Wages overpayment CCJ - Now HCEO's at my door

[spurious]

I've been contacted by 'Andrew Wilson & Co' who have been commissioned to enforce a CCJ that has been elevated to the high court for enforcement. This typically means the creditor involved has obtained a warrant of execution (in laymans terms, the bailiffs are coming). These bailiffs are scary though - because they are authorised by the high court, they don't have to issue warning letters and the costs involved can be considerably higher.

 

The CCJ itself was issued against an address that I can prove I was not living in at the time. I have bank statements and a tenancy agreement that show I was living somewhere else. As such, I am going to apply for the judgement to be set aside using form N244, then pay the thing before they can take it to court again (hopefully it'll be less to pay as well, given the amount they're trying to collect at the moment will have court costs and enforcement fees included).

 

Am I going about it in the right way?

 

Is there anything else I need to do because it's gone to the High Court?

[make them aktiv runners]

I put something on the other thread. Have you checked out their website as their fees are listed to some extent?

 

I agree to get it set aside. May be an idea to set it aside and come to some repayment arrangements with them. That way they are less likely to get another CCJ.

[Rob S]

You have good grounds for applying for the judgement to be set aside. The fact it has gone so far with regards to the warrant of execution is immaterial.

[powelll]

..

[powelll]

Sorry - I meant to add this link below - There is a section of advice on applying for a 'stay of execution' in the High Court which you should find useful:

 

National Debtline England & Wales | Debt Advice | Factsheet 31 Dealing With Debts In The High Court

[sequenci]

You have good grounds for applying for the judgement to be set aside. The fact it has gone so far with regards to the warrant of execution is immaterial.

 

I would agree, especially if you can prove that you were living elsewhere.

[spurious]

Thanks for the advice. I've faxed my N244 form across to the County Court today. The fee is £65, but I'll get a reduction in the debt of over £700 thanks to the ridiculous fees they've added on, plus the threat of bailiffs will disappear.

 

Does anyone think it likely they'll take it back to court again immediately, or is there a chance of agreeing monthly instalments to avoid that?

[powelll]

It's difficult to say... what was the original debt actually for and what was the amount owed? What kind of instalment are you offering?

[spurious]

The original debt was for just over £1,500 and is an overpayment for previous employment.

 

I indicated on my N244 that I'd be able to pay it in full because I've been advised that there's a good chance of success if you say that. So if it comes to it, I will just pay it all off, but if I can negotiate monthly payments, that would be preferable.

[Despair Bear]

[EDIT]. Any reports on dealings with this bailiff will be welcomed. He works for Sherrifs High Court Enforcement with offices in Croydon and Northampton. Apparently his superior is [EDIT]

 

Does anyone know of these two men ? Please report on your dealings with them and their Company. Has anyone ever worked for their Company ? Can anyone advise on how they train their Bailiffs particularly in the Vehicle Clamping techniques

Edited April 10, 2009 by Despair Bear
Incomplete

[j1paz]

I am dealing with Sherforce Enforcement officers and they will not accept monthly payments and are threatening to remove my car from outside. I have never spoken to them or allowed them access to my premises. The original Debt is for £1600 with Southern water and Sherforce have added an additional £1500 in charges over a month.

 

What can I do to stop them from taking the car and adding additional charges since now I have been in touch and they have refused to take installments

[wonkeydonkey]

Start new thread with this and then you will get the attention of a few others who are/have had dealings with sherforce., at the moment your thread is not getting veiwed as its tucked in with another.

[wonkeydonkey]

I have asked LFB to take a Look at this and I will pop back later to see if you have gained attention.

 

wd

[j1paz]

ok I will start it in it's own thread as I have updates

[sequenci]

I am dealing with Sherforce Enforcement officers and they will not accept monthly payments and are threatening to remove my car from outside. I have never spoken to them or allowed them access to my premises. The original Debt is for £1600 with Southern water and Sherforce have added an additional £1500 in charges over a month.

 

What can I do to stop them from taking the car and adding additional charges since now I have been in touch and they have refused to take installments

 

Can I just check that you've not signed anything?

[Trev22]

Hi there

I am in a situation when high court bailiffs are after my partner i live with, she doesnt own much (no antiques or any savinsg really, no car-car belongs to me) and i dont owe anything to anyone nor have any judgements against me, but this situation is very worrying to me as ive heard they dont care and take anything they like and there is for you to prove you own the stuff, and of course i am not keeping receipts for all the stuff that belongs to me

It is high court enforcement, could someone give me a hint of how to protect myself from this, splitting up is not an option, living like hermit for six years and dont answer the door bell doesnt sound good either, is it better for her to just go bankrupt so i can stay away from all this?

Appreciate your time

[seanamarts]

Hi Trev. It would really help if you started a thread of your own, Just tap the 'new thread' tab.. It will get more attention that way. Welcome to CAG

[Trev22]

Hi Trev. It would really help if you started a thread of your own, Just tap the 'new thread' tab.. It will get more attention that way. Welcome to CAG

 

Thank you, will do

[spurious]

I have been fighting a sum it is incorrectly alleged I owe to a small loans company through my local court for about two years. This is the second time it has gone to court. On the first occasion, I successfully defended the case. I then lost contact with the creditor and court, and today have received a 'Request for Statement of Earnings' letter via the court, which they say is in respect of an application for an attachment of earnings.

 

I assume, reading between the lines, that the matter has since gone back to the court and the creditor has managed to convince them to make a judgement against me. They're now attempting to take money from me via my earnings.

 

I have a couple of questions:

 

1. Does a request of this nature indicate that the CCJ has been made? I will phone the court (if I manage to get through) shortly to find out, but am wondering if a creditor could request this prior to judgement, or in the event the judgement isn't favourable to them?

 

2. If the CCJ has been made against me, I want to challenge it. Would doing so stay the process for the application of attachment to earnings?

 

3. Is there a way around this matter (i.e. contacting the court directly with an income and expenditure and requesting a instalment plan)?

 

4. The request for SoE indicates that the court doesn't know if I'm employed to where the letter was sent or not (it wasn't addressed to me, I just luckily intercepted it before anyone else saw it). If the request was ignored, would that stop the attachment of earnings from being able to proceed?

 

 

Many thanks in advance for any help!

[spurious]

An update on this, having phoned the court:

 

- The court official advised me to submit form N244 to formally apply for the judgement to be set aside and stay action on the matter until this has been considered. That should stop the AoE application and any bailiff action. I guess I'd just issue the bailiff with a copy should they turn up? I was informed that if no response is received to the Request for Statement of Earnings letter from my employer, a bailiff would be instructed to serve it on someone directly. Obviously I don't want bailiffs turning up at my workplace, but he said that can take a few weeks to happen so the N244 should stop that, until it is assessed.

 

I won't be able to issue the N244 until the end of the month when I'm paid, but the court person said that sounds like it would fall before the bailiff would come knocking, so I think I've bought myself some time here. I hope I can request the £80 fee for the N244 back if it is judged favourably.

[MettaRising]

[EDIT] Any reports on dealings with this bailiff will be welcomed. He works for Sherrifs High Court Enforcement with offices in Croydon and Northampton. Apparently his superior is Peter Watt.

 

Does anyone know of these two men ? Please report on your dealings with them and their Company. Has anyone ever worked for their Company ? Can anyone advise on how they train their Bailiffs particularly in the Vehicle Clamping techniques

 

Hi,

 

Yes this bailiff came onto our property (business not residential) and when he was refused entry assaulted me and punched my father (age 65) squarely in the face. When wrestled from the property the police arrived suspiciously quickly (within ten minutes in the middle of countryside miles from anywhere) and arrested both myself and my father.

 

Extremely suspicious, I believe this police officer and bailiff knew one another. A bit of online research shows the bailiff has a history of getting into physical confrontations. Am looking to see how he can be relieved of his duty as he is in clear breach of protocol.

 

Any further info appreciated.

Edited May 20, 2013 by seanamarts
Bailiff named removed.

[seanamarts]

MettaRising

 

Can you please start a new thread, it may also help if you can give some more info with regards to your problem.

[peterlavery]

Hi Mettarising

 

This situation you describe with this man happened to me in exactly the same way. I believe he was in collaberation with a police officer who arrived within minutes. I am 65 and was punchedin the face. He had a head cam. We need to speak.

[ploddertom]

Hi Mettarising

 

This situation you describe with this man happened to me in exactly the same way. I believe he was in collaberation with a police officer who arrived within minutes. I am 65 and was punchedin the face. He had a head cam. We need to speak.

 

Would be best if you can start your own thread and we will see if there is anything we can help with.

[HCEOs]

Hi Mettarising

 

This situation you describe with this man happened to me in exactly the same way. I believe he was in collaberation with a police officer who arrived within minutes. I am 65 and was punchedin the face. He had a head cam. We need to speak.

 

As both you and Metarising are father and son, live at the same property and were arrested for assault when the Police saw the video evidence I'm sure you can speak in person...