OH been paying old business trade stock CCJ (sole Trader CCA Agreement?), Missed a few - now HCEO NOA

[morgan8080]

My husband has a £3000 debt which was taken to court and a judgement applied and agreed to pay £50 back a month.

I had missed 2 months, had emailed the solicitors it had been with and said i had made payment now and had no response to this

it would seem they had already sent this to an enforcement team.

I had a letter today from High Court Enforcement ltd - titled notice of enforcement.

Tried calling the solicitors it had been with but no one was there to talk to.

We have till 26th to call pay / set up payment plan

i was wondering if i could put a court form in to stop this or something else?

Thanks

[dx100uk]

whats the debt all about?

dx

[morgan8080]

from a bathroom company - trade account for stock couldn't pay it all at the time

their solicitors took to court and we had a ccj and have been paying £50 a month back .

Missed a few payments but had brought up to date a couple of weeks ago ( had missed 2 months ) but in this time without warning they must have applied for a writ of control?

Ive been paying since 2020 not in any arrears but did make a few payments late

Can i put in a n245? think thats right

[dx100uk]

was this business in both your names and the judgement CCJ?

was  a personal guarantee signed, cause if the was not.........

ltd or sole trader?

was the registered business address your home address?

yes you can do an n245. 

 

[morgan8080]

not in both names only husband

not sure about a personal guarantee - i would need to ask for all paperwork. once n245 in and have time to request

home address is business address - was sole trader at time of trade account 

is an N245 best option? - will it give me enough time.

 

[morgan8080]

also - read this morning that - HCEO can enforce debts but not if regulated by CCA? and also that a sole trader is protected by CCA for business to business lending ( trade accounts )???

The High Court Enforcement Officer (known as the HCEO) is the preferred method of enforcement for the majority of County Court Judgments (CCJs). The HCEO is an employee of a private company licensed by the High Court to enforce debts with a value of over £600 (unless the debt is regulated by the Consumer Credit Act and under £25,000).

 

Protection under the Consumer Credit Act

If you operate as a sole trader you are also protected by the Consumer Credit Act, under which you count as an 'individual'. This applies to partnerships and unincorporated associations. The Act extends consumer credit regulation to business lending where the amount of the credit or hire agreement is £25,000 or less.

or does this not count as there is a CCJ and the company was fine to apply for writ of control in high court and employ services of HCEO?

but just read this..

High Court Enforcement Officers (HCEO) - HCEO's are authorised by the Ministry of Justice to execute High Court writs. They can seize and sell goods to cover the amount of a debt owed. They can also enforce and supervise the possession of a property and the return of goods. They replaced Sheriff's Officers in April 2004. Legislation relating the High Court Enforcement Officers includes the Sheriffs Act 1887 and the Courts Act 2003. The Sheriff's Office is still used as a trading name.

Unlike a County Court Bailiff, who is a civil servant, an HCEO is an Agent of the High Court appointed by the Ministry of Justice. To appoint an HCEO, the CCJ has to be transferred to the High Court, and a 'Writ of Control', formerly called a 'Writ of Fieri Facias', is issued. The debt must be over £600, and it cannot be one where judgment has previously been obtained for a debt owed under the Consumer Credit Act 1974.
 

[dx100uk]

put an N245 in anyway.

that why i asked about any pers guarantee. if he signed the agreement as a business and he did not sign a pers guarantee.....

dx 

 

[morgan8080]

will put n245 in

but what do you think about referencing the debt is covered under CCA1974 and should not be dealt with by HCEO?

The debt / judgement is under his name not any business name - well thats what the details online of the CCJ state

actually some correspondence says business name ( sole trader so still covered under cca) and some correspondence says name or some says both?

online under judgements which paid to see -  the CCJ is registered under his name

[dx100uk]

if its cca regulated cant use hceo.

dx

[morgan8080]

How do I approach this Monday then

do I inform the solicitors I’ve dealt with about CCA and shouldn’t be HCEO 

do I apply for n245 

[dx100uk]

just do the N245 it'll kill things nicely.

can we see this HCEO letter please

 

dx

 

[morgan8080]

let me know if its not clear enough ill take a picture again. 

Do i email the solicitor tomorrow too as they can call it off cant they? Yes ill put an n245 in. Do i reference anywhere about the debt being covered under CCA and HCEO shouldn't be used

 

IMG_3844-1redacted.pdf

Edited July 17, 2023 by brassnecked
redacted identifying case numbers (BN)

[dx100uk]

i wouldn't bother you have the upperhand.

just send the N245 to vary the payment to a VERY small amount £PCM. <£20

you have an agreement copy? then keep it handy eh?

dx

 

[morgan8080]

Why do I put reason to vary amount?

Do I include details of it being covered under cca on there ?

I don’t want it to be turned down.

Need to ensure it’s agreed and accepted and if the party we owe money to don’t know we know about the cca and that they shouldn’t use HCEO then they may say no to the amount. They obviously want the money back quicker as we’ve been paying what’s been agreed just late paying a few times 

don't have an agreement copy just a letter saying your account has been opened and terms and conditions 

i had called the solicitors on friday and he called just now left a message saying returning my call but when instructed HCEO was behind by £50 on payments and we had been warned that this could happen as they are able to instruct them at anytime. 

I just want to let him know HCEO shouldn't have been instructed on a debt under CCA - if i did this and the n245 they wouldn't be able to say no would they to my agreed payment?

The N245 doesnt really give anywhere to add extra details like this only ..

• The form will be sent to the claimant to consider your offer.

• The court will send you an order giving details of how and when to pay or will tell you when to come to court. You will be informed of the court’s decision.

[brassnecked]

Do as DX suggests don't engage in phone calls at moment you could put as part of reason for variation  that debt was  subject to CCA so use of HCEO should not have occurred as Fees  higher than a Court Bailiff as used for CCA debt

 

The HCEO hasn't visited yet have they? its a Compliance letter you have

[morgan8080]

no they havent visited ive included the letter further above.

 

on the n245 there didnt seem to be a space to write why wanted to vary the order or suspend action. I havent sent yet. I assume i print off send to the court and await how to pay the £14 unless theres a way to send electronically . Perhaps i could send a covering letter to show why wanted to vary and include details about CCA

[dx100uk]

N245 Applications: What are they?

If a defendant is unable to make the payments ordered by the judgment they can submit an application to ‘vary’ the court order.

They will need to complete form N245 ‘Application for suspension of a warrant and/or variation of an order’

. The N245 includes an income and expenditure and an offer of payment.

 

...................

i said dont contact the sols...

you dont need to inc the agreement is CCa regulated...let them find out andf waste their time and money on HCEO's they can never get back.

STOP PANICKING (as always)

..................

 

where is your proof the account IS covered by the CCA? 

..................

[morgan8080]

Hi yes n245 has all those details but no box / space to write an explanation at all?

would i write a covering letter as they obviously believe it is enforceable by HCEO and the court didnt check that the debt was valid to be enforced by HCEO??

so if the court or the solicitors arent aware then how they going to know be made aware if i dont reference it as i dont want it to be rejected and then the HCEO turn up and i am trying to say its not enforceable by them but they won't go and i should have already addressed this - they will just say they are acting on the writ they were given 

I contacted the solicitors friday as soon as letter came asking for a call back - havent engaged since only had a voicemail.

my proof is it is a trade account ..and i found out by accident that a sole trader is covered under CCA ? 

Protection under the Consumer Credit Act

If you operate as a sole trader you are also protected by the Consumer Credit Act, under which you count as an 'individual'. This applies to partnerships and unincorporated associations. The Act extends consumer credit regulation to business lending where the amount of the credit or hire agreement is £25,000 or less.

The Act does not apply to:

• limited companies
• limited liability partnerships
• individuals of 'high net worth' (as long as this is agreed in writing beforehand).

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court. The High Court is most likely to be used by creditors for claims over £100,000 for debts not regulated by the Consumer Credit Act 1974.

 

[Andyorch]

Simply attach a covering letter stating reason why they cant issue the writ using HCEO ...do you wish to also apply for a reduction in monthly payment ?

Was the £50 set by the court at the time of judgment or informal with the judgment claimant's solicitor ?

 

Andy.

 

.

[morgan8080]

The £50 a month i think was what we asked to pay and agreed by court

 

I dont necessarily need to lower it but i do want to stop enforcement action

[Andyorch]

Then just tick to suspend the enforcement along with your letter of reason IE Regulated Consumer Agreement debt.

[brassnecked]

You could ask to lower it anyway if it helps you going forward,  also   get the writ and the HCEO gone

[morgan8080]

Thanks so much , going to do now . Is it online or do you print the n245 off and send to court who issued the writ?

also it says on letter writ of control added through liverpool district registry - this is where i send my letter and n245 too isn't it

does this sound ok , will sort grammar out - or have i added too much and to keep it even briefer?

Dear Sir

Please find attached my N245 form for your consideration.

I felt it needed a covering letter due to the fact this debt to --------------- is covered under the Consumer Credit Act 1974 as I am a sole trader and covered under the protection of the Consumer Credit Act for this debt. This should not have been passed to HCEO.

I have been making the £50 payments since judgement date of 02 October 2020. There have been late payments at times due to covid and the nature of being self-employed, but all payments are up to date. The balance is significantly higher now than when given the CCJ due to fees and now compliance fees added by HCEO.

I am asking to suspend the warrant and I am asking to continue to pay the £50 a month which was agreed with the court when given the judgement.

As covered under CCA 1974 the Regulated Consumer Agreement debt.so the use and fees of HCEO should not have occurred.

sorry am really stuck as when i try get the address for Liverpool district registry ( written on letter ) - all that comes up is Liverpool District Probate Registry??? 

spoke to enforcement section at liverpool civil and family court to see what address the Liverpool District Registry would be and they said it would be your local court you would send a n245 form too and the HCEO  company must have made a mistake on the letter ( notice of enforcement )

Send or take your completed N245 application form to the county court hearing centre that sent the warrant to you.

You will have to pay your fee to the court when you give them the application, unless you don't have to pay on the grounds of hardship

I need help , i now have no idea where to send

[Andyorch]

I was just going to post the above 

[morgan8080]

I dont know the address - its really unclear? if you type in Liverpool district registry it comes up as a probate court , or theres the civil and family court? if i send to wrong place it causes a big delay .

also FYI to address .

Ive had interest added on since 2020? hence why debt is larger now

Statutory interest on judgment debts

A claimant is entitled to statutory interest on a money judgment for a debt that is:[2]

• more than £5,000

• not regulated by the Consumer Credit Act 1974

The claimant is not entitled to statutory interest on a money judgment if the defendant is up to date on the payments under an instalment order.[3] This means a defendant's application to vary a judgment to an instalment order can stop statutory interest from running on the debt. 

ALSO BELOW - i am confused ( this is off shelter website )

Writ of control issued by the High Court

The County Court cannot deal with an application to suspend a writ of control when they receive an application to vary a judgment. The defendant must make a separate application to the High Court to stay execution of the writ of control. 

A stay of execution means the enforcement of an order is put off to a specified date or until a specified event occurs. 

The defendant must make an application on form N244 to the High Court and pay the appropriate fee. They must submit a witness statement explaining the facts of the case and reason for their application. The witness statement must refer to a signed statement of income and expenditure which shows their financial situation.