Andrew Wilson bailiff letter

[xxlisacbxx]

Hi I need some help please.
I received a notice of enforcement. To cut a Long story short my vets have issued a ccj. I received a letter telling me to go online and fill out the form from the court however stupidly read it wrong and missed the deadline. I then received a demand for payment in full and spoke with the vet to set up an arrangement. This was ok until last month I had a terrible time and missed the payment.
The vet instructed a debt management team (who I had no idea were involved) to escalate which resulted in a letter today regarding high court enforcement!
The total on the form is different to the total the debt management team had and I have until the 3rd October to pay just short of 2600.
I have spoken to the court in Northampton who cannot help and the enforcement team who basically said tough.
I want to make an offer but they won't allow it and someone will visit after the 3rd which will incur more costs.
I CANNOT have a bailiff banging on my door due to 1 of my children (to keep it brief). I told the enforcement office this but they insisted the bailiff will have tact. I doubt that.
I understand I can fill some forms out but I do not have a clue where to start or what to put.
is anyone able to help please?

[ploddertom]

Your details are a bit sketchy.

When was the CCJ issued and for how much? Who are the Debt Management Team & how much were they looking for you to pay?
When did you receive the Notice of Enforcement & what date have they given for you to make payment/contact?
You say they won't accept an arrangement - how much did you offer and who to?

You can apply of a Stay of Execution against the Writ - Form N244, cost £255 unless on certain Benefits or low wage when fee remission may be possible.

[xxlisacbxx]

Sorry for being vague.
ok so it is as follows:
The debt was with a local vets issued on 26/10/18 for £2456.
I defaulted (but had made some payments which i need to double check) andthey applied for money claim against me. As I said missed the deadline so was issued with a ccj for £2303 totalling £2408 including fees on 28/05/19.
I spoke with the vets who wouldn't accept less than £200 a month and stupidly defaulted as I couldn't afford it. I had made some small payments though.
I received the enforcement letter dated 23/09/19 for £2526 with a fee making the total £2618. Giving me until the 3rd October to pay.

As soon as I received this I rang the vets who told me I needed to speak to the company dealing with it (waters and gate) who I had never been informed of.
I called them and they agreed to set up a plan for £70 a month and it would stop action. I asked if that would be ok as the enforcement letter wasn't from them. They then told me they can no longer discuss it with me and I have to speak to Andrew Wilson. I don't have the figure to hand but when I enquired how much the debt was I was told £2400 ish.
As I said Andrew Wilson will not help and will only send a bailiff out after the date stated.

I hope this clears it up

[xxlisacbxx]

Just to add I tried speaking with the vet today to find out how much I've paid in total and they refuse to tell me or speak with me and neither will the debt management company! Also Andrew Wilsonndo not have the information!

[ploddertom]

Quite mysterious, I've never come across action such as this. Waters & Gate seem to be little more than Debt Collectors and should have no dealings with this, unless of course the vets put it in their hands first.

What normally happens is that when a CCJ is granted & it is over £600 then the Claimant has the right to transfer it to the High Court for enforcement purposes only. The HCEO is correct in issuing a Notice of Enforcement to you - this carries a cost of £90 inc VAT. It must give you 7 clear days not including Sundays/Bank Holidays in which to pay or make contact with suggestions as to payment. Without seeing the actual letter I would suggest it is in order and the date given - 3 October - is correct.

If you do not make contact or if you ask for a payment arrangement then the Writ commands the HCEO or his appointed Agent to visit you to determine if there are goods that could be either seized or sold to satisfy the debt, this is known as the 1st Enforcement Fee - £235 inc VAT + 7.5% for any debt remaining over £1000. This why no decision will be made without a visit. If your proposal is accepted then fine if not they will move on to the next stage which is the 2nd Enforcement Fee. As you can see the fees increase quite dramatically.

I assume you have no argument about the original debt. As said you can apply for a Stay but need to get this under way ASAP as time is of the essence. Yes, I can help with the forms if necessary. Do you know where your nearest County Court is?

[xxlisacbxx]

Thank you for your advice. Luton is the closest I believe however the forms came from Northampton.
Are the debt management company within their right and also the vet to refuse to talk to me? I asked waters and gate for all the information they hold on me and they declined.

[ploddertom]

Thank you for your advice. Luton is the closest I believe however the forms came from Northampton.
Are the debt management company within their right and also the vet to refuse to talk to me? I asked waters and gate for all the information they hold on me and they declined.

Personally I would not speak to the Debt Collectors - my cat has more powers than them. However you could serve a Subject Access Request on them for all the info they hold - suspect it won't be a lot. It doesn't cost anything to do now and they have 30 days in which to comply.

The probable reason the vet won't talk to you is because they think they will be breaking their contract with Andrew Wilson. You could also serve a Subject Access Request on them as well - might as well make them work for their money if they are being awkward. Andrew Wilson will have no idea of what you have paid.

Luton County Court acts as a District Registry of the High Court so can deal with an application for a Stay. I note you mention 1 of your children - is this because they have an illness or similar that could affect them with strangers calling - please don't go into specifics ass this is an open forum that anyone can read, just a broad outline is enough.

[xxlisacbxx]

Oh thank you for all your help. Yes with 1 of my children it will impact her if she is home. So what do I need to do ?

[ploddertom]

You need to have a look at Form N244 which is the application form. Also look at Form EX160 which is the form to fill in if you may be entitled to fee remission because of low wage or certain Benefits. The EX160 is quite straightforward but the N244 needs a little more thought but I do have a guide for that one. You will need some grounds on which to apply for the Stay and that should start with being unable to pay the fees demanded, there are others which we can come to later.

Once all is filled in then the forms are best taken in person to the Court where you can explain it is for an urgent application and in many cases will be heard there and then - albeit a temporary measure pending a fuller hearing at a later date. You can look at the forms online - just type N244 into Google and do the same for the EX160.

[xxlisacbxx]

Thank you for your help. I will get the forms. Should I reply here or send you a message once I have got them?

[xxlisacbxx]

Also can I ask, is it the n244 or the n245? Looking on Google 1 is the offer of a repayment plan the other is to dispute the debt?

[ploddertom]

Form N244 is the form required to ask for a Stay of Execution against the Writ the HCEO has. It is a general purpose application form used when there is no specific form otherwise. The cost of an application is normally£255.

Form N245 is a form that has a dual use. If you have been visited by the County Court Bailiff you may apply to Suspend the Warrant they have. Its other use is to apply for a Variation Order whereby you can ask the Court to endorse a payment arrangement to your Claimant.

Please note that when a High Court Writ is live and being enforced then the only way to halt the process is to apply for a Stay of Execution against the Writ. The HCEO will only stop if the Writ has actually been stayed. Many people think it is purely sufficient to make an application - this is incorrect - the Writ takes precedence over any other process from the County Court. Even solicitors come a cropper over this as it is not something they deal with regularly.

[xxlisacbxx]

I've sent you a message but I'm not sure if it and sent

[xxlisacbxx]

Andrew Wilson have been In touch and put my offer to the vets. If they don't accept it can I still apply for n244 form or is it too late?

[ploddertom]

Andrew Wilson have been In touch and put my offer to the vets. If they don't accept it can I still apply for n244 form or is it too late?

I would still be making an application to Stay the Writ and get a Court agreed payment plan. If they accept your offer as it stands the HCEO will still still collect payment but may take up to 40% of each payment to saisfy their fees, means you may only be paying a pittance off the debt and could be paying for 5 or 6 years or more. Even if you default by as much as 1 day may see the agreement cancelled and become payable in full.