N Power CCJ Notice of Enforcement Elliott 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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#1 N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 02 Oct 2017 11:02

Hi,in a previous relationship I ran up an energy bill of nearly £3000.00 with an ex and was left to pay it alone. I was unable to do this at the time or organise a payment arrangement. Suffice to say it went to court and I received a CCJ. I had an arrangement to pay this with a third party solicitor at £75.00 per month but fell upon hard times and couldn't make that because I was in full time education. I have finished my degree now and just started a part time job and have just received a Notice of Enforcement from a company called Elliott Davies. The total now includes a compliance fee of £90.00. I intend to clear the bill somehow but am unsure of the best course of action. Does anyone have any ideas please?

Y..

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#2 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 02 Oct 2017 13:08

Apply to stay the writ and vary the judgement to be paid at £75 a month until further order.

That stops enforcement and disposes of the bailiffs fees.

Here is how to do it: http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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#3 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 04 Oct 2017 12:57

Hi
I just spoke to Northampton CCBC and was informed it costs £255.00 to stay a writ and further £50.00 fee!! Is that correct?

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#4 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 04 Oct 2017 15:04

If you are giving notice then its £255 at the high court and £50 to vary it in the county court.

This is a fairly new policy but until a few months ago, a high court master would stay the writ and vary the judgment in the same hearing.

The new policy is the high court says it does not have jurisdiction over a county court matter and will ask you to apply to the county court for the variation.
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#5 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 09 Oct 2017 10:27

Just spoke to Court Enforcement Services, Loughton and told only arrangement available is to pay off £250.00 per month for 12 months.I'm only working part-time and don't have that money. The enforcement notice deadline is 9.00am tomorrow and I'm worried and just don't know what to do now! Any help would be greatly appreciated! :|

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#6 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Pote Snitkin » 09 Oct 2017 12:28

What do you expect CES to say? They just want the money.

You say you work part-time; this could likely see a remission in the court fees - have you checked to see if you qualify? If so, get the N245 in as soon as possible. Don't worry about some 'deadline' - there's no forced entry for this type of debt; just ensure anything of value outside is safe.
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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#7 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 10 Oct 2017 18:50

yahoo wrote:
09 Oct 2017 10:27
Just spoke to Court Enforcement Services, Loughton and told only arrangement available is to pay off £250.00 per month for 12 months.

One word of advice.

Don't.


I'm only working part-time and don't have that money. The enforcement notice deadline is 9.00am tomorrow and I'm worried and just don't know what to do now! Any help would be greatly appreciated! :|
Get an N244 application made ASAP and get the writ stayed and vary the judgment at an amount you can afford. Complete a form N245 income and expenditure. You need three copies of the N244 and one copy of the N245 and decide how much you can afford.

DO NOT get into an agreement with a bailiff company. They WILL mess you about and you will never be out of their debt. They will keep piling on more and more fees administrating your payments. Kill the enforcement and that kills all the bailiff's fees.

Do not allow anyone to approach you on the internet or a forum offering to mediate between you and a bailiff company. Many are not licensed for debt mediation business which is why they crawl the internet illicitly.


http://www.dealingwithbailiffs.co.uk/St ... r-HCEO.htm
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#8 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 16 Oct 2017 13:00

Thanks so much for your help!
Just a quick question. I will submit form N245 to vary the amount to pay back to something I can afford. If I post the form to Northampton (the Registry in question) can I pay the £50.00 fee at my local county court (Croydon)?Have tried to call the CCBCin Northampton but can never get through.
Thanks Y.

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#9 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 16 Oct 2017 13:05

Phone Croydon and ask if you can pay the fee there.
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#10 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 20 Oct 2017 17:22

Hi all,

I posted a N245 but in the meantime, bailiffs arrived this morning at 7.00am!!I was handed a 'Notice of Attendance' and stating the following:
' IN THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION

On transfer from Northampton County County

ClAIM NUMBER B?????????

The bailiff said he had power of entry because he had a high court writ!Is this true? I didn't let him in though.
Previously, I contacted the claimant to try and pay by instalment then received an email asking for income and expenditure from Court Enforcement Services.
Todays events have caused a massive problem between me and my wife who has promptly kicked me out so unsure what else to do.
The bailiff said I had to send CES the income/expenditure form today but I've been at work all day and I've only just got home.
HELP!!!

Y

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#11 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Pote Snitkin » 20 Oct 2017 18:28

He has the power of peaceable entry, not forced entry. He's been very clever with his words.
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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#12 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 20 Oct 2017 21:16

If you have been kicked out, then you no longer live there. The bailiff cannot enforce against you unless he finds a car of yours.
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#13 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 27 Oct 2017 18:56

I'm back home after family drama!! I sent off forms N244 & N245 and have just received a 'Notice Of Transfer Of Proceedings'. The district registry is Northampton and its been transferred to Croydon County Court,very close to where I live. How does this impact on my situation with whats happened so far & how long can it be to wait for a hearing? No doubt the belligerents who came to my home early last week will try and sting me for their dishonest fees in the meantime! :-(

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#14 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 28 Oct 2017 19:29

The case has been transferred back down to the county court. The high court enforcement fees no longer apply.
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#15 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 29 Oct 2017 00:27

That sounds like a better solution but what should I do regarding CES and their fees?Do I have to notify them or behave according to some other protocol? Thank you for your help so far but is there a law/paragraph/statute that I can refer the HCEOs to if they contact me further?

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#16 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 29 Oct 2017 11:30

You don't need to notify CES. You have no contract with them. The writ is dead and you apply for your costs. Apply for a reverse writ (fee £65) and you can offset that against the original judgment.
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#17 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 31 Oct 2017 07:10

Having a problem finding the form for a "Reverse Writ'. So just to clarify, I can claim back the £255.00 I spent to 'Stay the writ' or the total of £305.00 including 'varying the judgment?

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#18 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 31 Oct 2017 11:21

Yes, you apply for your costs when you are granted the stay. I normally do it on a form N260 and add some expenses for yourself as you are not represented. The provision is under Practice direction 54. Its rule 46.3(5)(b) and rule 48.6(4) that allows for £19 an hour. Clients typically claim between 8 and 20 hours work for administration and research, and its charged back to the judgment creditor.

The judgment creditor can recover them from the HCEO company because they don't make creditors aware of the risks when transferring up a judgment to the high court when enforcement agents use the same procedure for recovering county court debts.
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#19 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 02 Nov 2017 18:25

Have just received a "General Form of Judgment or Order', mentioning Croydon County Court and in bold print saying 'It Is Ordered That'!
"List for an application hearing on the first available date with a time estimate of 15 minutes"

Parties to attend

Dated 30 October 2017

I guess the is just for my information?

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#20 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 02 Nov 2017 20:42

You must attend
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#21 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by yahoo » 08 Nov 2017 19:39

Hi, I understand I have to submit form N260 to the court a minimum 24 hours before my hearing. Do you know what other documents I may need to bring to the hearing.
Thank you

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#22 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Pote Snitkin » 09 Nov 2017 09:22

Schedule 12 wrote:
31 Oct 2017 11:21
The provision is under Practice direction 54. Its rule 46.3(5)(b) and rule 48.6(4) that allows for £19 an hour.
Just spotted this - it's rule 46.5(3). There is no rule 48.6. PD54 is about judicial reviews.

Put the wine down and clarify. :twisted:
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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#23 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Schedule 12 » 09 Nov 2017 16:16

I may not have updated from the CPR's. I seldom drink wine.
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#24 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Pote Snitkin » 09 Nov 2017 19:55

Thought you were getting the update. Ok, for clarity (and that neverending passion for accurate info):

CPR 46.5 and 45.39(5) provide that LIP can claim 'reasonable costs for work done or disbursements which would have been allowed had there been legal representation'.

PD 46.3 provides the hourly rate of £19 for individuals.The maximum amount recoverable is two-thirds of the amount that would have been allowed if represented by a lawyer, not including disbursements.

There's a few other provisions but they're not relevant here.

Jack Daniels for me.
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#25 Re: N Power CCJ Notice of Enforcement Elliott Davies

Post by Pote Snitkin » 09 Nov 2017 20:00

Pote Snitkin wrote:
09 Nov 2017 19:55
PD 46.3 provides the hourly rate of £19 for individuals.
:oops: Got me at it now :D

PD 46.5 (3.4)........

We'll get there in the end.
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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