CCJ Bailliff Enforcement Letter

[old bill]

I am sorely tempted to advise you to make a formal complaint against BCW to the Solicitors Regulation Authority (SRA). This odious bunch need something to curb their shenanigans.

[erimus1]

This history as far as I know is its a debt from a previous phone contract I had that has gone into arrears,

 

I had some trouble with debts a while back and thought I had paid everyone off and was back to square one,

it looks like I missed this one and havent received any communication for a while,

 

I remember getting a letter about 3 months back about the debt and thats a CCJ was being applied for,

 

at the time I was looking for work and it just got left with me thinking I had more important things to deal with,

which again is a downfall on my part,

 

I never received a judgement notice and so it just left my mind,

then about a month ago I got the letter from St Helens council advising the judgement was in arrears and payment needed to be made,

 

I then tried calling the office to no avail, I also faxed over a letter to them advising I was not aware of the judgement,

asking for who the judgement was awarded to and also how much per month was to be paid,

I never got an answer and then received a letter today dated 12th July advising if payment is not made within 7 days then a van would be rented

and they would attend the property to levie goods,

as a note as they have not been to the property before am I right in they cannot take goods until they havae first made a list?

 

So basically I have 2 days to get this sorted,

and obv with living at home I dont want the parents to know about this as they think my debts are clear as I did myself.

 

How would I go about a variation order and would this stop the bailiffs immediately,

I am happy to make payments to clear the debt but feel corned into a tight space with little time to action something.

 

If I can get throughh to the bailiff do I advise them I am seeking to get a variation?

 

 

Hi there. Few people on here have been mentioning getting this set aside, and some saying its not worth it if you have no defence. I would say definitely go for the setting aside. What this does is puts you back to the papers being re-issued. You have grounds to do it as you did not get them or the judgement. You have to make this application withing a month of the CCJ being granted or from when you had notice. If it is over a month of the CCJ being granted then you will require the district judge' permission to make the out of time application - this should not be a problem in the circumstances but you need to show him or her that you have done it as soon as possible after notice.

 

Even if you admit that you owe the whole amount, you at least have the option of paying this within a month and no record of the CCJ will be put on your credit file. Having said this, if you won't be able to pay this within a month or your file is already trashed, it may not be worth your time and effort.

 

If you choose to make an application to set it aside then keep a copy of everything and send a copy of this plus the court receipt to the bailiff's office to stop any visits.

 

The Northampton CC is what is used for Moneyclaim Online service btw.

 

Good luck.

[yetiweston]

Hi all,

 

Thanks for all your help, I have again tried ringing the Bailiffs this morning but guess what no answer, I have since sent a letter recorded delivery this morning to the Bailiffs office to explain that I am looking to get a variation to the amount to be paid and have also stated I can however clear the money I am behind by 25th of this month and if they are happy to agree to this, I have sent a variation form through to Northampton also, spoke to them this morning and they say they have a 10day backlog of claims to deal with. They have also advised the claimant as far as they are aware is Orange and not BCW, but having spoken to orange they say BCW are handling everything so can BCW file the claim as Orange????

 

So hopefully I can pay the arrears and get a variation arranged for a lower monthly payment and hopefully stop the Bailiffs coming to the parents house, I have left phone and email address for the bailiff to contact me on so hoping for a phone call early tomorrow. I am not to sure about setting the debt aside as I don't dispute it and I'm guessing it been 2 months if not more since the judgement, I'm waiting for a copy of my credit file to find out more and see who the debt is registered with on there.

 

My credit file is pretty trashed as Ive had other debts over the years with a load of defaults etc but most have now been paid off

[Queens_king]

If BCW are claiming to be acting as the debt owners you should have received a Notice of Absolute Assignment telling of such. If not then BCW are only a joke DCA, I know, I have run them off twice and reported them three times to TS and OFT

 

But also beware because it is possible that BCW and Orange jointly issued the CCJ and Orange sold the debt on for 15p in the £ after obtaining the Order, but, you still require the notice of Absolute Assignment