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CCJ - past 6 years unpaid. Resurrected by Claimant

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  • CCJ - past 6 years unpaid. Resurrected by Claimant

    Hello. financial dispute from a past partner, in 2008, she filed for a county court claim in 2010.
    Rather than detail the "i said / she said, etc - I'll keep it as simple as possible.

    I disputed it completely. Disagreed with the evidence filed at the time 2010.
    I worked overseas, so she originally obtained judgement by default (£44,350.00).
    I successfully applied for set aside, in 2012, with details to consider a defence.
    Judge disagreed, and she obtained judgement in local court, with some costs.

    I realised that rather than butt heads, better to shut up, and do what i could to control the problem, rather than exacerbate it.
    She then slaughtered me using social media, friends, colleagues, business associates - (she sent a letter from a lawyer (she used) where the the lawyer asked her "do you want to ruin his life, or make it difficult". That, made earning a living not impossible, but occasionally caused a problem.

    I was financially questioned in 2013 and 2015, my income was too low to consider the realistic prospect of settling the disputed debt.
    She then submitted a bank action to seize a limited company funds, which failed, as the judgement was in my name, and I did not bank personally at the bank in question.

    I never paid a penny to the disputed debt.
    Because of my dire finances, I successfully applied in June 2016, to suspend all interest accrued on the debt.

    The debt passed a 6 year period in December 2016.

    I wrote a letter to the claimant in January 2017, which as usual, was not replied (she had a history of not replying, and any royal mail letters sent recorded, were generally, returned undelivered).
    I subsequently learn't that she had married in 2014, changed her surname, and residential address. She had tenants in her old address, so I assumed they were not passing mail onward, so I had no address to communicate. I explained to the court, that, communication was a problem, directly.

    In 2017 I contacted stepchange to discuss a CVA with other combined debts, and wrote again to the claimant, to advise the plan. I never heard anything, of the claimant, and stepchange, say the ability to apply for a CVA is compromised, as income is too low to be realistic. So, I simply have an established debt plan, directly with creditors, excluding this bad judgement.

    Yesterday (28.02.2018) I received a visit from 2 bailiffs who insisted they were from the High Court (High Court Enforcement Group) requesting immediate payment of £67,315.39 in person (they handed a letter, vague detail, and closer inspection, designed to scare, etc) said they'd come to seize goods. I explained I did not have the funds, they were not entering any home, and at that stage, the main one (other one remained silent) stated that as I'd declined entry i was committing a criminal offence. He would be sending off the warrant requesting forcible entry" and returning later this week .
    I told them that as a result of the court activity, I held no assets, or savings, and owned literally nothing. The home furniture was owned wholly by mum, who lives with me, and I'm now her registered carer (mum has parkinson's). He simply replied, unless she has full receipts for all goods in the flat, they would seize the lot. He also asked for my car details (i don't own one) when they reluctantly left, they checked the car park downstairs, - (sometimes neighbours use my spot when they have guests visiting, but i generally don't know when etc).

    I advised them of the discrepancies between the claimed sum, claimant details, and such, they were not interested, simply saying get in touch with the Bradford court.
    I suspect, that the claimant (issued the original claim via the mail centre online court service) although obviously the local courts, dealt with the case over the years.
    The local courts all closed down last year, although the claimant, used her local court to successfully apply for permission to continue pursuing the judgement.
    The court order dated December 2017 made no mention of time period, or interest applied. simply the original claimed debt.

    QUESTIONS>
    1. I'm concerned that the bailiffs will return when I am not home, and mum, could be scared by their conduct. (after the visit yesterday, she had a bad period of shaking and nerves, for several hours).
    2. Is the fact the amount of the debt has changed significant, if one judge suspended the interest, yet another made no provision in the order, to apply it.
    3. name of claimant - original judgement contained unmarried name, and old address. Never updated, now this judgement or action, again, the details are factually incorrect.
    4. has the claimant misrepresented the case to bailiffs - or the bailiffs been speculative?

    My plan is simply to try for a CVA - with stepchange or similar, failing that, I would consider filing for bankruptcy, as a last resort.
    Tags: None

  • #2
    HCE HIGH COURT ENFORCEMENT letter states:

    "IN THE HIGH COURT OF JUSTICE
    QUEENS BENCH DIVISION
    Bradford District Registry
    On Transfer from Bradford County Court
    Claim Number: ########

    VERY URGENT
    I have called today to remove assets to public auction as you have not responded to previous correspondence" (nothing ever heard of before)
    "REMOVAL OF ASSETS WILL NOW TAKE PLACE WITH OR WITHOUT YOUR PRESENCE AND WHERE NECESSARY AN APPLICATION WILL BE MADE TO THE COURT UNDER PARAGRAPH 15, SCHEDULE 12, TRIBUNAL COURTS AND ENFORCEMENT ACT 2007 FOR AUTHORITY TO ENTER YOUR PREMISES.
    ANY ADDITIONAL COURT COSTS AMD ATTENDANCE FEES WILL BE ADDED TO THE AMOUNT DUE UNDER THE WRIT"

    After this point, the letter tends to "fall away" to usual "to avoid this course of action" and "costs" etc.....

    Comment

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