HCEO visit,i was over paid by my old job and was taken to court,

[marky74]

Hi all

 

I have just got back from the school run to find that an Enforcement Officer from Andrew Wilson has been. They left a notice letter in my door.

 

I was over paid by my old job and was taken to court, I filled out the form to ask to pay in instalments and sent it back to the company dealing with the overpayment.

 

I have not received anything from them or the court to say anything after the court hearing???

 

First thing I got was this letter from enforcing the debt and further charges by the enforcer.

 

Can anyone help with this?? Do I need to call the debter or the court to try and solve this as don't want to deal with the enforcement officer

[ploddertom]

The mistake you made was sending it back to the Company rather than the Court - they will maintain the line they never received it or it was insufficient. Were you aware a CCJ had been awarded against you and if so how long ago was it?

[marky74]

I have spoken to both the court and the company I sent a financial statement too. Apparently the company accepted my monthly offer but it still went to court for a judgement order. The court then apparently sent me a judgement order out telling me the dates I should start paying. I did not receive this or I would have started paying.

 

Due to not receiving the letter and not paying when I should have the company has sent it straight back to the court for another order and a visit from sheriffs. The only way I can stop this now is by completing a Stay the writ which is going to cost me another £120

[Ell-enn]

Ring the court and ask if you can submit a variation order Form N245 which costs £40 - this is the form which asks the court to consider monthly instalments instead of the full sum of the judgement

[marky74]

can I do this even though it has gone further than a judgement order and gone back to court for something like an enforcement execution order (if that's right)?

[ploddertom]

can I do this even though it has gone further than a judgement order and gone back to court for something like an enforcement execution order (if that's right)?

 

Yes - use Form N245 cost approx £40. However as HCEO has been instructed you will still need to file for a Stay - thought the cost was on £80. If on a low wage or certain Benefits you may be baleto have the fees waived - see Forms EX160a & 160c for details.

[Ganymede]

Ring the court and ask if you can submit a variation order Form N245 which costs £40 - this is the form which asks the court to consider monthly instalments instead of the full sum of the judgement

 

 

No point.

 

Monthly instalments were already accepted by the Claimant and set by the Court.

 

The OP has breached the Court Order and by defaulting on the payments but only because the Court never sent her the details.