Set aside rules PLEASE HELP ME

[Pretzel]

I've recently gotten a CCJ by default and I want to apply to set it aside.
I received the court form and it was destroyed by my child I rang the claimants solicitors and they told me they would send it out in the post to me again. At no point did they say I have to contact the court to get it resent and they didn't say they wouldn't/couldn't resend it. I called them again to ask about it and they assured me they were sending it out they even assured me I would be able to go to court to defend the claim as I dispute the value of the claim (I admit partial responsibility).
Will the court accept the reason for me not returning the documents or is this likely to fail? I don't want to spend £255 with a dead end case. I also have a medical reason why I left the papers unattended.
Are the claimants solicitors allowed to lie to me about sending out the claim form?
And will they be asked to turn over the recordings of the conversations I had with them as they are already denying that they told me they would re-send the papers and have been quite nasty about the whole thing.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Anyone please??

[Debt Camel]

Re: Set aside rules PLEASE HELP ME

what defence did you have to the claim?

[Pretzel]

Re: Set aside rules PLEASE HELP ME

what defence did you have to the claim?

My contract states that the nursery can add a 5% late fee charge. The amount added to the claim not including court charges is 124%.

[Debt Camel]

Re: Set aside rules PLEASE HELP ME

That sounds like a good defence!
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] may be able to advise on the set aside

[Pretzel]

Re: Set aside rules PLEASE HELP ME

That sounds like a good defence!
@Amethyst @Diana M may be able to advise on the set aside

They've also refused to provide me with a breakdown of what the extra charges are for. in the pre court letter they sent me the outstanding balance was £1152 but the amount the claimed in court was £1871 (before court costs). Both figures are substantially higher than what I actually owe which is £772 +5% for late fee.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

Any advice!?? I've had bailiffs send a letter of enforcement and I really want to send in my set aside asap! Please is it worth paying £255

[ploddertom]

Re: Set aside rules PLEASE HELP ME

If you owe the money then Set Aside may not work as you do need a viable defence - unless you can afford to pay it in full. Otherwise you will be swapping 1 CCJ for another and extending the 6 year time frame. Is the Notice of Enforcement from the County Court Bailiff or from a High Court Enforcemnet Officer - need to know as that dictates the route to follow.

[Pretzel]

Re: Set aside rules PLEASE HELP ME

If you owe the money then Set Aside may not work as you do need a viable defence - unless you can afford to pay it in full. Otherwise you will be swapping 1 CCJ for another and extending the 6 year time frame. Is the Notice of Enforcement from the County Court Bailiff or from a High Court Enforcemnet Officer - need to know as that dictates the route to follow.

The debt was only £700+ and its been encreased by 124% with no breakdown of why. In their pre action letter the outstanding balance was just over £1000 but when I was sent the court papers that went up by £600+. I understand I owe a debt but surely creditors can't just add money to a debt illegally, especially when the original contract said 5% interest.
the enforcement is being brought by High court bailiffs DCLB. They've said it's been to court.

[ploddertom]

Re: Set aside rules PLEASE HELP ME

OK so you have a CCJ that has now been transferred up to the High Court for enforcement purposes only. Regardless of anything they may say they have no automatic right of entry into your home and it would NOT be a sensible idea to let them in. The fees they may charge are capped anyway unless of course the can Take Control of Goods. I don't doubt they will have al least have charged the Compliance Fee & 1st & 2nd Enforcement Fees. But if they cannot collect then they are not going to get paid anyway. At risk of seizure are items left outside including: car, motorbike, caravan, quality garden furniture or BBQ - the list is not exhaustive.

The Writ they have lasts 12 months but can be renewed, the chances are they will only attend maybe 4 times - any time between 6am - 9pm 7 days per week. You must adopt a siegelike mentality and keep your doors locked at all times including when you take the bin out. They may eventually get fed up and return the Writ to the Creditor who in turn may employ another HCEO or another form of enforcement.

You may apply for a Stay of Execution against the Writ and this is also done on Form N244 - cost £255 unless on low wage or certain Benefits when the cost may be waived in or in part - see Forms EX160a & EX160c for further details.

As for how the debt has increased then you need first to look at what sum is on the original CCJ - monies owing, interest, Legal costs, Court Fees etc. When going for enforcement there are added costs of having it Transferred + all the costs the HCEO will have added. When you received the Notice of Enforcement what date did you receive it? What method of was used? What date was on the Notice? What date did they give you to make contact by?

[Pretzel]

Re: Set aside rules PLEASE HELP ME

The NoE is dated 24/10/2017, they said the judgment was entered on the 23/10/2017 and they've given me until 5pm on the 3/11/2017 to make payment arrangements. The cost I'm concerned about aren't those the bailiffs are adding it's the fact I don't own this debt. I owe these people £727 not £1800+.

But if there is is no way to get the court to look at this I guess I have to come to terms that I owe this money now.

In terms of paying I am currently pregnant with twins and have two young children. I am the sole provider. I own absolutely nothing even the TV belongs to my brother, no jewellery, no gadgets, apart from kids toys and secondhand furniture I have nothing to my name. Even if these bailiffs get in I don't know what they would take as there is absolutely nothing. No car, no bikes not even a bicycle.

[ploddertom]

Re: Set aside rules PLEASE HELP ME

At this stage the only fee they are permitted to charge is the Compliance Fee which will be £90. As for the dispute you have over what you originally owe then that is something you need to take up with the Claimant or their solicitor. There should be a list of what they applied for on the CCJ Notice - if you have not got that then you should contact the Court and request that copies are sent to you.

I note the situation you say you find yourself in and without wishing to pry how old are your 2 children & when are you due to give birth to the twins? Have you had any problems along the way with your pregnancy that has been recorded?

[Pretzel]

Re: Set aside rules PLEASE HELP ME

I have a 7yr old and 2yr old and I am due to give birth March 6th. However it's more likely to be mid February as with twins and other health issues surrounding pregnancy.

I have been hospitalised twice. And am now being treated as an out patient with neurological tests, heart traces etc.

[ploddertom]

Re: Set aside rules PLEASE HELP ME

Apologies had to go out.

I would suggest you put pen to paper and inform DCBL of your present situation advising that it is causing your stress and that you should be treated as a vlnerable person for the purposes of enforcement. You would need to provide proof of this and would suggest you ask your midwife if she will write a note/repost for you. It doesn't necessarily have to go with the letter but if you explain further details are being sought then it can be sent at a later date - probably within 2 weeks. You should also explain that Stay of Execution against them and hold them fully responsible for anything untoward that may happen - the chances are a Judge will not be happy if they have been previously warned of your situation.

This doesn't make the debt disappear but should give you sufficient time to sort everthing out with your Creditor. I accepted then it should halt any further enforcement action for approx 3 moths after the twins are born. Normally it is held that unless there are problems then vulnerability will not be accepted until the mum to be enters the 3rd Trimester.

[Guest]

Re: Set aside rules PLEASE HELP ME

Apologies had to go out.

I would suggest you put pen to paper and inform DCBL of your present situation advising that it is causing your stress and that you should be treated as a vlnerable person for the purposes of enforcement. You would need to provide proof of this and would suggest you ask your midwife if she will write a note/repost for you. It doesn't necessarily have to go with the letter but if you explain further details are being sought then it can be sent at a later date - probably within 2 weeks. You should also explain that Stay of Execution against them and hold them fully responsible for anything untoward that may happen - the chances are a Judge will not be happy if they have been previously warned of your situation.

This doesn't make the debt disappear but should give you sufficient time to sort everthing out with your Creditor. I accepted then it should halt any further enforcement action for approx 3 moths after the twins are born. Normally it is held that unless there are problems then vulnerability will not be accepted until the mum to be enters the 3rd Trimester.

Are DCBL not the HCEA in the TV series "Can't Pay"?
They be seem to consider that they are a law unto themselves.

1. They have no right of entry, for any items outside get proof that others own them.

Others may be able to give advice.