wonkeydonkey
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Rogue Bailiffs
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
Exactly BA......spelling errors that appear on another forum must be due to the faulty PHABLET he uses:lol: -
I am tied up at the moment but I have asked PT to look in on this, WD
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The solution for the OP (since the debt is not denied) would be to make an application to stay the writ and seek a variation order ( N245) .Once they address the debt they can then look to see if there is wiggle room in the circumstances leading to it. I would start by asking the Court, Eon and Marstons what address was used to obtain the Judgment and transfer up to the High Court.
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Rogue Bailiffs
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
It's not hard to work out why the conference was so poorly attended given the agenda was geared to discussion of events that have not as yet reached a conclusion. £300+ is a lot of money for a ticket to hear nothing of advantage....mind you if 'he' had attended he could have been listed as the entertainment..... a Pinocchio tribute act springs to mind. -
Rogue Bailiffs
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
Ah but, claims to being a stipendiary magistrate, paralegal and a law firm must come top of the list along with being resident in France, Dubai and of course his West London home complete with electronic gates and resident housekeeper, strangely enough there is little mention to reality..... in that he lives in a semi in Crawley. -
Rogue Bailiffs
wonkeydonkey replied to wonkeydonkey's topic in Bailiffs and Enforcement Industry - General discussions
Someone trying to inflate their ego? or just plain lying as usual ...Director of a non existent company, what a joke he is, almost on par to his claims of being a 'lawyer' -
https://www.publicpolicyexchange.co.uk/events/GA28-PPE BA would you know if anything of interest resulted from the above conference? More haste less speed......I meant to post this in the discussion forum, perhaps a moderator would be kind enough to move it over for me? Thanks WD
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If the County Court has made Judgment by default (which in this instance would appear to be the case) the creditor will be awarded payment 'forthwith' ie immediately. Failure to make that payment can( or has in this case) result in the creditor transferring the courts Judgment up to the High Court for enforcement. Once the HCEO is instructed, the creditor is bound by the T&C's of the company holding the writ to forward any direct payment made to them on, if they fail to do so they themselves could be held responsible for any costs incurred by the HCEO.
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Don't really want a HCEO knocking on the door They are EA's and not HCEO's. the heading on their paperwork is designed to lull you into thinking they are acting with their other hat on, HCEO's do not deal with Court Fines. they only deal with matters relating to the High Court.
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If the 'extra money' you are referring to was the £111.75 for the cost of the writ you have more than covered your obligation to the Judgment. As the creditor has now confirmed to the HCO the debt has been settled in full, any further 'costs' deemed due to them (HCO ) falls on the creditor. You have the option to go to court and seek a detailed assessment of ALL the costs claimed by them. This yet another reason to send the SAR for without knowing what they are charging you for and what instruction they were given by the creditor you are stuck at first base. Once you have all the info you can come back here get guidance and help free of charge from experienced and knowledgeable people on this forum. Do not be tempted to engage with another forum who offer 'telephone consultation' at a charge, that person has been exposed as a con man and has cost several people thousands of £'s. he has NO legal qualifications and simply talk's the talk but can't walk the walk.
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Taking everything into consideration (as posted here) I can see a possibility to set aside There is little doubt the creditor was 'hasty' with enforcement but to your advantage is the fact the Judgment amount is now paid. This is the time to send the SAR I mentioned earlier and start to gather the facts, once you get things together you can come back here and be assured you will get all the help you need to take this to a conclusion.
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You say you received the ccj on the 15th Nov, do you mean it arrived by post on the 15th? ....what date was the actual hearing ? did you attend the hearing? did you respond to the claim pack or was judgment given by default?
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I think you would be wise to send an SAR (subject access request) to HCE. This will enable you to follow the actions the creditor took both prior and subsequent to the CCJ and writ.. Once you have the full picture it may offer a possibility to seek set aside of the writ. I also had a creditor who was a bit to quick off the mark in instructing Shergroup to enforce a writ almost immediately after judgment. The Judge took a very dim view of their actions and not only was the judgment set aside the creditor ended up with a writ being issued against them for costs both County Court and a RCJ Master had awarded to me!!!.
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Thank you PT, it was not my intention to raise and discuss (in depth) the subject of detailed assessment which is why I lumped costs and disbursements under the heading of 'fees', there is of course a line between the two. My main concern was to address the misinformation the OP was given to the fact that, by submitting an n245 for variation to payments it would remove all the bailiff fees/costs, this is utter rubbish and the fees/costs WILL NOT disappear in the process.
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I would go with the advice from PT. I have to be honest and say that out of all the HCE companies that I have been in contact with over the years (to enlist help for debtors) I have always found the Sheriffs Office to be the most accomodating .They seem to be unique in that they WILL and DO listen, I really do not see them digging their heels in regarding a change of date if it would prove beneficial to all parties. I noted you had posted elsewhere and it was suggested that by merely submitting an n245 for variation to payment would remove the fees to the bailiff, I am sorry but....that information is incorrect, you will not see the bailiff fees disappear, the best you can hope for, is the Judge hearing the n245 application will order a detailed assessment of the fees being charged. You can of course make your own application for a detailed assessment of the said fees however,...WARNING, not to be taken lightly... if you fail to convince the court there has been 'overcharging' you could be facing a massive bill for costs from the other side.
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Claire Sandbrook aka sherforce/shergroup is touting herself out as an absentee HCEO to this mab.
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If the debt is admitted but the debtor does not have the means to satisfy it, then it follows the 'fees' being added are also beyond the debtors reach. This scenario can be addressed on submission of an N245 which if filed correctly should show the amount due to the claimant as ordered by the court and what proportion of the total debt being enforced are 'fees'. So to answer your question, yes the fact the debtor cannot afford the extra burden of 'fees' can be given as additional reason to stay execution of the writ.
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I recently stored my car in a 'secured' parking facility near Newcastle airport for 1 week, the cost was £48+vat. I fail to see how the same/similar facility can warrant a fee of £50 per day.
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Sorry my comments were not meant for this thread I intended to post here http://www.consumeractiongroup.co.uk/forum/showthread.php?453447-Another-debtor-found-guilty-under-Section-68(1)-of-TC
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JasonB the (McKenzie in this case) frequently claims his 'Law Firm' charges the sum of £2500 to represent 'victims' in court. That forum needs to remove all links to Mr B especially his ' telephone consultation' hot line,
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Of serious concern is that this person was also represented by a McKenzie masquerading as a 'Lawyer' who has been responsible for a number of failed legal cases over the past couple of months that have resulted in debtors losing many thousands of pounds. I don't have the full details as yet but, I have been given to understand there was yet another hearing yesterday which resulted in this McKenzie (ie Jason B) being refused permission to address the court, who I believe reprimanded him severely for his conduct.
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Time Gentlemen Please
wonkeydonkey replied to JCR101's topic in The Bear Garden – for off-topic chat
No...I think this is just an outlaw who lost the plot while hunting at NE Lincs Council, Rossendale's and Humberside police. who is now looking for a gun fight at the cag corral. -
That is how I understand the process. It is therefore of great concern that Grumpy as a bailiff himself, does not understand this......if the way he or indeed the company he is employed by, are enforcing the way he describes is it not the case debtors are at a disadvantage?
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Your parents need to contact their ward councillor by telephone and express their fears and concerns to having bailiffs call for a parking ticket that has nothing to do with them.( IMO as elected officers they should be available up until 9pm) They have access to the hierarchy at the Council and the right to intervene on behalf of their constituents. Once the immediate threat is under control you can take time to draw up a full formal complaint.
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