Only found out had a ccj when i had an enforcement notice

[Help753]

Hi, need some help please. Had an enforcement notice through on a ccj that i didn't know i had and now they are asking for all of it by this friday even though i contacted them to try and explain.


Background history. We used a solicitor at the end of last year to help us get out of a farm tenancy as loads of problems. All supposed to have been done on insurance but there was just under 4k that we had to pay. They wanted us to pay 250 pm even though they knew we couldn't afford to pay that much. Did manage one month at 250 one month and 125 another. Then things got very tight and they sent pre court papers.

At this stage we were still having our post redirected to our temporary address. The solicitors had this address but didn't use it. At the same time that we received the pre court papers we had got a permanent address so when the papers were filled in, the new address was put on them. This was mid May of this year. We offered to pay 80 pm as that was what we could afford.


Didn't hear anything from them until an email in july requesting payment or firther action. Replied to say that didn't even know that our offer had been accepted. Eventually they apologised and said the offer was accepted. We didn't get a payment to them in july due to a large car bill. There was then another email to say that if payment wasnt made then further action would be taken as per letter. No letter attached or received. Email queried but no answer.


Payments made in August and September. Emailed mid September to ask if payment had been received, answer yes but nothing said about ccj. Then about 10 days ago we had an enforcement notice through the post stating that we hadn't paid a ccj. That notice was to our present address.


The details on it said that the high court writ date was 21st sept and judgement date 12th sept. We emailed the solicitors to ask what was going on and they responded eventually by stating that the paperwork for the ccj was sent in on 22nd aug and as we hadn't replied a judgement was made, then when they went to do the enforcement they found the new address.


Now we have a debt of 4.6k to pay by this friday as they wont accept a payment plan. Also the ladt 2 payments haven't been taken off and the enforcement agency said we need to take it up with the solicitors not them as they cant do anything about it.


What we need to know is if there is anything that we can do to get some compensation or what ever else is available. We dont contest that we owe the money but the solicitors are negligent with their record keeping as we had kept them up to date with our changes in address.

Sorry if this is long winded. Any help greatly appreciated

[Amethyst]

At the same time that we received the pre court papers we had got a permanent address so when the papers were filled in, the new address was put on them. This was mid May of this year.

That says to me they were informed of your new address before they issued the court claim on 22nd August and, it would appear, brought the claim at your old address, knowing you had moved, in the hope they would get a default judgment so they could enforce it against you... hence not mentioning the claim when in communication with you.

You will need to apply to set aside the Judgment. It certainly sounds like you have enough to get it set aside. They'd accepted your offer of £80 per month made in May but failed to inform you, by email or letter, they apologised and said it had been accepted ( was that in writing ) in July ( what date?) and you then made a payment in August ( again, what date?) - yet they issued a court claim ( which seems to have been their aim all along - which, as they are a solicitors, well, they should behave better )

So starting point for the set aside application N244 form, and ask on there to suspend the warrant ( is that what enforcement they have applied for ?) If you don't want to set aside the judgment you want to apply to the court to pay by instalments and suspend the warrant which is the N245 form.

Have they sent you a copy of their original claim?

Set Aside Application

[ploddertom]

I would hazard a guess that an admittance the debt was owed would result in a Set Aside application failing. The most important thing I see here is that an application needs to be made to Stay Execution of the Writ as I doubt the Solicitor would voluntarily ask them to desist as they then become responsible for any fees charged. I would also be asking the Court to rubber stamp the agreed monthly payment.

[Help753]

Amethyst
All we have are emails, no written letters.
The date was 16th July and the August payment was 23rd, the day after they say that the paperwork was put into court, and the September payment was 19th Sept.
No claim documents have been made available or sent to us, in fact i think the email saud that we werent entitled to a copy!
how long does it take to set aside a warrant as the firm have given us until this friday to pay or they take what they can

[Help753]

Plodderton
we had agreed a payment plan with the firm so yes we owed what was left on the invoice. What we are asking is where do we stand wuth their negligence ie, new address given to them but they chose to send all the paperwork to the address that they knew we had left as they helped us negotiate the terms of leaving! We were still making payments even though we hadn't contested the court papers, ( but then how could we as we had no idea that it had been done). None of the email correspondsence even stated this had happened, they just took the money knowing that a warrant notice had been accepted and that it would finally get to us as they had finally decided to us the correct address.

[ploddertom]

As said the most important thing you need to deal with is the Writ of Control the HCEO has. It does not matter what other applications you make as having a "live" Writ takes precedence over anything else and the HCEO can and will continue enforcement. If however they are enforcing at a residential address then they have no automatic power of entry and it would be unwise to let them in voluntarily but if you have anything of value outside - usually a motor vehicle then that is seriously at risk of being seized/removed & sold to help satisfy the Writ.

I assume when you say they are looking for payment this Friday they have already sent you a Notice of Enforcement. that is supposed to give you an opportunity to either pay in full or come to an agreement to pay. You will have been charged £90 for this. Even if you come to an agreement to pay by instalments the HCEO is commanded by the Writ to attend to see if there are assets that can be seized should you default - the fee for this will be £228 + 7.5% of any amount over £1000 + VAT - could potentially be another £324.

You can see how the fees go up quite steeply and there are further stages to go. This is why you need to Stay the Writ even on the grounds you cannot afford the fees demanded.