Going round in circles trying to stop enforement of writ

[Parky0606]

I had a CCJ awarded against me in default in March. I immediately contacted the court as I had returned the directions questionnaire by email and provided evidence to show. The admin team agreed that the document hadn't been processed so they referred the file back to a judge to set the judgment aside and re-instate my defence, great, I thought.... However, the claimant (after this) obtained a high court writ and instructed enforcement officers who duly wrote to me demanding payment. I again contacted the ccbc and they told me the writ shouldn't of been issued as the case was back with a judge... I contacted the HCO, the issuing high court and the local area court and while all agreed the writ shouldn't of been issued no one is bothered about stopping it and until the HCO receives instructions he is going to continue to enforce - I have an email from the CCBC saying it shouldn't of been issued but they don't care - what on earth am I supposed to do? I am also a vulnerable person so this is causing a huge amount of difficulty

[zeke]

You have several options open to you.

If you accept you owe the judgment debt, but don't want to deal with bailiffs, then apply for a stay of the enforcement and then vary the judgment to be paid off monthly.

If the bailiff has already contacted you and has charged you excess fees, then you can apply for a Detailed Assessment under CPR 84.13. You can also apply for your costs set off against the judgment. In some cases, it can negate the judgment debt, or exceed the judgment debt. In the latter, you can issue a "reverse writ" against the claimant for your detailed assessment costs. You can also sell (re-assign) the right to apply for a detailed assessment. You are effectively selling the bailiffs down the road, but they get to keep the costs recovered from the claimant. It can leave a standing judgment, but financially toxic to be unenforceable using bailiffs. The Claimant can select another enforcement measure, such as applying for a deduction from income or benefits, or applying for a charging order.

You are vulnerable. That won't get you off the enforcement, but it does get you off all the enforcement stage fees, - provided, - the bailiff clamps a car without giving you adequate opportunity to get advice in relation to the enforcement power before the bailiff took control of goods. This is called a "Reg 12" detailed assessment. It is named after regulation 12 of the Taking Control of Goods (Fees) Regulations 2014. You also get costs paid, but the court is less generous in these circumstances, and a Reg 12 detailed assessment cannot be re-assigned or sold to another to bring the application.

[Parky0606]

Hi, No I don't accept I owe the claim and I am confident of ultimate success - the ccbc say the judgment will be set aside as it is clearly an admin error on their part, problem is the referrals are taking up to 10 weeks and it's only been 8. I just cant get my head round the statement from ccbc that the writ shouldn't of been issued (I have that in writing) yet the high court won't withdraw it, seems crazy. The enforcement officer stated he was going to return tomorrow and if not resolved he will proceed so I guess my only option is to pay the entire amount, including fees, then, when the ccj is set aside try and claim it back ! - just seems a crazy state of affairs

[zeke]

Lets see the statement.

[Parky0606]

This is a cut and paste of 2 messages

Message navigationMessage 17 of 59125 Previous Nextchange-formatchange-format
Subject:xxxxxx
From CCBCAdd to whitelistAdd to blacklist
To xxxxxxxx
Date Today 09:24

Good morning,

Thank you for your call.

I can confirm the case was referred to a district judge to have your defence re-instated and judgement set aside on the 30/3/22 due to admin error, unfortunately we are still waiting for a District Judges decision until then this case is on hold and no further action should be taken until the Judge has responded.

I hope this helps.

Regards,

Ralie

Helpdesk Administrative Officer

County Court Business Centre | HMCTS | St Katharine’s House | 21-27 St Katharine’s Street | Northampton | NN1 2LH



Web: www.gov.uk/hmcts
MCOL: 0300 123 1057 | CCBC: 0300 123 1056
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and previously from basildon


From FirthAdd to whitelistAdd to blacklist, Tracy
To xxxx
Date 11/05/2022 12:21

Good Morning,

I have been given your urgent E-mail regarding the Writ of Control that was issued against you on the 20th April 2022. As my colleague has already stated we are a back office that only helps issue the Writs for the High Court Enforcement Group. When we receive the Writs to issue unless we are made aware prior to issuing them it is our protocol to check the Judgement amount/date and that we are issuing against the correct person, once this has been checked we issue them, if we had been notified prior to this we would have not issued it.

I have contact the High Court Enforcement Group as I am unsure who should be investigating this and they have stated they receive the Writ from the Claimant, if they have a query with it they direct it to the Defendant’s home court, they have also stated they have no access to the court system so would not be aware if there was a reason why it should not be issued.

I have also contacted who I believe is the home court nearest to your address and asked them to investigate this, but so far I have not received a reply.

Once I receive a reply I will notify you, I am sorry I cannot help further but I will keep you updated.





Kind regards,



T M Firth

Team Leader

London and South East Centralised Attachment of Earnings Centre

Basildon Combined Court



I have had various emails with basildon and norwich along with CCBC - all saying it shouldn't of been issued, I just cant see why they cant unissue it!

[zeke]

You must wait for further order by the court.

Judges are working from home and remotely logging into HMCTS, so things are slower than normal.

If bailiffs contact you or take an enforcement step regarding the same judgment claim, apply for a stay of execution and ask for your costs.

[Parky0606]

How quickly can I do this though? Its has taken so far 9 weeks for the set-aside, I've had one visit from the HCEO (with fees) and now past their deadline so expecting them again. I have shown them the email trails and proof but not interested without instructions from the claimant or high court (I even now have an email from CCBC saying no further action should be taken until the set aside is heard ) - Thanks

[zeke]

I've done stays and set asides on the same day.

It looks like court staff are messing you about.

If the bailiff is charging you fees, then consider applying for a detailed assessment. That always sours the milk for the bailiff.


https://stopthebailiffs.uk/high-court-w ... -much.html

[Parky0606]

I've been told to apply for a stay for the writ - I have paid the £14 and filled the form in - it doesn't say where to email or post it - do I send it to CCBC (original ccj) or the local court or even Basildon who did the writ

[zeke]

Court staff can tell which court. Usually the registry that issued the writ.

[Parky0606]

Yes they told me to take it to my local court as it would be quicker, handed it in straight away - fingers crossed they process it before the HCEO turns up again but I'm not holding my breath!

[zeke]

Take these steps to protect yourself from bailiffs.

https://www.nationalbailiffadvice.uk/Pr ... Goods.html