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High court writ and enforcement visit

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  • High court writ and enforcement visit

    Hi, long story short, Iv recently had a ccj granted against me from welsh water for £1500, fair dinkum, I owe it, personal issues got me into a rut of different debts which I’m now sorting out. Or trying to.
    The day after judgment it was sent to the high court and an officer attended my house. Here’s where it gets difficult, Iv been ill the last few weeks and my sleep pattern is all out of kilter so when the agent turned up at 6am I was fast asleep and didn’t wake until 1pm by which time I had 11 missed calls a text and my vehicle on the back of a recovery lorry on my driveway. It’s a company vehicle so after showing him the receipt, invoice and payment out of the business account he reluctantly put it back.
    He then asks me to pay the debt which he says is now £3600! I ask him for a breakdown and he just says he’s put the paperwork through my door. I asked to see the writ and again he said he put it through my door. Iv still to find it. Anyway, I offered him £1000, which he refused and said I had enough money o pay in full as he’d seen the balance on the business account! As far as I’m aware a ltd company is a separate legal entity from me as a person so it’s not my money. I explained this to him and again offered him £1k which he refused and said it’s paument in full now or we will force bankruptcy, all the time he was seemingly talking to someone on his phone and kept saying “he won’t pay, it’s bankruptcy then is it?” I replied several times that I wasn’t refusing to pay but he ignored it. I then told him that I was moving abroad next year and he replied that they would stop me, “if we force bankruptcy you won’t be going anywhere”. Are bailiffs able to give immigration advice now? Communication broke down after that and he left shortly after with something along the lines of “enjoy your bankruptcy mate, no skin off my nose”.
    so I did some research and looks like they can’t make me bankrupt for the amount that’s owed? The paperwork he did put through my door was “Notice after entry or taking control of goods (on a highway) and inventory of goods taken into control” with amount owed £2626, debt £1649, interest £5, compliance stage fee £90, enforcement stage fee £881.
    second one was “Notice that goods have been removed for storage or sale” with the same figures plus- sale stage fee £689, expenses £300 total sum £3615.
    The vehicle was on my driveway not a public highway? It was never actually removed either, the time on the paperwork says it was removed at 10.30am but was still there at 1pm when I woke up? I also noticed that the officer the writ was issued to wasn’t the guy who turned up, I checked him out and he’s not listed as an enforcement agent or bailiff etc on the online lists?
    I called Welsh water today and tried to pay the full balance which they said was £1532. They refused payment and said I’d have to pay through the enforcement company? Iv sorted a few other debts by paying the creditor direct and therefore not paying any of the bailiff fees etc but what if the creditor refuses payment? Can they do that? I’d rather not pay £2100 for the privilege of being visited by a bully at 6am to be honest.

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  • #2
    Hi there.

    first problem is this is a utility company and they are more ruthless. This one obviously is particularly.

    he is using tactics against you. He should have shown you the writ from the off. If you move abroad there is not much they can do.

    As for your limited company, check the Ccj paper to see who it is against. It has to be one or the other. Of it is you then you are a bit more protected, if it is the company then they can enter business premises without permission etc. As far as I am aware he can see what is in your account right now just tax returns. So double check the CCJ.

    high court enforcement is extremely aggressive, don't be fooled by can't pay we will take it aware they are not nice. If it is really unaffordable and this is becoming a problem your best bet is to get in contact with the court. I am afraid to say they will come again for you probably more aggressive.

    in relation to the bankruptcy. It can be done. However it has to go through the courts and in this day in age the court does not like doing it. So don't worry to much.

    Hang in there and remember, they are not the law or above the law. In fact majority have very little knowledge of the law so don't let them try and bamboozle you.

    Comment


    • #3
      Thank you kuksool, yes the ccj is in my name not the companies. Since the original post I have asked him several times for his certificate and he refers me to the online register which he’s not on so I have refused any more contact with him on the grounds he has no authority. I’m guessing he is licensed, he’d be really daft not to be, but I can’t find any reference to him or has he shown me any.
      I have paid the original debt in full direct to Welsh water yesterday. I’m just unsure as to if they can still enforce to collect their fees? Also the fees they are claiming are way above the fixed fees stated they should be charging. For example, the first enforcement stage fee is £881 when it says online they can only charge a fixed fee of £195. Also charging for removal, storage and sale of a vehicle that they couldn’t and didn’t take.
      As far as how nice or nasty they are doesn’t bother me. The tactics they use really rub me up the wrong way, I can imagine how intimidating they can be to people who may be more vulnerable than myself. I was gobsmacked when he started saying they could stop me travelling abroad! After I picked my jaw up off the floor and stopped laughing at him he was swiftly sent on his way. I’d expect it from a private bailiff but a supposed officer of the court? It’s disgusting

      Comment

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