CES HCEO threatening to visit on solicitors fees CCJ

[paul26may]

Just when I though I was getting my life under control

a letter drops through the door from Court Enforcement Services of Waltham Abbey.

 

They want 25% of £3515 by 23rd September or they will commence enforcement procedures.

 

Another visit from bailiffs of any kind will push my partner over the edge.

 

We are having enough trouble as it is and now with this out of the blue!

 

The debt by the way is for some solicitor's fees I owe from a couple of years ago.

 

What can I do as I can't find £879 by next Wednesday?

 

Desperate!!

[SabreSheep]

Have they issued a court claim fro the fees and have you got a CCJ?

[paul26may]

Yes there is a CCJ and a High Court writ.

[Bailiff Advice]

Is the letter that you have received called a Notice of Enforcement?

 

Have you put forward a payment proposal?

[paul26may]

Yes it's a Notice Of Enforcement.

 

As for a repayment proposal when I phoned CES up all they said was 25% of the debt by the 23rd and the balance within 8 weeks.

[Bailiff Advice]

I would therefore suggest that you email the company to advise that you cannot pay that amount and provide a simple Income & Expenditure.

 

If a visit is made the problem that you would face is that any vehicle parked outside could be at risk.

 

The enforcement agent would not be permitted to come into your home (unless by invite).

 

Is the debt in your name only?

[paul26may]

I appreciate that. Unfortunately I have much unwanted experience of dealing with bailiffs! My understanding of High Court Enforcement is that they have the right to enter the property no matter what due to there being a writ issued. I hope I'm wrong.

[Bailiff Advice]

I am assuming that the property that you live in is a normal residential property.

 

If so, the writ of control does NOT permit the enforcement agent to come into your home.

[paul26may]

An agent of CES called at my parent's address today and delivered an 'Avoidance Notice'.

 

I have however been paying religiously for at least the last 10 months and have bank statements to prove it.

 

This has caused untold distress to my parents and I want to know what course of action,

if any, I can now take against this outfit.

 

It seems that the company haven't been informing their agent that I have been paying every month

as per the agreement because he is holding my previous address

and the amount he claims I owe does not take into account the £1000+ I have paid.

 

Any advice would be much appreciated.

[Bailiff Advice]

I am assuming that the debt is the same one that you had last September? If so, what payment arrangement did you eventually settle at?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?452222-Court-Enforcement-Services-threatening-to-visit&p=4792070#post4792070

 

 

If you have been paying without a missed payment since setting up the payment arrears, then you must speak to the company this morning to ascertain where the problem has stemmed from.

 

You also need to find out what additional fees may have been to your account.

 

Please post back once you have spoken to the company.

[paul26may]

The arrangement was to pay £100 per month on the 30th of each month.

I have paid a couple of days late on a few occasions and that is why I am now being asked to repay the full amount.

 

Original debt was £3295 and I have paid £1000.

 

Fortunately or unfortunately, whichever way you look at it, my dad has now paid the £3695

and CES are laughing all the way to the bank. Outrageous!

 

By the way £1000+ added in fees.

[Bailiff Advice]

Do you have details of the fees that have been charged?

[ploddertom]

When you say the original debt was £3295 - is this the amount the CCJ was awarded for?

[ploddertom]

The arrangement was to pay £100 per month on the 30th of each month. I have paid a couple of days late on a few occasions and that is why I am now being asked to repay the full amount.

Original debt was £3295 and I have paid £1000. Fortunately or unfortunately, whichever way you look at it, my dad has now paid the £3695 and CES are laughing all the way to the bank. Outrageous!

 

You have hit the nail on the head as to why they have turned up again. There is a benefit in having had it all paid and that is you can start the questioning process without the fear of the knock on the door or goods being taken. As others have said get a breakdown of the fees you have had to pay. I don't doubt they will duck & dive over doing this but it is the only way to proceed.

[dx100uk]

I have merged threads for the history

 

 

dx