only found out that i had a ccj when i received an enforcement notice

[help753]

Hi, need some help please. Had an enforcement notice through on a ccj that i didn't know i had and now they are asking for all of it by this friday even though i contacted them to try and explain.


Background history. We used a solicitor at the end of last year to help us get out of a farm tenancy as loads of problems. All supposed to have been done on insurance but there was just under 4k that we had to pay. They wanted us to pay 250 pm even though they knew we couldn't afford to pay that much. Did manage one month at 250 one month and 125 another. Then things got very tight and they sent pre court papers.

At this stage we were still having our post redirected to our temporary address. The solicitors had this address but didn't use it. At the same time that we received the pre court papers we had got a permanent address so when the papers were filled in, the new address was put on them. This was mid May of this year. We offered to pay 80 pm as that was what we could afford.


Didn't hear anything from them until an email in july requesting payment or further action. Replied to say that didn't even know that our offer had been accepted. Eventually they apologised and said the offer was accepted. We didn't get a payment to them in july due to a large car bill. There was then another email to say that if payment wasnt made then further action would be taken as per letter. No letter attached or received. Email queried but no answer.


Payments made in August and September. Emailed mid September to ask if payment had been received, answer yes but nothing said about ccj. Then about 10 days ago we had an enforcement notice through the post stating that we hadn't paid a ccj. That notice was to our present address.


The details on it said that the high court writ date was 21st sept and judgement date 12th sept. We emailed the solicitors to ask what was going on and they responded eventually by stating that the paperwork for the ccj was sent in on 22nd aug and as we hadn't replied a judgement was made, then when they went to do the enforcement they found the new address.


Now we have a debt of 4.6k to pay by this friday as they wont accept a payment plan. Also the last 2 payments haven't been taken off and the enforcement agency said we need to take it up with the solicitors not them as they cant do anything about it.


What we need to know is if there is anything that we can do to get some compensation or what ever else is available. We dont contest that we owe the money but the solicitors are negligent with their record keeping as we had kept them up to date with our changes in address.

Sorry if this is long winded. Any help greatly appreciated

[zeke]

Hi, need some help please. Had an enforcement notice through on a ccj that i didn't know i had and now they are asking for all of it by this friday even though i contacted them to try and explain.

Stop contacting them, and try to identify the source of the debt. The enforcement notice should have a judgment claim number on it. if it doesn't, then the notice is invalid because the regulations say the notice must have sufficient information to enable the debtor to identify the source of the debt.

Visit trust online and get a copy of the judgment. It might well be a default judgment. That means its a judgment that eaas made without you defending it.

Background history. We used a solicitor at the end of last year to help us get out of a farm tenancy as loads of problems. All supposed to have been done on insurance but there was just under 4k that we had to pay. They wanted us to pay 250 pm even though they knew we couldn't afford to pay that much. Did manage one month at 250 one month and 125 another. Then things got very tight and they sent pre court papers.

At this stage we were still having our post redirected to our temporary address.

That might be your proof the service of court documents were not effected.

Yet, a bailiff managed to find your current address. That is evidence you may not have been aware of the judgment and you can [urlhttps://www.nationalbailiffadvice.uk/Stay-High- ... gment.html]apply to have the enforcement power stayed and you can apply for a variation[/url].

The solicitors had this address but didn't use it.

That is further evidence you were[interpleader][/interpleader] not given proper service of court documents. Section 7 of the Interpretation Act 1978.

At the same time that we received the pre court papers we had got a permanent address so when the papers were filled in, the new address was put on them. This was mid May of this year. We offered to pay 80 pm as that was what we could afford.


Didn't hear anything from them until an email in july requesting payment or further action. Replied to say that didn't even know that our offer had been accepted. Eventually they apologised and said the offer was accepted.

You must give evidence of this acceptance when you apply for a stay and a variation. The court will always follow a previously made payment agreement.

We didn't get a payment to them in july due to a large car bill. There was then another email to say that if payment wasnt made then further action would be taken as per letter. No letter attached or received. Email queried but no answer.


Payments made in August and September. Emailed mid September to ask if payment had been received, answer yes but nothing said about ccj. Then about 10 days ago we had an enforcement notice through the post stating that we hadn't paid a ccj. That notice was to our present address.

Have a look at the original judgment. see if that has the same address as the notice of enforcement. If it doesn't then exhibit the notice showing your current address together with the original judgment showing your previous address. The court will work out for itself the bailiff company tried to swing a fast one on you by starting enforcement knowing the judgment address is different.

The details on it said that the high court writ date was 21st sept and judgement date 12th sept.

It looks like someone transferred up the judgment in haste. Exhibit the document with your application to stay the writ and vary the judgment.

We emailed the solicitors to ask what was going on and they responded eventually by stating that the paperwork for the ccj was sent in on 22nd aug and as we hadn't replied a judgement was made, then when they went to do the enforcement they found the new address.

You must mention this in your witness statement because it is an admission that they knew the judgment was at your old address, and they started enforcement at your new address.

Now we have a debt of 4.6k to pay by this friday as they wont accept a payment plan. Also the last 2 payments haven't been taken off and the enforcement agency said we need to take it up with the solicitors not them as they cant do anything about it.

If you apply to stay the writ, you are off the hook with the fees, therefore any money already given to the bailiff now county towards the original judgment debt. The creditor is the one that has to reclaim the money from them.

What we need to know is if there is anything that we can do to get some compensation or what ever else is available. We dont contest that we owe the money but the solicitors are negligent with their record keeping as we had kept them up to date with our changes in address.

Sorry if this is long winded. Any help greatly appreciated

If you show the claimant has deliberately messed you about, then you can apply for your costs under CPR46.5 using a form N260.

You mentioned that you are struggling with £250 a month, indicating you might be on a low income, I recommend applying online for court fee remission when making your application.

[help753]

We know who they are and they have admitted in an email that the papers came back with gone away on them. Its just trying to get it all done before Friday as they extended the time to pay til then and all the legal stuff is blowing my mind. We are in Devon and have been told that it needs to go to London to be heard quickly.

[zeke]

Until the application to stay the execution on the writ has been granted, take steps to protect your home from bailiffs.

[help753]

Quick question on this. Hpw long should they have given us before applying for the writ? Have been looking on trustonline and ccj date is 12th sept and writ is 21st. Surely there is a statutory minimum time or is it as little as a week?

[help753]

Quick question on this. Hpw long should they have given us before applying for the writ? Have been looking on trustonline and ccj date is 12th sept and writ is 21st. Surely there is a statutory minimum time or is it as little as a week?

[Syd Snitkin]

They can apply the same day if it's a 'forthwith' judgement. There is no requirement to advise you that a writ is being prepared.

[help753]

Right ok. We have no idea what judgement was made as not received anything but the enforcement notice. They knew we had changed address as they helped us get out the tenancy and they had our new address but chose not to use it. They have refused to give us the ccj information as they told us they arent obliged to. They have also admitted that the court papers had been returned to them before the ccj was obtained and that they put the paperwork for the writ in the new address not the bailiffs. Surely they are accountable for something as they were fully aware that we knew nothing about it. They were still taking our monthly payments on the payment plan. We were still corresponding with them over email and still nothing was said. Surely you would say something wouldn't you? The firm isnt a small local firm. Its a big one with a (supposedly) a good reputation

[Michelle]

Right ok. We have no idea what judgement was made as not received anything but the enforcement notice. They knew we had changed address as they helped us get out the tenancy and they had our new address but chose not to use it. They have refused to give us the ccj information as they told us they arent obliged to. They have also admitted that the court papers had been returned to them before the ccj was obtained and that they put the paperwork for the writ in the new address not the bailiffs. Surely they are accountable for something as they were fully aware that we knew nothing about it. They were still taking our monthly payments on the payment plan. We were still corresponding with them over email and still nothing was said. Surely you would say something wouldn't you? The firm isnt a small local firm. Its a big one with a (supposedly) a good reputation

It sounds like you may have an argument to apply to set aside the judgment, if you were making the agreed payments. While the CPRs allow claims to be served at the last known address, if they admit that the papers were returned to them, they should have tried to find the new address rather than just requesting default judgment. This all sounds quite dodgy, and there is also a pre-action protocol to be followed, before issuing a claim, and a law firm of all people, should know that! Clever d!cks!

[help753]

Update. Firm has agreed that they have made an error. They have called off the debt collectors and said that the ccj they had obtained was irregular, mot quite sure what that means. They have said that we don'thave to pay any of the fees and the ccj will be set aside. Also said that we can carry on with the payment plan. All a bit of a relief but what about all the stress , unnecessary harassment and time spent chasing this. Is there anything we can do about that

[Michelle]

That's all very good news, it has saved you having to submit a set aside application, pay the £255 application fee, having to wait for the hearing date, etc. so it's all very positive.

[zeke]

Update. Firm has agreed that they have made an error. They have called off the debt collectors and said that the ccj they had obtained was irregular, mot quite sure what that means. They have said that we don'thave to pay any of the fees and the ccj will be set aside. Also said that we can carry on with the payment plan. All a bit of a relief but what about all the stress , unnecessary harassment and time spent chasing this. Is there anything we can do about that

I have a law firm working on it.

The new GDPR has a provision under Article 82 or section 168 of the DPA to claim material as well as non-material damages for error in the processing of data giving rise to that loss.

I've updated NBA for the TV crew damages, but I'm awaiting the findings for damages for processing error and the procedure to recover bodycam footage using Art. 15(3) in what used to be a section 7 SAR.