Andrew Wilson & Co advice needed.

[Amethyst]

Re: Andrew Wilson & Co advice needed.

He needs to apply back to the court again to get a further payment order that is affordable, otherwise as the previous order failed, they are entitled to enforce the judgment in the way they chose, which seems to be the bailiff in this instance.

You want I think the N245 to suspend a warrant and vary the order.

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Thank you Amethyst i will do this now for him.

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Just thought Ive sat and filled it in do I take it to our local court in Grimsby? Also how long does it take to process this I don't want them coming round while I'm waiting to hear the outcome?

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

It's this (in red) I'm finding strange .... the set fee for the Compliance Stage now is £75 not £90!!!!! :tinysmile_hmm_t2:

Kati they replied it's £75 +vat = £90

Can I take the N245 to my local court in Grimsby?

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Ok I just need to check here, I was searching around the Internet last night is it definitely N245 or is it an N244, as most mention N244. The judgment was issued at Northampton county court to the old business address but it is hceo from Andrew Wilson they are using and it's on our home address, my local court is Grimsby whichever form it is can I take it directly for him?

[Milo]

Re: Andrew Wilson & Co advice needed.

I am having difficulty understanding a few points in your posts. In your recent post you have quoted a reply that you have received from Andrew Wilson which shows the 'lodgment date' of the writ as being 18th September. In your opening post you say that you received an initial letter on 20th September and that payment is to be made by 26th September.

My reckoning of this is that the notice period falls far short of the statutory requirements. Can you please confirm the date shown on the Notice of Enforcement and the date on which it was issued and the date and time by which payment is to be made. This point is very important indeed.

Enforcement agent fees for High Court debts are subject to VAT.

I confess to be very confused by the fees charged. Can you post back with precise details.

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Date of issue is 18/09/2014 I received the letter on the 20th
Date of payment is 26/09/2014 by 4pm

I called national debtline as i was unsure what to do they think they are acting as county court bailiffs (althought they do act in both county and high courts) as there is no other court mentioned, so i phoned northampton county court the claim is still with them and hasn't been transferred to a high court, but an original letter from Thomas Higgins in 2012 said they will send HCEO if necessary, so im assuming they are county bailiffs and it is the N245 which amethyst said?

I have spoke to Andrew Wilson again and definately cannot set a payment arrangement over the phone he has to wait for the bailiff to come to the house and do it there with him once he sees we dont have goods worth in excess of £3.5k.

i apologise I'm getting myself confused and stressed here I just don't want them calling.

Is it easier to email/attach his letters to somebody?

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Hope this makes a bit more sense Milo. We have definately paid £900 in installments by bank transfer, I enquired to Andrew Wilson regards this and they said as far as they are aware no money has been paid?

Financial Statement as at 25th September 2014

Writ 99620

Solicitor The Thomas Higgins Partnership

Mr xxxx xxxxxxx T/A Autosmart

- v -

Mr xxxxx xxxxxxxxx T/A xxx xxxx
--------------------------------------------
Lodgment Date 18/09/2014 Enforcement Officers Fees
HCEO Regulations 2014
-----------------------------------------------------------------------------------------------------------
Amount of judgment £4,276.35 Admin/Compliance Fee £75.00

Fixed cost on Judgement £220.00

Execution Cost £111.75

Assessed Solicitors Costs

Interest Post Judgement

Accurued Interest £9.10
VAT £15.00
Due Claimant £4617.70
Total Enforcement Fee £90.00
Total Levy £4707.70

Total Payments

Total Credits

Current Balance £4707.70 Current Daily Interest £1.01
-------------------------------------------------------------------------------------------------------------------
Received From Defendant

Input Date Amount Type Client Fees VAT on Fees



Paid to Claimant

Payover Date Amount
-------------------------------------------------------------------------------------------------------------------
Disbursements

Date Cost Details

[Milo]

Re: Andrew Wilson & Co advice needed.

Something is not right here. The debt cannot be enforced by Andrew Wilson & Co unless the judgment has been transferred up to the High Court !!!!

There is also something wrong with the date on the Notice of Enforcement and I will put my neck on the line here and openly state that it is my personal opinion that it is defective.

Accordingly, I would expect that Andrew Wilson will willing agree to issue a replacement Notice of Enforcement and it would probably be better if I send a PM to you with details of what you need to be saying to the company and a contact point as well.

In the meantime could you call Northampton to make enquiries about the debt not being transferred up. This could be a mistake by the court and happens far too often.

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

Thank you Milo. I have called and it is definately with themselves it hasn't been transferred up, I double checked again by stating i may need to send and N245 and had to check where it went and he said to them as that is where the case is.

PM is fine

Thank you

[ploddertom]

Re: Andrew Wilson & Co advice needed.

Please note it will show as still being with the court as it has been transferred for enforcement only. Their notice of enforcement may be defective but this does not prevent enforcement being carried out, thet cannot charge the fee.

As this is now against your home address then deny him access to your home. May issue aĺl types of threats but if he cannot gain control of any goods thre is not much he can do and will eventually have to return the writ.

It is a seriously bad idea to let him in. Make sure there is nothing of value outside, a car perhaps, if so then move them.

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

My worry now then is although I have 3 kids one will be dropped at his friends at 7.45am which will leave a 14 & 15 year old alone until they leave at 8.30am then they will be in the house again 3.45pm-5.15pm alone and if anybody knocks they will answer in case it's friends.

We do have a van (worth approx £800-1000) but Deane starts work tomorrow self-employed on a temporary contract and he does need it as the job is 6-10miles away depending which yard he is at he will be gone between 6.30am and 5.30pm with the vehicle.

what are they actually allowed to take as our sofa, main TV, fridge freezer, dishwasher and cooker are all on hp. The children have a tv in their rooms and one of their rooms has a play station in (Xmas present of nana), we have one laptop and a printer (which they need for home work) and is theirs as it was bought for them as a joint Xmas present and they have an Xbox (downstairs) which is actually on hp as well other than my iPad I can't think of anything else, except clothes, a lamp, fish tank, table & chairs, Sky box, furniture is all that's left for them.

Now I don't know what to do as obviously they will now turn up whenever. Is there no way I can halt the enforcement and force it back to the solicitors to sort this out?

Ploddertom they ccj was served on the work premises and the writ has been issued on our home address, they only have the home address as I put it on his letter when I explained his situation. Also a quick question hubby has never signed any agreements relating to this account it was merely set up of the rep's own back he just told hubby I've set an account up now to save you paying lump sums out in one go? Does that help hubby in anyway, he's not trying to avoid paying it he just wants to set it on instalments.

And do I still send this N245 then if that notice of enforcement still stands?.

[Milo]

Re: Andrew Wilson & Co advice needed.

Stefanie,

As long as nobody allows an enforcement agent into the property there is nothing that can be achieved by the officer and a note will be left at the premises to advise that a visit had been made.

The notice is defective and I am sure that Andrew Wilson will re-issue a fresh notice which will give you an additional period of time in which to explore your options (such as a set aside). A slight word of warning here about 'set asides' is that courts are much more relucant to grant such applications if the eventual outcome would be the same ( ie: that the debt is due).

With debts enforced via a High Court Enforcement Officer it is important to be aware that if a debtor is unable to afford to repay the debt then a brand new procedure is now in place and one that is proving most useful. I would like to stress that this new procedure is ONLY applicable in cases where the debtor has financial difficulty in repaying and not where they wish to challenge the judgment.

Later this morning I will get some template wording put together for you to send to the enforcement company.

[ploddertom]

Re: Andrew Wilson & Co advice needed.

Is the van insured for business purposes and who is insured to drive? as toits value that would seem to suggest it is under the financial threshold for tools of the trade so should be safe.

With the children being under age then any caller should vacate although he may ask when your husband may be home. Don, t forget that if it his debt then only his goods may be seized.I

[stefanieburton]

Re: Andrew Wilson & Co advice needed.

The van is insured for us both to drive, (I generally use my dads car if I need to)but only under a normal policy (the policy states he's self-employed) but does include to and from a place of work, the only tools in it are his overalls and any safety gear needed as he's a tractor driver. He will always be self-employed under this temp contract to the same guy as its for the end of harvest season, then will finish after 5/6weeks until April/May 2015 where he will go back to them but on a self employed status as he doesn't like the commitment of employment.

We did a valuation on the car on a few sites and that was the variation that came out.

I will make sure all the windows are shut when I leave and if they want to check the back of the property they would have to climb the 7ft gate which I understand may not deter them as its a block terraces.

The amount of stress it's causing, if I could lie I'd tell them I'd kicked him out but unfortunately or fortunately depends how you look at it, I wasn't brought up like that. I'd soon get stumped on questions .

Thank you Milo much appreciated.

Thank you very much so far for your help.