High Court Writ - Notice of Enforcement

[EddyEgg]

Hi,

Wasn't sure where to put this. But here goes. I will go through the whole story to present day.

Couple of years ago I got arrested(2016) and went to court. Offence doesn't matter but it went to the crown court and at the time I got legal aid. I wanted to plead guilty in magistrates but my lawyer advised against it saying he can review evidence and such. Case went to Crown court. My lawyer didn't turn up and my barrister didn't turn up. I ended up getting some random girl who didn't say anything the entire case and I just pleaded guilty anyway. Lawyer did not do a single thing in terms of reviewing any evidence. Anyway, it is what it is. After they reviewed they found me to having to pay costs of legal aid to the tune of about £1500. I had lost my job and could not pay so I ignored for awhile. I ended up engaging with the LAA and made a few payments, after awhile times were tough so I ended up skipping a few payments and then moving home. I was VERY bitter about the legal aid since I wouldn't of incurred costs if I would of pleaded guilty in magistrates but I wasn't aware of this until after the fact.

Skip to 2019. My parents received a high court writ from Marstons on behalf of the legal aid agency. A notice of enforcement. In the details it says Norwich combined court judgement and a claim number. It says it was made on January 2018 so over a year ago. Not sure what to make of this. Not sure why they sent it to my parents. I wasn't living here during my trail and it wasn't the address that my lawyer or the legal aid agency was contacting me on. How did they find this address?

They don't know where I live currently since I haven't received anything from them. And this letter to my parents is the first correspondence that I've ever had from them. I've checked my credit rating on all the credit sites I'm registered with and there is no CCJ on there.

So my question is, what to do? I can definitely not afford that sum. I'm currently unemployed but living with a nice girl I've met. I wouldn't want them to ruin this by turning up here. Not that they can take anything. Everything here was payed for by her prior to even meeting me I'm sure she can prove it via bank statements and such. However I don't exactly want my past coming out the closet. Generally end of the month I have a few quid left. So I wouldn't be able to afford more than a few pound a month if I were to set up instalments

It's been tough finding employment since being convicted. I do know that LAA was happy to accept £10 per month when I dealt with them but I highly doubt Marstons are going to be so chill about that.

Can I just ignore them since they don't know where I live? What is going to be the end outcome from this if I ignore?

Any options that I have here?

[efpom]

As you have now discovered, ignoring the issue does not make it go away. You are now the target of a High Court writ, a situation where the debt has in all probability doubled.

You are very unlikely to escape having to pay the amount of the debt, because, as the debt would seem to be a court order, the Limitation Act would not be in play.

The best you can hope for is coming to some arrangement with the Bailiff, to enter a payment plan, but it is certain that such a plan will not be at a tenner a month. Think in terms of, at least, £100 per month.

[EddyEgg]

Hi,

Yea there is a list of fees on the back that the bailiff will add. I understand that and I would pay but I can't afford it. I don't have a job and I'm not on benefits. I don't even have a bank account since the machine ate my card and the bank took me to court because of overdraft fees I couldn't afford to pay back and then finally closed my account.

So what else can i do in this situation?

Edit- I'm not entirely worried about them. I don't have a possession or penny to my name. Though I'd prefer them not to go to my parents and hassle. I also don't want them to somehow trace me to my girls address either. I don't want this going sour or I will really have no fixed address.

Any plays I have here?

[EddyEgg]

Anyone can help with some advice?

[jaguarsuk]

Well the first thing would be that if you don't live at your parents address they should be returning any mail to sender, that way anything that comes like this is batted back at the sender.

If you don't have a penny or possession you should just write back to that effect. I assume someone is supporting you, so they should provide a letter confirming that they feed and house you for free in their home where you arrived with no possessions.

[ploddertom]

Are you sure this is not a Capital Contribution Order? May be best if you can upload what you have received from Marstons - suitably redacted?

[EddyEgg]

Hi,

I've uploaded. Not a good picture. My dad just doesn't seem to be able to take a good picture. I'm not sure what it is. If it is a CCO or what. All I know is that I have NOT got a CCJ on my record, I've checked all credit sites that I'm registered too.

I've written to the Legal Aid agency directly. They told me to contact Marston as it is now with them.

Regards,

[Amethyst]

It is a notice of enforcement. If you don't sort out an arrangement then the fees will continue to increase until they try remove goods from your parents house. There is a claim number and date of the judgment made at Norwich Combined Court - so worth giving them a call and asking for the details of the case https://courttribunalfinder.service....d-court-centre - as the legal aid agency completely refused to give you any information at all.

ploddertom

[ploddertom]

Continuing from what Amethyst has said. It looks as if the LAA took you to Court in January 2018 and obtained a CCJ which they have now transferred up to the High Court for enforcement. You say there is nothing on your Credit History for this, sometimes not uncommon but the Court should have the details. What to do next is the problem, if you knew nothing about these proceedings then you could apply for Set Aside but the big problem is that if you did owe the sum involved it will be kicked out. The biggest thorn is the High Court Enforcement Agent, I would hazard a guess they are just trying their luck with your parents address hoping you do live there or they will forward it on to you - which is what appears to have happened. You will note a date on the letter by which you are supposed to make contact and if not then a visit will be made to your parents address - they do not have to answer the door, there is no right of forced entry and even if they do answer the door they are not obliged to pass on your present whereabouts. Providing you are sure they cannot trace you then eventually they will hand the Writ back to the LAA.

The Enforcement Co's do read these threads and I wouldn't be at all surprised they tell your parents you are aware so it would be easier to pass on your details. Tell them not to fall for anything they are told as most Enforcement Agents are tellers of tall tales & porkie pies. As you have not actually received the Notice of Enforcement then there is little they can do as only the goods of the debtor may be taken into control. There could be a suggestion they invite the Agent(s) into their home to disprove the fact you live there but this should only be done if there is nothing there at all of yours. They may make up to 3 or 4 trips if they disbelieve your parents hoping they will spring a trap for you to fall into - their normal working hours are 6am - 9pm 7 days per week excluding some Bank Holidays.

If on the other hand you want to come clean and deal with them there will be some hoops to go through including making further Court applications which could see you paying minimum payments to the LAA. The ball has to be in your Court.

[EddyEgg]

Hi,

Thanks for the help. I've checked there is definitely no CCJ at all. I will call the court tomorrow to check what exactly it is they have registered. I've emailed them and offered payment of £25 per month as it is the most I can afford. If they do not accept then I will wait until it gets passed back to the LAA. My parent won't answer the door. I've had a chat with him and he knows the play.

I can't see how they could register a CCJ against me. My name is common. How could they link it to the correct file? Especially since the address I was at I was not the tenant. I was just living there with another girl(my ex) I wasn't on the electoral role, paid no bills, there should be no record there of me living there. Just a name.

Once it goes back to the LAA though, I'll make the £25 offer again.

The debt is legit so no point in a set aside I think. Is there a shortcut to get it to go back to the LAA ASAP?

Regards,

[ploddertom]

Could it be they visited your ex and she gave them your parents address?

A couple of things you need to be aware of.

A Writ of Control lasts for 12 months but may be extended on request. The Enforcement Co's also read these threads to see what goes on.

[EddyEgg]

I've removed the earlier attachment. But technically the writ should of expired. Was taken in Jan 2018? It is coming up to 2 years now. What happens if it expires and they don't request renewal?

[ploddertom]

January 2018 is when the original claim was made, the Writ would have been a separate process and imagine that has been done recently.

[2222]

I don't know about the OP, but my kids left loads of stuff here when they moved out. None of it has any value. If I were the OP's parents I'd bag it all up and hand it to the enforcement agents.

[EddyEgg]

I phoned the court today and it is a contribution order taken out and instructed within the last few months. I've made an offer to the debt company and will await their reply. If they don't accept then the plan is to confront them on my parents door and get them to leave and do this until the debt is passed back to the legal aid.

I'm still curious is there anyway to wait this out? I.E if the debt gets passed back to the LAA and debt collectors can't collect then what option are they left with? Just sending letters forever instruct another company? Same happens again I.E collectors can't collect. What are the LAA left but to just keep sending letters or forget about it?