NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

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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B4zza
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#1 NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 10:43

Hi folks hope someone can advise me?

I've recently applied for a new job working over seas and they credit searched me, which flagged up a CCJ from 12 Jan 2017 for an unpaid EON bill from 7 April 2014 for £668.98. Ccj with costs is now £908.91.

Without boring you with my life story, I will give you the short version, came home one day to empty house. My Ex wife left me and took my soon and just about everything I owned to run away with her high school boyfriend she had reconnect with on FB.

Not a great time, anyway I couldn't keep the house on on my own, I contend eon at the time and submitted a finally reading etc and they sent me the bill which I disputed. I had only every delay with the, paperless and via email.

I moved into a shared house for a couple mt and then for the last 3 years I've done bit of travelling and spent lot of time living out my vw camper van trying to get my head right and re build my life.

Back to my recent credit check, so obviously I explained to my new employer nad they were fine about the CCJ.
However my current on/off girlfriend got a letter for me to her address which I thought was odd, I asked her to open it and it's a notice of enforcement.

She's obviously not happy it's gone to her address, I rang eon and asked if I could set tile the original bill in full and said I was unaware of the CCJ and hadn't had anything from them, I explained I had been through a traumatic divorce etc and would like to pay it. But the said it had been now passed on to an enforcement agency.


I don't know what to do?

I don't want to pay in excess of £1100 pound which is what it is now.

My friend/girlfriend is not happy about mail to her address, the only thing ive had in that address is my driving licence and a current account when I had no fixed abode, but it's her house everything is in her name I don't live there I do stay over time to time in between working away and being at my parents.

Should I contact Elliot and Davis ? My friend is defiantly not wanting anyon knocking on the door.

Eon said they had no interest in reducing the figure, so I am not sure it worthwhile. The bill is over 3 years old. I asked eon why they didn't e mail me as I always communicated that way, I would of obviously paid it before it had gone to court, i explained I had been in a bad place etc and had not seen my son for over a year, which he said we heard it all before. I just felt I was wasting my time trying to resolve it.

Should I ignore >?

Thanks

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Schedule 12
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#2 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 03 Jul 2017 11:09

If you are leaving the UK, then leave it there. Enforcement power is restricted to England and Wales.

Otherwise, you can kill off the enforcement power by applying for a stay of execution and a variation to let you pay it in monthly instalments.

Here is how. http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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#3 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 11:22

jasonDWB wrote:
03 Jul 2017 11:09
If you are leaving the UK, then leave it there. Enforcement power is restricted to England and Wales.

Otherwise, you can kill off the enforcement power by applying for a stay of execution and a variation to let you pay it in monthly instalments.

Here is how. http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
Thanks for the prompt reply, I am leaving to work in Oz I've lived the previously but it's initially for 4 year visa. However I don't want anyone showing up and my elderly parents or my friends address where the notice of enforcement landed.

B4zza
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#4 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 11:30

Can I still opt for "Pay direct to the creditor.

As eon said they wouldn't take payment from me today.

B4zza
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#5 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 11:31

B4zza wrote:
03 Jul 2017 11:22
jasonDWB wrote:
03 Jul 2017 11:09
If you are leaving the UK, then leave it there. Enforcement power is restricted to England and Wales.

Otherwise, you can kill off the enforcement power by applying for a stay of execution and a variation to let you pay it in monthly instalments.

Here is how. http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
Thanks for the prompt reply, I am leaving to work in Oz I've lived the previously but it's initially for 4 year visa. However I don't want anyone showing up and my elderly parents or my friends address where the notice of enforcement landed.
Can I still opt for "Pay direct to the creditor.

As eon said they wouldn't take payment from me today.

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#6 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 03 Jul 2017 13:02

If you are going to OZ, I'd just offer the money to OEN and if they refuse it, then they lose the money.

Your parents are safe. They can call 999 reporting a disturbance if a bailiff pesters them.
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#7 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 17:43

Hi Jason

I am struggling to get my head round that form for stay/variation , is that something you can do is it your details in the link ?

Thanks

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#8 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 03 Jul 2017 18:26

I can do it. It starts with a phone Consultation. Link is in my signature.
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#9 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Pote Snitkin » 03 Jul 2017 18:36

Why are you even filing an N244? I thought you were leaving for Oz? The form will cost up to £255, another £35 for a consultation.... nearly £300 nicker for what?

The bailiff's can't force entry, they can't take anyone else's goods.... take a photocopy of your plane ticket, with your new address in Oz and leave that with your on/off girlfriend to give to the bailiff when he shows up.

How did they even conclude you live there?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#10 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 03 Jul 2017 19:00

Pay EON by cheque and send it by post and get a certificate of posting. (not the same as a "proof of posting").

That kills the enforcement power. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Go to Oz.

If EON does not present the cheque within 3 months, you pocket the money. It's yours to keep and still no enforcement power.

If the bailiff company pesters your parents, they can call the police and they can injunct the bailiff company. The injunction may be brought because the respondent bailiff company is in breach of Paragraph 10 of Schedule 12, and possibly paragraph 14(6), and the action is brought under section 3 of the Protection from Harassment Act 1997.

Do not bring the injunction under Paragraph 66 of Schedule 12. This is a remedy only available to debtors.
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#11 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by B4zza » 03 Jul 2017 20:09

Pote Snitkin wrote:
03 Jul 2017 18:36
Why are you even filing an N244? I thought you were leaving for Oz? The form will cost up to £255, another £35 for a consultation.... nearly £300 nicker for what?

The bailiff's can't force entry, they can't take anyone else's goods.... take a photocopy of your plane ticket, with your new address in Oz and leave that with your on/off girlfriend to give to the bailiff when he shows up.

How did they even conclude you live there?
All I can think is, I used that address as a postal for the paperwork for my new employer, they ran an eperian check/ back ground / police checks on me that's how I found out about the CCJ originally last month.

I've used the address for that and my driving licence is reg in it. But I have no financial ties to it and only stay occasionally and to be honest havent been seeing her as much as obviously I am leaving in a few weeks.

But she now spewing at the thought of people showing up at her door.

That's why I wanted to get it sorted, plus I will be back in uk eventually.

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#12 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 03 Jul 2017 21:43

The bottom line is the bailiff may ONLY take control of goods belonging to the debtor.

It's no use going to your parents if you have no goods there. Your parents have nothing to worry about. If the bailiff gets funny with them, call the police on 999 and let them deal with the bailiff.

If the police assist the bailiff to breach a Schedule 12 provision, then liability is now shared with the bailiff and the police officer that assisted. Constables only have a requirement to assist with the execution with writs of possession. Not writs of control.

Only recently, a Met police constable learned that the hard way when he smashed a car window to assist a bailiff in taking control of it in breach of Paragraph 10. Another similar case is approaching its court date.
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#13 Re: NOTICE OF ENFORCEMENT /E.On bill / Elliot Davies

Post by Schedule 12 » 18 Jul 2017 19:39

Do an N244 to Queens Bench division in London. (The Strand)

Apply to:
  • Stay the writ
    Vary the judgment to £668.89
    Pay that sum forthwith
Make it clear on the back of your N244 the:
  • date you learned of the debt
    That you acted in reasonable promptness
    Why you dispute the sum over £668.89 (your bill only says you owe £668.89)
    The address on the bill is your previous address.
    The address on the Notice of Enforcement is wrong
Use your correct address as your service address on your form N244.

That will kill the enforcement power and all the fees including the writ fee £117.75

Attach copy of the EON bill and the bailiffs notice of enforcement as "Exhibit BM1" and "Exhibit BM2"

The court should issue an N24 order stating the above. Send EON a cheque for £668.89 (photograph it) and a copy of the court form N24, Get a certificate of posting.

If EON refuses to accept the payment, or does not bank the cheque, the money £668.89 goes in your pocket and there is no enforcement power.
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