Andrew Wilson & Co - HELP PLEASE URGENT!

[jdpm]

Hi,

Ill keep this short.

I received a CCJ less than a month ago and last week i was sent a letter from Andrew Wilson & Co stating i must pay £900 odd by Wednesday 13th 17:00.

Obviously very nervous decided to research only to find that an enforcement officer visit adds around £500 to the debt taking this upto £1400.

As a result i contacted the creditor (iwoca) to ask whether i could make three payments over three months to (1) prevent further fees (2) to ensure no items were removed from my house.

All correspondence has been by emailed anyway the creditor agreed and said his solicitors (shoosmiths) will be in contact Monday 11th Feb to make arrangements (phew...or i thought) received an email from their creditors solicitors stating agreement can be made however this has to be done with enforcement officer (Andrew Wilson).

I contacted by phone today stating i had email confirming i can setup three monthly payments however they stated on the phone that its tough - if payment isnt made by 17:00 tomorrow (Wed 13th) then enforcement officer will visit increasing my cost by £500.

Surely if the creditor and their solicitor agrees to the monthly payment that the enforcement officer shouldnt need to come to me costing me £500??? and more concerned that they wont do monthly payment and will want full payment of items from my house??

Please someone let me know where i stand with this?

Thanks

[Kafka]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

What did the judgement say about the terms or repayment? Was it just 'forthwith'?

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

There wasnt any terms - CCJ was given however i didnt return any forms back to court etc. next letter i received is called Notice of Enforcement detailing how much i owe etc - no visit has been made yet however if i dont make payment by 17:00 then enforcement officer could be with me within the week.

As a result of having this letter i contacted the creditor direct to arrange monthly payment to avoid such a visit and its ridiculous costs.

thanks for your assistance

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

letter says if i dont pay full amount the goods can be taken. the action of seizure is called 'taking control of goods'

contact andrew wilson direct asking to make arrangement and they said no which is why i contacted creditor direct

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

When you say, "I didn't return any forms back to court etc..." are you saying you did nothing, didn't return anything, didn't turn up to court, so what is known as a 'default judgment' was awarded?

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

that would unfortunately be correct - its my first ccj.

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

You need to complete this:

http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

The notes for completing it are at the bottom of the form. This should get the action stayed.

Once you've done this, come back and post up for guidance on completing an I&E form to take next time and further forms to complete.

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Isnt this too late? by the time this is even seen by the courts etc the enforcement officer will have already visited increasing the debt?

[ploddertom]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

What was the debt for? What has happened is part of your own doing unfortunately. As you did not acknowledge or return any documentation you had the CCJ awarded against you by Default. As you then have not paid & the debt is for more than £600 the Creditor has transferred it to the High Court for enforcement which is where you find yourself now. The Creditor or his representative will refuse to take payments directly from you as they will then become liable for the fees of the HCEO. All is not lost however but you must work quickly to take things in hand. You need to make 2 applications to the Court of which one is more important than the other.

1 - apply for a Variation Order - cost £45 unless on certain Benefits or low wage where the fees may be waived You apply for this on Form N245 and it includes I&E and if granted sets out how much you have to pay at regular intervals to your Creditor. The form must be returned to the Court where the CCJ was awarded. If fee remission is possible you will need Form EX160a & EX160c.

2 - the most important application is for a Stay of Execution that if granted halts the HCEO & his charges. The cost of this application is £80 and again Fee Remission is possible. The grounds you apply on are:
a - you cannot afford the fees demanded
b - the HCEO is threatening to come & remove goods for sale despite there being no valid Seizure
c - pending determination of a Variation Order
For this you need Form N244 - all forms available from HMCTS website. This application needs to be returned to the High Court or a County Court that acts as a District Registry.

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

What was the debt for? What has happened is part of your own doing unfortunately. As you did not acknowledge or return any documentation you had the CCJ awarded against you by Default. As you then have not paid & the debt is for more than £600 the Creditor has transferred it to the High Court for enforcement which is where you find yourself now. The Creditor or his representative will refuse to take payments directly from you as they will then become liable for the fees of the HCEO. All is not lost however but you must work quickly to take things in hand. You need to make 2 applications to the Court of which one is more important than the other.

1 - apply for a Variation Order - cost £45 unless on certain Benefits or low wage where the fees may be waived You apply for this on Form N245 and it includes I&E and if granted sets out how much you have to pay at regular intervals to your Creditor. The form must be returned to the Court where the CCJ was awarded. If fee remission is possible you will need Form EX160a & EX160c.

2 - the most important application is for a Stay of Execution that if granted halts the HCEO & his charges. The cost of this application is £80 and again Fee Remission is possible. The grounds you apply on are:
a - you cannot afford the fees demanded
b - the HCEO is threatening to come & remove goods for sale despite there being no valid Seizure
c - pending determination of a Variation Order
For this you need Form N244 - all forms available from HMCTS website. This application needs to be returned to the High Court or a County Court that acts as a District Registry.

Form N244 linked above!

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Follow links 5 and 6 here:

http://www.legalbeagles.info/forums/...1-Useful-Links

for the other two forms N245 and Ex160

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Hi Both,

Thanks for your help - can i clarify...

is the N244 the most important one first to stop the HCEO and his charges - where do i send the N244 - local high court and Northampton (issued). Is the N244 a instant application with the courts or is it a timely process?

Thanks

[labman]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

N244 most important first to stop enforcement action. Notes on bottom will tell you what to do. Enforcement action is, I believe, suspended immediately.

[jdpm]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Thanks - i take it the application is not guaranteed so the court could refuse it

[ploddertom]

Re: Andrew Wilson & Co - HELP PLEASE URGENT!

Hi Both,

Thanks for your help - can i clarify...

is the N244 the most important one first to stop the HCEO and his charges - where do i send the N244 - local high court and Northampton (issued). Is the N244 a instant application with the courts or is it a timely process?

Thanks

The N244 should be taken to the High Court in London or alternatively to a local County Court that also acts as a District Registry of the High Court - Google "court addresses" and search for one there. Best advice I can give you is to try and use one of the bigger inner city Courts as they are more used to dealing with these. Tha application is best taken in person on a morning, when passing it over you explain the urgency of the application and ask if it can be dealt on that basis. A Judge can be found who will hear the application immediately, if granted you must notify the HCEO ASAP by phone and be prepared to tell them which Court, which Judge & if there are any exceptions given. Once you get the paperwork also forward that, do not trust others to do it for you. My local Court actually issues the paperwork within 30 minutes so worth asking how long. Also a good idea to take copy of the Variation Application and copy of I&E that may prove you cannot afford the fees.