DCBL Stopping bailiff enforcement

[Guest]

small claims court ccj for £3500
had 2 visits from DCBL
just had a telphone hearing to set aside the writ of control and change order of payment to instalments.

The judge dismissed the case on grounds that the debt would not be paid in a timely manner and would not lift the writ of control as claiment entitled to enforce debt.

Is there anything i can do to stop bailiff enforcement.

i am currently unfit for work and of ill health.
i have no income.

many thanks in advance

[ploddertom]

What you should have done is gone for a Stay of Execution against the Writ. What instalment plan did you have in mind? Did you ever approach DCBL with this?

[Defcon1]

Thought i was logged in but posted as guest.
thanks for the reply.
yeah it all gets extra complicated for me as my health is poor, cognitively not as on the ball and Citizens Advice were not great.
i made offer of £10 as a token payment
not spoke with DCBL

Thanks

[ploddertom]

CA are not that good particularly when it comes to matters like this - only if you are in East London would you get any proper advice. I see why your payment proposal was refused if it was only £10 - you would have to go to at least £100 per month to make it viable. At a guess and knowing how DCBL work your CCJ + their costs will be best part of £5k now.

Is it possible you can give a quick rundown of what the debt was for? Are your health issues ongoing and are you receiving any ongoing treatment & if so who from - GP, Consultant or other medical professional? Have DCBL had access to your home?

[Defcon1]

i used to organise events / concerts and when i became unwell and was admitted to hospital for some time.
i canceled all events and refunded tickets etc
but some shows were contractual and some have gone down the small claims route as in this case.
i lost in default as was too unwell to attend hearing and was confusing what to do
i have ongoing gastrointestinal problems poss chrons / colorectal cancer.
also awaiting refferal to ent for throat cancer.
it appears my history of skin cancer may have metastases and spread but awaiting diagnosis.
also have ongoing spine issues with herniated disks and nerve compression and under physio and consultants.
i am working towards a definitive diagnosis but covid has effected outpatients appointments etc.

DCBL i have not engaged with them and no access as yet.

Thanks.

[ploddertom]

Thank you for that.

Was this just as a result of 1 show?
Do you trade from business premises or from home?
Was the Court you applied to local to you & was the Hearing in person or over the phone/by video?

If DCBL have already made 2 visits then they will probably only make another 2 visits before handing the Writ back to the Claimant. If this does happen then the Claimant is still permitted to use another HCEO Co or use another method of enforcement. I think for now it may be best to sit it out.

[Defcon1]

it was two shows for later that year but under one claim.
it was a venue i used to put on events.
acted as an individual contractually.

court was semi local hearing (pre covid)
i had issues with my morphine and gastrointestinal problems on the day of the hearing so just notifed before.
but i guess its proving it etc as never thought to see my gp on the day etc.

i think im limited untill i have a diagnosis i can maybe present to the courts asking for time
as my circumstances are unlikely to change until i see improvements with my health.

i may just have to ride it out until then.

thanks again.

[ploddertom]

I agree wholeheartedly with you as to a proper diagnosis but even now you should still be classed as vulnerable and they should be hanging fire until you and your situation improve - if at all. If they are not aware of your circumstances then it may pay to let them know. They are not medically trained so they cannot pass judgement on you because of it. Have they ever asked you for an income & expenditure breakdown. I also assume you qualify for fee remission for any Court fees.

[Defcon1]

I did mention it at the hearing today as to a reason i have no income etc the judge did sympathise with my postion but had to dismiss the case (as mentioned above)
i may inform DCBL in regards to vulnerability.

my wife only works part time so eligible for court fee remission.

Thanks i appreciate your input on this.

[ploddertom]

Let's wait and see what happens for now. Remember that regardless of anything they may say they cannot force entry. They may use the excuse they can if you work from home but they are telling porkies. Even if they did get in then the majority of household items are exempt from seizure. It is more important you get your health sorted out and if you visit https://healthunlocked.com/ you may find a section of people in similar circumstances.

[Defcon1]

Had a visit from DCBL today, Full on aggressive approach saying there going to gain entry etc
after a heated debate through the window
i decided to show there is no assets at my address
and let one bailiff in to document no assets.
said it will be reported and returned to the courts.
(What does that mean ?)

i think what annoys me is the outright misinformation and lies they say to intimidate
even to the point borderline impersonating of an police officer in there clothing.

luckily it does not really bother me but for those who are not savvy its a over the top.

[ploddertom]

I assume they did not leave you any paperwork.

[ploddertom]

It isn't reported to the Court. All that happens is they return the Writ to the Claimant as unenforceable/uncollectable. They also forfeit their fees. The Claimant can employ another HCEO to see if they can make any progress. They could choose another method of enforcement but I would guess all except one would fail for one reason or another. The one that may succeed could actually benefit you as they may choose to summons you for questioning as to why it has gone unpaid. The ball for now is in their court but do keep an eye on the post.

[Defcon1]

No paperwork was left
it was quite an abrupt visit.
i think once there saw there was no vehicles they lost interest

[ploddertom]

Pleased it went well for you, I asked about paperwork in case they decide to spring the "we have taken control of goods" line.