CCJ transferred to High court - Please help

spacecommander · 13 September 2009 at 9:01PM

Hi all

I was issued with a ccj in 2007, despite sending the forms back to the dca, judgement was entered against me (as they claimed they didn't receive them) for the full amount.

1 month later I had a letter hand delivered through the door from a high court enforcement officer with a writ. They had added nearly £1000 in charges on, and threatened removal of goods.

The national debtline informed me the debt should not have been transferred for high court jurisdiction as it was covered by the consumer credit act, and was under a certain amount. Because of this I wrote to the court, and the enforcement agents as I believed it should have stayed with the county court.

We moved house, and our post was re-directed - I didn't hear anything else until last week when the dca wrote to me - 2 years after action was taken.

This has me worried sick. I am so out of my depth now I have no idea what to do.

How long is the warrant valid for? What powers do high court enforcement officers have? (I have dealt with council tax baliffs and come out the other side).

Any advice on what steps I should take? I'm sat here feeling very sick with worry that people will be coming round again. I have 3 little ones 6 and under, and my hubby works away so I'm on my own.

Any help is really appreciated.

PNPSUKNET · 13 September 2009 at 9:45PM

can you scan a copy of the letter?

spacecommander · 13 September 2009 at 9:49PM

Hi,

Thanks for your reply, do you mean a copy of the latest letter I've received from the dca?

Or a copy of the letter from the enforcement officer in 2007?

Sorry, I'm stressed, and being a bit thick!

GeorgeUK · 13 September 2009 at 9:50PM

For expert advice on the legal side i would suggest posting on the consumeractiongroup forum under legal issues.

A CCJ never becomes statute barred, but do you know if it is still with the high court or with the county court? I think the original problem may have been that you gave the court papers to the DCA rather than to the court. You may be able to get the court to do a redetermination so that the amount you need to pay each month is within a reasonable level.

gizmo111 · 13 September 2009 at 9:52PM

For expert advice on the legal side i would suggest posting on the consumeractiongroup forum under legal issues.

Why? CAG never has had nor does it now have any legal experts.

PNPSUKNET · 13 September 2009 at 9:53PM

the latest, or can you type its wording, do they have may in their sentance etc

spacecommander · 13 September 2009 at 9:55PM

Hi George.

I have already posted on there, I had a couple of replies from someone, but it seems very quiet on there.

I'm so worried about this, the thought of hubby going to work in the morning and leaving me on my own is making me feel sick.

I'm going to ring the court tomorrow to find out what is happening, on the back of the letter from the dca there's a statement with some of the charges added on - none of the court charges relate to later than 2007 I don't think.

I thought the ccj form was supposed to be sent to the creditor and not the court - did I make a huge mistake? They claimed not to have received it, but they had also previously refused any payment offer I had made.

spacecommander · 13 September 2009 at 10:00PM

PNPSUKNET wrote: »

the latest, or can you type its wording, do they have may in their sentance etc

Hi - this is the wording in the latest letter from the dca.

"Please find attached statement of your account with *****

Your outstanding balance owed is ******

Call us immediately to arrange settlement of the account.

You should be aware that interest in accordance with Section 69 of the County Court Act 1984 is continuing to be added to the outstanding account till full payment is received by ******

Should you have any queries please do not hesitate to contact us"

The back of the letter has a statement with fees listed:

Court issue fees
Solicitors issue fees
Solicitor judgement fees
FIFA court fees
Solicitor FIFA fees
AoE court fees

EDIT: sorry forgot to add - there is no mention of the high court in this letter - the last I heard about that was in 2007 when I had the enforcement officer round. The court confirmed by phone it had been transferred to the jurisdiction of the high court - and when I queried this I was told to write in. I didn't hear anything else.

GeorgeUK · 13 September 2009 at 10:05PM

If you get sent court documents or forms, then they should be returned to the court. I know that some creditors request you pass these on to them once they are filled in, but if they don't pass them on to the court, the court may think that you just ignored the forms. Some less reputable companies do this on purpose.

I think your best bet may be to get a redetermination so that you can make payments at an affordable level. You may also be able to offer a reduced full and final settlement payment if you are in a position to make an offer.

GeorgeUK · 13 September 2009 at 10:09PM

Gizmo, i know that there are alot of people posting their legal progress on the consumeractiongroup forum so even though there may not be any expert, there are probably people who have been in a similar situation who may be able to offer advice. When i have looked on that forum i have seen people being walked through how to fill in various court forms and as i don't know what forms or details will be required, gave a source that may prove useful.

GeorgeUK · 13 September 2009 at 10:11PM

You might want to check with the court what the actual judgement was. I thought that interest could only be applied if the judge specified this when making the judgement.

CCJ transferred to High court - Please help

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