read upload

4 minutes ago, marksheff said:

they came to my home three times i want in so they left letters to state they had been.

Who are 'they' 

Dx

[dx100uk]

nope they are not a powerless DCA working for Wilson&Roe.

as the letter clearly states,

it's FROM Wilson&ROE whom are HCEO bailiffs operating to enforce a High Court Writ attained against you for a CCJ Judgement by their CLIENT, Sequence (UK) LTd (T/A William H Brown.)

from you posts it appears they have attended 'several times'? 

so i will guess you have previous letters like a Notice Of Enforcement' etc?? have you. 

and they have subsequently visited too, so i expect they've added ££10 to the debt figure quoted on the judgement for claimant you got..when was that?
 

if you read the bottom of their letter carefully it says: 

Quote

Should .you fail to contact us by this date with your proposals to settle this debt, we will advise the Claimant to apply to the court for a Charging Order against your property.

i can advise my dog to sit, if it does is a totally diff matter.

it's a threat-o-gram that doesn't say WILL anything. Hot Air

dx

 

[dx100uk]

so as above ans.

can you please answer my outstanding Q's there please

[marksheff]

ive had 3 of the same letters when i wasnt home.im not sure what you mean by was the court claim defended?

 

Wilson & Roe High Court Enforcement Intention to take control of Goods.pdf

[dx100uk]

well thats not the same - its an intention to remove of goods notice 

all hot air - there no right of forced entry on consumer debt.

+£5k judgement wow those are some estate agent fees!!

did you defend the court claim or ignored everything inc the claimform and got a CCJ by default?

did you know about the court claim at all by the estate agent?

where's the Notice of enforcement from W+R?

thread title updated

 

 

 

[marksheff]

thats all the paper work ive received

3x removal of goods left by the enforcement officers and 1x which was posted which ive uploaded,

sorry if im not making sense.

i knew about the ccj but the rest ive just ignored.

i do appreciate you're responses, stuff like this goes straight over my head

,im not in a good place at the moment but not that im excusing my stupidity.

ive just found the notice of enforcement.

ill scan it and send it if you need to see it but bare with me as my internet is a bit slow..

[dx100uk]

no dont need to see the NOE, just that you did get one.

ok you knew about the CCJ,???

what do you mean please as this can be important.

did you receive the original claimform pack from northants bulk court regarding the estate agent making the court claim against you ?

did this come to your address where you are now or went elsewhere because you'd obviously moved?

or was it just a case of you ignored everything, inc the court claim but you say otherwise :

6 minutes ago, marksheff said:

i knew about the ccj but the rest ive just ignored.

dx

 

 

 

 

[marksheff]

yes i did recieve the court claim pack from northants,it came to my new address,but i did ignore it.

[dx100uk]

ok good that wraps things up nicely.

shame you didn't defend it. thus you lost and got a default judgement CCJ.

for a CCJ to be passed to the High Court thus to HCEO Bailiffs the default judgement CCJ must be >£600

then a writ is issued and the HCEO's try and enforce it with the resultant fees + interest etc that bumps up the sum owed.

as you've ignored them (good work) they will eventually try every trick in the book to try and make you engage with them.

ok sadly that means heaps of fees, but there you go.

theres no right of forced entry so poor ole bailiff.....

they will eventually pass it back to their client .

what you have is one of the latter now,  just trying to scam you for want of another word with idle threats.

you ought to deal with this at some point as if the claimant (estate agent) does go for and manage to get a CO, it WILL have to be paid upon sale of your home...eventually. 

if you have no intension of selling before you die, well thats for your executors to sort out in the future...

though be 1000% confident, until then its extremely rare for an order of sale to be granted for such a small sum with regard the value of your home and p'haps other outstanding securities that might be against it like a mortgage or secured loans etc. your deeds will outline those.

if there are previous securities, then a 'newbie' like this lot, can't just come along and force you to sell, the others would be rather upset if they did try and probably object and then it will almost certainly 100% fail.

have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.

dx

[marksheff]

thank you so much for the help and advice it does mean a lot and youve put my mind at rest,ill take all the advice to heart.

ill definitely not engage with the bailiff.

m.

[jk2054]

update thread with the typo for hte name of the HCEO so people can search easier for their name if they have dealings with them in future?

Edited April 20 by jk2054

[dx100uk]

oh yea ta!

one last question

what date was the CCJ/Default judgement?

dx

[marksheff]

11th January 2024.   

[dx100uk]

blimey they moved quick.