High court writ for southern water debt do I let them in??

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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mitchell2002
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#1 High court writ for southern water debt do I let them in??

Post by mitchell2002 » 09 Jun 2017 17:54

How do I deal with this?? 😩
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#2 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 09 Jun 2017 17:56

Run this Checklist. If no joy, then we'll fix it
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mitchell2002
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#3 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 09 Jun 2017 18:02

Ok, i read you can do this for me?
Do they have rights to break in or get a locksmith?
Is it worth ringing southern water to arrange payment?
The enforcement officers number is not registered and no name to him/her?

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#4 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 09 Jun 2017 20:36

mitchell2002 wrote:
09 Jun 2017 18:02
Ok, i read you can do this for me?
Do they have rights to break in or get a locksmith?
No.
Is it worth ringing southern water to arrange payment?
Yes, but if they say its in the hands of bailiffs, then end the call.
The enforcement officers number is not registered and no name to him/her?
They are enforcement AGENTS. Not officers.

Run this Beat the Bailiffs checklist: http://beatthebailiffs.org/Stop-a-high- ... ficer.html
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Michelle
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#5 Re: High court writ for southern water debt do I let them in??

Post by Michelle » 09 Jun 2017 21:06

No, they have no right to break in or use a locksmith when enforcing a CCJ, that only applies to court fines.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

mitchell2002
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#6 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 09 Jun 2017 23:31

Thanks, I'm still worried as its a high court writ, I still don't understand what makes this different?
I'm going to contact southern water first thing we of an arrangement can be made.
Never received any paperwork before this letter from marstons.
There's no agent name on it the enforcement agents number is not recognised in the bailiff database.
It's not signed by anyone either.
Also states in order for an arrangement to be made I must allow agent to enter property!
I'm not about to allow this and if you say I'm within my rights to do this then that's good.
Just very worried

mitchell2002
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#7 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 12 Jun 2017 12:41

I've sent the application off.
Also done some research into southern waters code of practice which does state that they will reach a payment plan regardless of what stage of enforcement. Also that if taking advice from a recognised debt society they will hold recovery.
Hoping that after partner speaks to them today as it is in his name that they abide by their code of practice and arrangement can be made.
If they don't a complaint will be made, in which case it will then be held anyway whilst they look in to it.
Debt line advised not to open door or let them in also.

Will update this afternoon!

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#8 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 13 Jun 2017 09:22

Just get that N244 done. That kills the writ and all the bailiff fees. Then do a variation of the judgment on the same N244.
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mitchell2002
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#9 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 13 Jun 2017 18:28

Marstons are due tomorrow, partner phoned to request a copy of the writ they won't speak on the phone at all. And implied they are able to break in. I'm going to be on and out all day on school runs! It's not in my name, what happens if I bump into them coming in or out?!
How long does an n244 application take?

mitchell2002
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#10 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 13 Jun 2017 20:05

Should it be sent to the strand to be dealt with quickly? Or Huddersfield which is on the writ?? I really want solicitor advice don't even know what is the right thing to say with regards to reasons why it should be stayed and varied?? Didn't receive a CCJ our word against theres though. Not received bills paper free billing. we are on financial crisis. 😩

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#11 Re: High court writ for southern water debt do I let them in??

Post by Michelle » 13 Jun 2017 20:33

mitchell2002 wrote:
13 Jun 2017 18:28
Marstons are due tomorrow, partner phoned to request a copy of the writ they won't speak on the phone at all. And implied they are able to break in. I'm going to be on and out all day on school runs! It's not in my name, what happens if I bump into them coming in or out?!
How long does an n244 application take?
Bailiffs enforcing CCJs are not able to break into residential premises, that only happens with court fines.

What did you apply for on then N244? Was it a stay of execution or a set aside application?
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

mitchell2002
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#12 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 13 Jun 2017 21:32

A stay of execution, set aside would imply I don't admit to the debt wouldn't it and it is owed. I merely want enforcement to cease and be able to pay at a reasonable rate 😩 without the charges. So is it stay and variation?

mitchell2002
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#13 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 13 Jun 2017 23:39

Also why is the fee only £50 and not £255?

mitchell2002
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#14 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 14 Jun 2017 16:54

Had a bill from southern water today, the debt above is actually £4021. As it is showing on the bill and they have requested that payment could we just pay a lump sum and continue to pay them? This is the first paper bill we've had since moving into this address, and first request for the amount owed! Southern water implies that the debt wasn't in their hands! surely requesting us to pay means it is and we can pay them and see the debt decreasing ourselves?
It also has with the letter ways in which they help resolve debt! Joke really!
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#15 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 14 Jun 2017 21:44

A water bill that amount means you filled your 360Sq/m swimming pool. An olympic size pool is 50M x 10M x 2M deep, = 2000SqM and at southern waters published tariff £1.25/Sq.M, it would cost £2.5K to fill it.

Your £4,558.69 metered bill doesn't look right considering a household typically consumes 1/3rd of a Sq/m a day taking over 16 years to get close.

If there is a county court action, then apply to set it aside. I just cannot see anyone, even a commercial water park getting a bill like that.
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mitchell2002
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#16 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 15 Jun 2017 11:10

Had a letter through the door I was in, he barely knocked. His name is on it and isn't registered anywhere?! Not the hceo registry nor bailiff register. He's put no certificate number on the enforcement, but there is a lovely £517 charge for knocking!

mitchell2002
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#17 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 15 Jun 2017 11:14

The debt is aprox 6 yrs of unpaid water Jason.

When are you available for phone consultation? Is it worth you calling this bailiff for us?

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#18 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 19 Jun 2017 10:45

I can talk to the bailiff for you. Or chase him away if he is not compliant with any the regulations or Schedule 12 procedure.
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mitchell2002
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#19 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 23 Jun 2017 19:15

Had this arrive today. Just another intimidation?

Forms are in court fee paid, how long till I get a result?
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#20 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 23 Jun 2017 20:54

It's a template. Even the signature is a copy. Treat it as such.

If you take the N244 in person, its processed same day. If by post, then don't bank on any promptness.
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mitchell2002
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#21 Re: High court writ for southern water debt do I let them in??

Post by mitchell2002 » 29 Jun 2017 21:56

All sorted! Stay has been granted, new hearing at local court to show income etc.
Yay!!!
Thanks for the advice!!

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#22 Re: High court writ for southern water debt do I let them in??

Post by Schedule 12 » 30 Jun 2017 09:58

That will be for the variation.

Well done. Another cheating bailiff destroyed his own case.

I like the way Marston call its bailiffs "Officers". Like sending round the bovver boys.
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