Ccj high court bailiff need urgent help

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Confusion
Posts: 2
Joined: 05 Jan 2019 04:58

Ccj high court bailiff need urgent help

Post by Confusion »

Hi,

I need urgent help please, i have had fines from a camera controll agency for a private carparc woch i was aware of but had other things going on so put them to one side
(Had a newborn disabled child that needed heart surgery along with us moving house into temp acommodation and fighting the council homeless department while trying to get housed, all while dealing woth mine and my partners depression and partners anxiety)

So i had a visit on fri from a high court enforcement officer that stated the company has done a skip trace and located us amd also that a ccj has been lodged and now he was there to enforce it by payment or taking goods, i xant really fault the officer as he was polite, no items were taken as i laughed and said i have nothing of value but also stated to him i was unaware of any prroceedings, he said a letter was sent on the 12th dec to my curent property wich i have not recieved. The sum they are claiming is 760 owed 3.75 interest and then 90 compliance stage fee and 822 enforcement fee,

As i stated he visited property last week didnt take anything and told me i need to clear 50% of debt off asap
Then he doesnt care at what rate the rest is paid, i said i can pay 200 end of month no contract was signed or anything he agreed and left,

What should i do? I was unaware of any court proceedings and cannot see how they can charge such high fees just for a 15 min visit what should i do and how should i word forms??

Please help
Thanks
Confusion
Posts: 2
Joined: 05 Jan 2019 04:58

Re: Ccj high court bailiff need urgent help

Post by Confusion »

Not sure if relevant but judgement date on document he left states 7/12/18,
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Ccj high court bailiff need urgent help

Post by zeke »

Confusion wrote: 07 Jan 2019 00:00 Hi,

I need urgent help please, i have had fines from a camera controll agency for a private carparc woch i was aware of but had other things going on so put them to one side
(Had a newborn disabled child that needed heart surgery along with us moving house into temp acommodation and fighting the council homeless department while trying to get housed, all while dealing woth mine and my partners depression and partners anxiety)
Strangely enough, a homeless person has not been classed a vulnerable person for civil enforcement, but you might be in another class of vulnerable people for the purpose of civil enforcement


So i had a visit on fri from a high court enforcement officer that stated the company has done a skip trace and located us
I am surprised they admitted tracing you because the law says the bailiff must give notice before attending. Here is the law on giving notice of enforcement



amd also that a ccj has been lodged and now he was there to enforce it by payment or taking goods, i xant really fault the officer as he was polite, no items were taken as i laughed and said i have nothing of value but also stated to him i was unaware of any prroceedings,
You can apply to stay the writ and aside the judgment, but you have a short time window to do that after learning of the judgment.

You are most probably a qualifying person for free court fees, so the application should cost you nothing.






he said a letter was sent on the 12th dec to my curent property wich i have not recieved.
I know you didn't get a letter because the bailiff admitted tracing you. Anyway, homeless people don't have a fixed address and that proves the service (giving it by post or in person) of the original judgment has failed.


The sum they are claiming is 760 owed 3.75 interest and then 90 compliance stage fee and 822 enforcement fee,

See if the claimant is VAT registered. If they are VAT registered, then the fees are wrong because a detailed assessment hearing determined that the debtor is not liable for the creditor's VAT liability.

The application for a detailed assessment is most likely free for you, but you will need some legal skill to draft the detailed assessment application. I know you can generate a detailed assessment application on the internet where it cranks out the N244, witness statements and fee calculations and costs, but these are for legal professionals rather than untrained members of the public.


As i stated he visited property last week didnt take anything and told me i need to clear 50% of debt off asap
Then he doesnt care at what rate the rest is paid, i said i can pay 200 end of month no contract was signed or anything he agreed and left,

What should i do? I was unaware of any court proceedings and cannot see how they can charge such high fees just for a 15 min visit what should i do and how should i word forms??

Please help
Thanks
You should not get into a repayment agreement with a bailiff. You will never be out of their debt because their fees will be added as you are paying it off. They make excuses by saying they are admin fees etc, so I would avoid that from the outset.

You must kill off that writ and set aside the judgment. You complete a form N244 and a witness statement and take them to Room EO7 at the High Court in London. Make a form N260 summary costs because you are not the party at fault. Complete an online fee remission application first and put the application reference at the top-right of the N244.
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