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Enforcement of CCJ Advise ASAP please

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  • Enforcement of CCJ Advise ASAP please

    Long story with Restons Solicitors.

    This is in relation to a CCJ.
    Debt is £427 original with Cabot (JD Williams)
    I gave an offer of £10 a month, in which they denied, and even though the figures said there was £10 the court set it at £40. Restons won't talk to me or change it as they "stick by the court's decision". The payment due date has gone and they applied for a warrant of execution. I submitted an N245 for variation of an offer and suspension of a warrant (I had help with fees), which I have heard nothing about. It has now been nearly 14 days since I sent an N245 in and the bailiff was suppose to visit 2 days ago in which they didn't.

    Am I correct in the following that they have no means of collection the debt if:
    1) The debt can't go to high court as it is under £600.
    2) If I don't let the county court bailiff in they can't do anything (I have no exterior assets except my Mothers car which we have proof that she brought it in an invoice from 2008).
    3) I have 2 attachments of earnings already and you can only have 2.
    4) My bank account is held abroad, but I have access to it over here and can take money out so they can't do any of the enforcement methods?

    What should I do now? Just leave it or wait to hear from the courts or Restons as they said on the phone they won't cancel the warrant without full payment or a £100 installment PER MONTH!!!

    CAB were the one who advised me to do an N245 AFTER getting the court setting it at £40. Is this correct? Restons now keep ringing me every day saying how this man is going to take all my childrens clothes and make my life hell and I recorded the phone call which they now say is illegal as they didn't give permission.

    ANY ADVICE PLEASE ASAP
    Tags: None

  • #2
    Re: Enforcement of CCJ Advise ASAP please

    I would contact the court to check on the status of the N245.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    • #3
      Re: Enforcement of CCJ Advise ASAP please

      The N245 should have put the execution on hold ( suspended ) while your N245 redetermination is looked at. If you put it in 2 weeks ago it might be worth giving the court a call and asking what's happening with it.

      If Restons are doing this
      Restons now keep ringing me every day saying how this man is going to take all my childrens clothes and make my life hell
      Then you should make a complaint to the FCA as this is totally against the rules on debt collection.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Enforcement of CCJ Advise ASAP please

        And report them to the SRA along with a copy of the voice recording too.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Re: Enforcement of CCJ Advise ASAP please

          Thanks all. I am guessing they are shut Monday due to Bank hoilday, so will call Tuesday. Rang Restons up today and they have said they held the warrant till they got further instructions from the court. They advised me they have recieved a copy of the N245 and they "can't share any further information till it was "carefully reviewed". They said why the previous one was declined in the first place and apparently it was because I spend too much money on "contract bills and priority arrears " even though I can't get out of them as this would create more CCJ's.

          Regardless when I asked if they would accept the offer they said it would have to be "carefully reviewed" but then told me if it is denied they are looking into other means of collecting the debt as I said a ballift can't force entry. One method they suggested was a charging order. I live in a council house that is through the housing association so I would love to see this one!

          I told them about the FCA/ SRA and they said that it is an invalid complaint due to the fact they ain't regulated or something. They told me if I'm that bothered to seek "legal advise".

          I'll keep everyone updated and if I need any more advise I'm sure you can all help. Thanks for being here!

          Comment


          • #6
            Re: Enforcement of CCJ Advise ASAP please

            A covert recording is not illegal if it is for the detection or prevention of crime,the allocation of a call to the correct cost centre. In future simply respond to their , this call may be recorded with "likewise ," you will then have informed them you are recording.

            Comment


            • #7
              Re: Enforcement of CCJ Advise ASAP please

              Can I ask about your other debts - 2 attachment of earnings must leave you very short of money. What other sorts of debts do you have?

              Comment


              • #8
                Re: Enforcement of CCJ Advise ASAP please

                Originally posted by Debt Camel View Post
                Can I ask about your other debts - 2 attachment of earnings must leave you very short of money. What other sorts of debts do you have?
                They are just above the protected amount sadly. Like by £1.
                One is from the council from council tax 2 years ago which I have asked multiple times to be grouped together with this years one and to pay off each it all in a lump per month by April 16 by they said it couldn't be done.
                The other debts are all with Cabot, and lowell. The lowell is from a £200 loan that I couldn't afford years ago. For some reason is it now at £4000 through Morton and Clarke solicitors who are quite happy with £5 a month but Restons won't accept £15 a month for a £400 debt that was with another JD williams back in 2011.
                Yes it does leave us rather short and barely liveable (have to buy value food all the time, and most of my bills are in debt.)

                In total there are around 5 CCJ's, including this one, but I got a letter from Restons last week saying they had another case about a loan I have no idea about from September 2010 were it defaulted. They said they are gonna do a CCJ if not paid on the 23th Sept, one day before S/B.. Hopefully they are late.

                Most of them have done warrants before and I have just ignored the door and they tried other things. Most of them now have no options to get money (One wrote to me saying they had my correct bank details and were going to apply for a TPDO, so I swapped to a French bank...). They applied for it and got no where. I get help through the courts with funding etc but its just to hard by myself to do. There is nothing else they can do. They threatened to make me bankrupt, but I said if you do look out for my own solicitors so they said they were gonna leave it.

                Comment


                • #9
                  Re: Enforcement of CCJ Advise ASAP please

                  Have you considered a Debt Relief Order? Overview here http://debtcamel.co.uk/debt-options/...relief-orders/.

                  If you are eligible, it would get rid of all your debts and give you a clean start with no deductions from your earnings and no CCJs.

                  If you think it's a possibility I suggest calling National Debtline who can look at your eligibility and set one up.

                  Comment


                  • #10
                    Re: Enforcement of CCJ Advise ASAP please

                    Hi all! Yesterday I received a letter saying:
                    "DEAR ALL PARTIES",
                    Due to the fact a N245 form has been submitted the claim has been transferred to the defendants nearest county court (NAME COUNTY COURT)
                    You will soon receive a letter about the time, date and location of the re-determination hearing....
                    What happens if I can't attend the hearing due to time? Can I be arrested? Can I give evidence on my behalf? Advise please. I was NEVER informed there would need to be a hearing? Nothing from restons...

                    Comment


                    • #11
                      Re: Enforcement of CCJ Advise ASAP please

                      Hi guys.
                      I have not paid anything.
                      Not heard from ANYONE. Not a single person.
                      Payment was due 12 days ago. What should I do now?

                      Comment


                      • #12
                        Re: Enforcement of CCJ Advise ASAP please

                        As you have applied for redetermination the enforcement of the judgment will be on hold. Give the court a call if you are worried about your application but otherwise it is just a matter of waiting for the court to come back to you. Usually takes a good couple of weeks after they send it to your local court.

                        And no you won't be arrested - this is a civil debt isn't it - the one brought by Restons ?
                        Restons won't accept £15 a month for a £400 debt that was with another JD williams back in 2011.
                        See - http://legalbeagles.info/forums/show...766#post672766

                        Yes you can give evidence on your own behalf.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Enforcement of CCJ Advise ASAP please

                          Still not heard anything. Should I just wait for them to contact me?

                          Comment


                          • #14
                            Re: Enforcement of CCJ Advise ASAP please

                            Hi all, I received a letter about a 10 minute hearing but I cant get there due to transport issues? What happens if I dont attend, bearing in mind Restons said they wont attend.

                            Comment


                            • #15
                              Re: Enforcement of CCJ Advise ASAP please

                              I did not attend and heard nothing about this. Any advise please?

                              Comment

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