claimant appointed High Court Bailiffs ( Marstons) for private Count Court debt?

[DiBArt]

Hi a new puppy to the fold!
I was taken to county court by a claimant who's claim against me was 'not as desribed' on eBay.
I sold him a Motorhome that he grossly overbid on, he spent hours going over it, paid cash and drove it away.
He then decided to take me to court for misrepresentation. I said the tyres were new which they appeared so,only to find out that being an exfireman he said that the lettering on the tyres proved they were old, although they had been put on from a garage who did the MOT, for the MOT. obviously been stored.
He demanded his money back I refused as he had had vehicle for over a week.
He took me to County Court and the court went through when I was travelling on the road to Spain (3 months) he got judgement against me. I told the court on my return and they reheard case, and although he had scrapped my motorhome and could not return it, he still demanded his money returned 1,500. I was judged against he stated about being a fireman all his life bought a friend who was an amputee and missing original court case I didn't care apparently travelling Europe. however he won.
I was ordered to pay 40.00 monthly for the debt of 1,500 + expenses by County Court, Next thing I know is that he has appointed high court bailiffs Marstons to collect now over 2,500 presumably their expenses on top, I have been stuggling to pay this as I thought there were no options. I only have to be out of time oneday and they are on my back abusive! over a year has gone by now and they are adding interest on making debt harder to pay.
What right did the claimant have to pass this private County Court debt to a High Court Bailiff costing me another 1,000 and all the heartache.
Is there anything I can do without putting my van and car in jeapardy with these bailiffs if it backfires. I would be gratefull for advise as my husband is on a pension and I am 65yrs and studying with college so earning no money at present. thank you

[labman]

Re: claimant appointed High Court Bailiffs ( Marstons) for private Count Court debt?

High Court Enforcement Officers can be appointed to collect unpaid County Court fines over £600 and less than £5000.

There are real High Court specialists on the forum, so I will let them answer the nitty gritty.

Did you apply for a stay of execution?

[ploddertom]

Re: claimant appointed High Court Bailiffs ( Marstons) for private Count Court debt?

Did the Court order you to pay £40 per month? Did you default on these payments?

[pepsie]

Re: claimant appointed High Court Bailiffs ( Marstons) for private Count Court debt?

If these repayments were set by the Court then, it suggests the Claimant is abusing the Judicial system, I see PT has already asked the question have your repayments been made without default so I will await your reply to both questions before I go further.

If you can give a little bit more info regarding your personal circumstances, eg: household, work, benefits, pension, health status etc. it will help to give you the correct advice and put together a plan of action.

Pepsie

[Guest]

Re: claimant appointed High Court Bailiffs ( Marstons) for private Count Court debt?

He took me to County Court and the court went through when I was travelling on the road to Spain (3 months) he got judgement against me. I told the court on my return and they reheard case, and although he had scrapped my motorhome and could not return it, he still demanded his money returned 1,500. I was judged against he stated about being a fireman all his life bought a friend who was an amputee and missing original court case I didn't care apparently travelling Europe. however he won.
I was ordered to pay 40.00 monthly for the debt of 1,500 + expenses by County Court,

You need to apply for a Stay of Execution and this is done on a Form N244. The grounds are you were out of the country while the case proceeded in your absence and without your foreknowledge. Collate some evidence confirming your absence.

First you may need to apply to have the original Judgement set aside in the county court. Ask whether this is so at your local county court and if so, apply for a set aside of the original Judgement. Then with your set aside document you receive from the court, you apply to the high court for a Stay of Execution. That stops enforcement the moment your application is filed.

Your case was brought in the small claims court, the Civil Procedure Rules protect the parties from solicitors fees being awarded against a party. The HCEO by transferring up the case to the high court has exposed his client to a potential liability to pay your solicitors fees if you succeed in getting a stay of execution. You can get a solicitor quickly and cheaply in one of two ways.

Your local citizens’ advice keeps a list of solicitors who offer a free initial consultation and you need to find out whether he will apply for his costs from the other parties, if he can, then instruct him to start work and give a standing instruction to recover all his fees once the case is concluded.

Check your home insurance policy, many have legal cover and will have tie-ins with large law firms who have a national reach. Once such firm is Irwin Mitchell who sources their clients through insurers, and they have lots of experience at this kind of stuff. The great thing about this is it won’t cost you a bean.

Either way, the risk is all with the HCEO if you get the case stayed in the high court. He becomes liable for reimbursing his client for his losses, because Rule 2.07 of the Solicitors Code of Conduct 2007 means the HCEO cannot exclude himself from liability in a contract with his client.

When seeing a solicitor, take a printout of this thread.