Hi,
Having recently had a visit from a bailiff over a water debt, that I knew nothing about, I applied to have the judgement stayed and asked to set it aside.
The stay was granted and hearing set, I lost the hearing as the claiment proved that the papers were served correctly the fact I didn't receive them didn't matter. The judge did however agree that the claiment was claiming for more than 6 years of use and reduced the judgement accordingly. The set aside was then dismissed.
I have been waiting on the judgement to come through from the court before contacting the water company, when I have just had a bailiff knock on my door, 4 days after the hearing.
My question is, as the judgement amount has changed is a new writ needed and the judge told me to discuss payment arrangements with the claiment the court doesn't deal with this. I thought that is what a variation order did?
Thanks
Is writ still valid if judgement amount reduced?
Re: Is writ still valid if judgement amount reduced?
If the claimant accepts a lower amount than the sum on the writ, then enforcement cannot proceed.
Communicate by email and be sure you get the agreement in a durable form. The bailiff will pester you over his fees.
A variation is to apply to the court for more time to pay the judgment debt.
If you can keep the bailiff out of your house and away from your car, the bailiff will eventually move on. Try to deal with the creditor, but if the creditor is not forthcoming with any positive communication, then take these steps to batten down the hatches.
Communicate by email and be sure you get the agreement in a durable form. The bailiff will pester you over his fees.
A variation is to apply to the court for more time to pay the judgment debt.
If you can keep the bailiff out of your house and away from your car, the bailiff will eventually move on. Try to deal with the creditor, but if the creditor is not forthcoming with any positive communication, then take these steps to batten down the hatches.
Re: Is writ still valid if judgement amount reduced?
Many thanks,
The judge ordered the initial judgement to be reduced by 'x' to bring the amount within the 6 years limit and the claiment didn't argue so I guess the writ cannot be enforced.
I've also emailed the water company with a monthly payment plan and an offer to fill in an income and expenditure form so I await a response.
Can I just confirm that if my car isn't on the drive the bailiffs can't touch it, it's a 2003 plate so not really worth much in monetary value.
The judge ordered the initial judgement to be reduced by 'x' to bring the amount within the 6 years limit and the claiment didn't argue so I guess the writ cannot be enforced.
I've also emailed the water company with a monthly payment plan and an offer to fill in an income and expenditure form so I await a response.
Can I just confirm that if my car isn't on the drive the bailiffs can't touch it, it's a 2003 plate so not really worth much in monetary value.
Re: Is writ still valid if judgement amount reduced?
If your car is on a highway, they can take control of it.
This is the definition of a highway
Put it on a neighbour's driveway or any private land.
This is the definition of a highway
Put it on a neighbour's driveway or any private land.