Hi,
I occasionally write poorly paid non-fiction books and got a £750 advance from a publisher for one. I was unable to write the book and let them know and suggested that, as I have very little/no money, the best solution would be for them to claim the money back out of future royalty payments from my other books. Unfortunately they didn't agree to that and got a CCJ against me - I wasn't aware of how it was escalated (either didn't receive or open the letters) and it has now become a high court writ for which I've received a Notice of Enforcement from Marstons detailing a High Court Writ of Control.
Now my name is Nicholas S- but the notice of enforcement and presumably the court judgment is in the name of 'Nick S-'. This is a shortened form of my name, but it isn't my correct name on legal documentation - does that make a difference? Also does it being a High Court Writ of Control now rather than a CCJ make any difference?
Any help or advice would be hugely appreciated - thanks!
Shortened form of name on Writ Of Control
Re: Shortened form of name on Writ Of Control
The name is valid as there is no slip rule for making a name change.
On the other hand, if the address has a typo then its game over because section 7 of the Interpretation Act 1978 says a document given by post is deemed served unless evidence to the contrary is proved.
If you didn't know about the judgment until after it was made then the rules say you can apply to set the writ aside of you meet the following three conditions.
If yes to all three, then here is how to set aside the judgment.
https://www.nationalbailiffadvice.uk/St ... gment.html
On the other hand, if the address has a typo then its game over because section 7 of the Interpretation Act 1978 says a document given by post is deemed served unless evidence to the contrary is proved.
If you didn't know about the judgment until after it was made then the rules say you can apply to set the writ aside of you meet the following three conditions.
- Did you learn about the judgment after it was made?
Did you act with reasonable speed when you learned of the judgment?
Do you have a reasonable prospect of a defence?
If yes to all three, then here is how to set aside the judgment.
https://www.nationalbailiffadvice.uk/St ... gment.html
Re: Shortened form of name on Writ Of Control
Hi Zeke,
Thank you for that speedy and very helpful response. I was hopeful that the slip rule wouldn't count because I though that's only for typos whereas this is half the name wrong - they wouldn't let me board a flight once as my girlfriend had booked it as Nick and it's Nicholas on my passport for example.
Anyway, I can say yes to all three of those questions - but how do I prove I only learnt about the judgment long after it was made? I will take a look at that link right now - thanks again!
Thank you for that speedy and very helpful response. I was hopeful that the slip rule wouldn't count because I though that's only for typos whereas this is half the name wrong - they wouldn't let me board a flight once as my girlfriend had booked it as Nick and it's Nicholas on my passport for example.
Anyway, I can say yes to all three of those questions - but how do I prove I only learnt about the judgment long after it was made? I will take a look at that link right now - thanks again!
Re: Shortened form of name on Writ Of Control
Boarding a flight requires an exact speaking of a name.
No typos allowed, but you can change a passenger name at the check-in desk if you show a passport. Expect a large fee greater than the entire airfare if you are on Ryanair or Easyjet.
If the address of the judgment is different than the address attended by the bailiff, then that's your evidence.
No typos allowed, but you can change a passenger name at the check-in desk if you show a passport. Expect a large fee greater than the entire airfare if you are on Ryanair or Easyjet.
If the address of the judgment is different than the address attended by the bailiff, then that's your evidence.