Many thanks, let me know when you are ready and give me an email address.

Many thanks Andy really appreciated (and the last line was a cut & Paste error I forgot to delete!)

any chance you could have a look at my recent posts please? many thanks

I have been holding back on the N244 because The lady at the Court said the Writ was not made out to my address? I think they have made a mistake and I don't want to pay £155 for the priveledge of informing them? Also the inforcement notice is not compliant (doesn't show interest etc). So Surely : the address on the writ is wrong then the law, Paragraph 9(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says an enforcement agent may take control of goods only if they are on premises that he has power to enter under this Schedule, (or on a highway)? (Huntress Search Limited (Claimant) v Canapeum Limited (Defendant) and DSI Foods Limited (Interpleader Claimant) [2010] EWHC 1270) It is also not in a trading name that I traded under and is in the format "me t/a unknown company" And wait for it; the Judgement was for £16500 and a HCEO has called at my premises today with a note through the door for £19120 !! Now I know this is wrong! I have also found that the Enforcement

UPDATE: Just received a copy of the CCJ: The reason the claim was for 500 more than the Tomlin Order is they added costs and interest to the CCJ of 2500, then took off the 2000 I had paid: Surely schedule 4 of the Tomlin Order restricted them the Claiming only the balance of the amount owing? It should also be noted that the original debt at the time of the TO was 11k and they already added 5k to this in costs and interest at the time of the Tomlin Order making the TO 16K ??

OK unfortunately all the Judge has said is that I need to fill in an N244 and request a hearing, which I knew already. The lady at the Court did try for me. She has said that both the CCJ and the Writ have been made out to my business premises in the form of MY NAME T/A BUSINESS NAME. However as I have previously stated the Tomlin Order was made out to my Home Address, they knew the business ceased trading at that address 2 years ago, and the business name listed after the "T/A" is not the name I traded under? Any thoughts before I send the N244? many thanks

Dear Andyorch and Plodderton Many thanks for your fantastic replies. Sorry it has taken me so long to reply but I contacted the Court on Monday to get copies of the paperwork and I've been waiting for a reply ever since. At first the lady at the Court said "copies" of documents were chargeable, but when I explained the full situation in that I had never received them in the first place and that surely I was entitled to them she agreed, as she could clearly see they had gone to the wrong address. I ringing her again today she has put my case before a Judge?! Totally out of the blue that one. As I only really emailed her a "summary" of what had happened, during the last few days I had been preparing an N244 along with a statement of case. I have now sent her this so the Judge has the full picture and not a summary. She said he hasn't looked at the details she sent him originally, so will hopefully get my statement before he looks. I have been told to call back later this afternoon for his comments. Fingers crossed and thankyou guys as of course my statement is full of your "wording". kind regards, and will post later today.

I don't know as they sent everything to a business address that is no longer there - yet all other documents have been sent to my house over the last two years including the Writ, just the CCJ was registered at the business address??

Thanks Caledwlch, yep i'm aware of all that, and my car has Finance on it so that should be fine to park anyway. doggone it - Only when they demanded I pay 3.5 times as agreed (£100 to £350/month)

As follows plus I feel its worth mentioning the CCJ is for £500 MORE plus COSTS plus INTEREST than the amount agreed in the Order below and repayments of over £2000 have ALSO not been taken into account making the CCJ over £2.5k more than the consent order??? The parties having agreed to terms in full and final settlement of the Claim as set out in the Schedule hereto, all further proceedings in this Claim be stayed, save as for putting the said terms of the settlement into effect with liberty to apply for the said purpose. There is no Order for costs. We consent to an Order in the above terms Dated this day of 2013 ……………………………. Solicitors Address ……………………………. My home address …………………………….. My partners home address S C H E D U L E In full and final settlement of the Claim and all matters arising from this dispute, the First and Second Defendants will pay and the Claimant will accept the sum of XXXXXX inclusive of costs and interest (“the settlement sum”) The First and Second Defendants do pay the settlement sum of XXXXX by way of forty two monthly instalments of £XXXX and one monthly instalment of £XXXX. The first instalment of £XXXX to be paid to the Claimant on or by 10 June 2013 and thereafter consecutive monthly instalments of £XXXX to be paid to the Claimant on 10th day of each month until the discharge of the settlement sum. The First and Second Defendants are at liberty to repay the settlement sum of £XXXXX in its entirety at any time during the period of this agreement. The First and Second Defendants are at liberty to make additional payments over and above the instalments referred to in Paragraph two above. If the First and Second Defendants fail to make the payments referred to in Paragraph two above by the due dates and/or the payments referred to in paragraph two fails to clear either in whole or in part any balance of the settlement sum of £XXXXX then outstanding will become payable immediately and the Claimant be entitled to enter Judgment against the First and Defendant for the balance of the settlement sum outstanding at that date.

Could anyone please help: I need an URGENT Stay of Execution of a Writ as HCEO’s are about to attend my home and I believe this to be in error. It is unclear on which form we apply for this, N244 or N245? And therefore it is also unclear as to the cost of this application. A Consent Order was granted to a Claimant as we were trying to do the right thing and also to not go to court. We got caught out as our limited company was dissolve by CH without our knowledge. So for a few weeks we traded as non-limited (but didn't know) so as soon as we found out the business ended. Our suppliers solicitors got us for this small period when we traded as individuals, and took us to court. We were unaware until the day of submission of the order that this consent order was a Tomlin Order, thus giving us no time to seek legal advice. We didn't even know what a Tomlin order was? They took 3 weeks to draw up the order and it was signed at 5:45 pm on the day before the hearing. Because of mistakes in spelling we had to sign it a total of 3 times in that last day. The Tomlin order states my home address, and myself T/A incorrect business name! And as we are litigants in person is also against CPR so I believe? After paying the claimant successfully for over a year the claimant wanted more money. When I couldn’t pay, the claimant entered a judgement, and so gained a Writ Of Control. However the Judgement was entered at our business premises (not listed on the Tomlin Order) where the business has been dissolved for 2 years? We got into this mess because the business dissolved so the claimant knew the business no longer traded, and therefore we were not afforded the chance to defend ourselves or receive any prior notice; we were totally unaware until the writ came through the door. The claimant has actually traded with the new landlord at our old business for nearly 2 years, and had addressed every document to our home address so I can only say that this judgement is seriously flawed. How can they make a judgement, and send court papers to an old address, when they have been sending paperwork to my address for 2 years? This is just so we didn't get ANY notice of what they were up to? We therefore intend for the Writ to be stayed until we set aside not only this vexatious and fraudulent judgement, but also the Tomlin Order. Form N245 seems to be to stay a writ if you cannot pay, which we are not necessarily stating at this point. So which form do we use and how much do we pay? Any further help would be appreciated as I have a pregnant wife and 2 young children at home and it will not be nice for them if HCE show up, but of course they will not be gaining entry. Many thanks

I made an arrangement with BC to pay wife's account from my debit card (continuous payment authority) so that the account didn't default, this arrangement apparently terminated of its own accord, I didn't cancel it whatsoever. No notice was sent out to say this arrangement had terminated in jan 2013. Only then did the account default, and we were totally unaware. How can this be set aside if we Havnt gone to court yet? (Acknowledgement of service just sent out so we have 14 days to submit defence, this is why I need help what way to deal with this!) Thankyou

Hi there, any help or advice would be appreciated. MKDP have sent my wife a summons for a "ficticious" debt. I am tempted to let this go to Court, but please read my timeline of events below and let me know if I should sort this out with them direct, as I have telephoned them and they have asked me to send evidence to them. Here we go 2000 wife given barclaycard with no job, 5 days after her 18th birthday 2011 wife suffered sports injury, called to claim on her ppi policy and was told she didn't have one? 2012 put in to re-claim ppi payments, as statements showed she did have ppi. Our Claim shows clearly we accepted that any monies owed would clear debt on account first, then balance paid to us. I put this in the other details section of the form just to be nice and accept that we would get "what was left over". 2012 unknown to us, default registered on credit file for not keeping up payments! (8K, original debt at wife's point of injury was 6k) 2013 Jan - our ppi re-claim was denied: reason given that PPI was explained fully at the time. My wife didn't even know what PPI was until 2011! 2013 Feb - applied to the address given to us by barclaycard to access wife's records 2013 April - after weeks of phone calls when the 40 day limit expired, advised by BC we had applied to wrong address (Given to us by BC?!) 2013 June - re-applied for Wife's records, received and showed she had PPI for 13 years, PPI "box" ticked by computer on her 2000 application, and no records of PPI being explained, also telephone records showed my call in 2011 where PPI claim for accident/sickness cover was declined! 2013 June - unknown to us Debt sold to DCA apparently owned by barclaycard MKDP and second default for SAME debt registered on credit file. This was happening at the SAME time we were still in dispute with PPI dept. 2013 June - PPI claim re-opened Barclaycard and admitted mistake. BC PPI dept told us they could recover the Debt back from DCA in extreme circumstances such as this; Letter clearly states outstanding debt to be cleared before paying us out balance of any funds. 2013 August PPI claim paid out (11k). So this was clearly our settlement AFTER account cleared, whole affair RESOLVED. 2013 October DCA MKDP served county court summons for fictitious debt sold to them? My wife now has 2 defaults on her credit file for the same debt, and wouldn't of been in debt if Barclaycard had paid out PPI when she was injured. What would you do guys, like I say, I wonder whether to send MKDP nothing and file a counter claim?? Replies greatly appreciated

Thankyou both for your excellent advice, however something new has come to light. My company was unable to pay our accountants so their work, therefore stopped. This included submissions to companies house. We were struck of the company register for not completing a return and dissolved. This was done on October 18th 2011. We were, however, unaware that we had been dissolved until the Local Council rang us on the 12th December to say that if the company had dissolved, we had no drinks license. We were therefore informed by a 3rd party that we had been dissolved. We immediately closed the bar. I know the licensing officer and can get propf if necessary that he was the one that informed us of our dissolvement. The supplier (claimant) have now changed the amount owing so as to only reflect for transactions after the 18th October, effectively halving their claim and saying that we continued as a partnership, and that is what they are now after, not goods invoiced before this date, stating that they "realise they cannot chase the debts of a dissolved company". This was of course totally innocent on our behalf, you would of thought that companies house would have to inform us but apparently not: How are we supposed to stop trading if we dont know? Like ourselves, the supplier was also unaware that we had dissolved, and continued to Invoice under the LTD Company. Surely as we were unaware and continued trading, they too made a mistake: If we were a partnership why did they not invoice us as a partnership after 18th October? Myself I think this is a very grey area, and once again would appreciate if anyone could clarify where we stand. Thankyou.

Many thanks for your prompt reply Andy Companies House is showing as Dissolved, neither of us signed personal guarantees (only with Brewery and they have dropped their claim to save costs), and Yes our defence outlined that we were not personally responsible for the debts of the LTD company and as such the claim has been made in the wrong name. All our correspondence to the claimants solicitor has been ignored, including giving them 14 days to send out the Standard Disclosure (sent 02/12/12) as per the order. I have also received today a "standard" letter because the order also stated that we were to communicate over the matter beforehand and try to resolve the issue; this contained ALL the suppliers invoices ALL headed with the LTD company and no mention of our personal names?!