Bankruptcy order ignored by CEL resulting in CCJ

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  • logician
    logician Posts: 204 Forumite
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    Rscott93 wrote: »
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    I received a fine in the post from a private parking company way back in 2016. Anyway, I went bankrupt in February 2017, having not responded to any of the threatening letters I had received, I advised the Official Receiver about this debt as I had received a letter regarding a county court claim for this fine. The Official Receiver wrote to Civil Enforcement LTD advising them of the bankruptcy order and that all correspondence etc was to go to them now.
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    I have contacted my OR who it turns out is someone different now as the previous guy has left, she has confirmed to me in writing that this matter should have been dealt with, that the debt had been included in my bankruptcy.

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    My OR also says they do not directly deal with the county court business centre and that I have to sort it myself with Civil Enforcement LTD.


    If the OR had stated that this debt was to be included in the bankruptcy then I would consider also raising this as a formal complaint as you should not be having to deal with this.

    Either they failed to add this to the bankruptcy or you were given misleading information that it had been.

    This is the link to their complaints process

    https://www.gov.uk/government/organisations/insolvency-service/about/complaints-procedure#claiming-back-your-costs-from-us


    Rscott93 wrote: »
    Really pleased I came across this forum earlier, seems like it is a great community full with helpful people. With regards to the N244, would I need to pay it then apply for some fees back? Or would the help with court fees form cover it all?

    You will need to complete the form EX160 for fees application and send this with the completed N244

    Link for EX160 form

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/634329/ex160-eng.pdf

    Link for guidance notes for EX160

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/634331/ex160a-eng.pdf
  • Rscott93
    Rscott93 Posts: 51 Forumite
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    logician wrote: »
    If the OR had stated that this debt was to be included in the bankruptcy then I would consider also raising this as a formal complaint as you should not be having to deal with this.

    Either they failed to add this to the bankruptcy or you were given misleading information that it had been.

    This is the link to their complaints process






    You will need to complete the form EX160 for fees application and send this with the completed N244

    Link for EX160 form

    Link for guidance notes for EX160

    I will certainly consider raising a complaint if this issue persists.
    With regards to the EX160 form, I have just filled in a online thing on the .gov website which has given me a "HWF" reference number and advises me to put this number on my N244 form in the help with costs section. Will this suffice or should I also complete the EX160 form?
  • fermi
    fermi Posts: 40,546 Forumite
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    logician wrote: »
    If the OR had stated that this debt was to be included in the bankruptcy then I would consider also raising this as a formal complaint as you should not be having to deal with this.

    Either they failed to add this to the bankruptcy or you were given misleading information that it had been.

    That is not the way it works. The OR wrote to CL saying it was covered.
    The Official Receiver wrote to Civil Enforcement LTD advising them of the bankruptcy order and that all correspondence etc was to go to them now.

    CEL abused the court process by issuing a claim anyway.

    Unless it is defended as being included in the BR, the court has no way of knowing the status of the BR debt.
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  • savvy
    savvy Posts: 31,128 Forumite
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    Rscott93 wrote: »
    I have done loads of research, it seems there aren't clear guidelines set out for this situation :( . I did ppost this in the CCJ & Bankruptcy forum however a moderator thought it would be best suited to this forum and moved it
    No problem, Fermi moved it with a view to moving you back - and as it's gone further than the original PCN, I can move you back across ;)
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    I'm a Board Guide and volunteer to help get your forum questions answered and keep the forum running smoothly on Special Occasions, Green/Ethical, Motoring/Overseas/UK Travel & Flood boards, it's not part of my role to deal with reportable posts. Report inappropriate or illegal posts to forumteam@moneysavingexpert.com. Views are MINE & not official MSE ones ;)
  • Rscott93
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    fermi wrote: »
    That is not the way it works. The OR wrote to CL saying it was covered.



    CEL abused the court process by issuing a claim anyway.

    Unless it is defended as being included in the BR, the court has no way of knowing the status of the BR debt.

    I am just filling in the N244 form now. I have a few questions.

    In the box on the top right:
    I am assuming the claimant name is "Civil Enforcement LTD"
    I am assuming the defendant is myself?
    I am assuming the date is todays date and NOT the date the CCJ was given?

    2: Am I a claimant OR defendant?
    3: I assume in this box I will write that I want the judgement set aside due to CE LTD not following the correct procedure and ignoring my bankruptcy order? (I will enclose copies of all documentation to prove this)
    5: Do I tick "without hearing"?
    9:"Who should be served with this application"? I have no idea what to write here.
    10: should I tick a witness statement or the evidence set out in the box below & write explaining the situation as it happened (with copies of documents to prove)
  • Rscott93
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    Coupon-mad wrote: »
    Yes it sounds like it, as you are on that benefit (lack of income/savings should mean you are eligible):



    So you need form N244 (to apply to the court to set aside the CCJ) and to apply for fee remission.

    The NEWBIES thread at the top of the forum, has a section in the second post about how to set aside this trash. Show us your draft Witness Statement that you come up with, to accompany your N244.

    Hi Coupon Mad, please see below my witness statement as requested.


    I am writing to you today with regards to a CCJ issued to myself on 08/05/2017. A bankruptcy order was made against me on 28/02/2017. I have enclosed documentation to confirm this. I contacted Civil Enforcement LTD and notified them of this bankruptcy order by letter, assuming that would be the end of this situation. It was to my dismay that I later received a letter from them dating 07/04/2017 advising that this matter has been issued at the County Court Business Centre, therefore meaning they had ignored my previous correspondence. I then contacted the Official Receivers office about this and they contacted Civil Enforcement LTD by letter advising, again, of this bankruptcy order. Civil Enforcement LTD have chosen to ignore this correspondence and have completely ignored the bankruptcy order, issuing this to the court wrongly. I have included evidence (copies of documentation to support this fact).

    Then, I received a letter from the County Court Business Centre with a CCJ default notice dated 08/05/2017. This further reinforces the fact that Civil Enforcement LTD had ignore both myself and the Official Receivers office, therefore not following correct procedure.
    The simple fact is, this matter should have never made it to court, the CCJ should have never been issued. I had been declared bankrupt before this matter was referred to the CCBC, I also advised them of this as well as the official receivers office, but they chose to ignore on multiple occasions and continue with this.

    The purpose of this letter is to inform you of all the circumstances surrounding this situation and to apply to have this CCJ set aside. I have enclosed a completed N244 form, I have also obtained a help with court costs reference number which is detailed on the top right hand corner of the N244 form. Also, I have enclosed photocopies of evidence of my bankruptcy and the letter which the official receiver sent to Civil Enforcement LTD advising them of this.

    If you require any further information please do not hesitate to contact me via letter or email.
  • Rscott93
    Rscott93 Posts: 51 Forumite
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    fermi wrote: »
    For now, I'm going to move this thread to .

    Normally duplicate threads are not good, but this has such a cross over in dealing with the BR side, and the parking ticket company aspect, that I'll do it for now. Maybe moving back at a future time.

    Hi Fermi. I have sought legal advise and as far as I am aware all I need to do is get help filling in the N244 form and sent the EX160 form with it. Apparently the CAB are best able to help me with this?

    I tried posting in the CAB part of the forum however I literally can not see the start thread button nor am I able to post to an existing thread. Why is this?
  • fermi
    fermi Posts: 40,546 Forumite
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    Rscott93 wrote: »
    I tried posting in the CAB part of the forum however I literally can not see the start thread button nor am I able to post to an existing thread. Why is this?

    From the top of the CAB boards.

    "CAB advisors answered questions here as a trial. You can't post now but we've kept the info."
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    edited 5 February 2018 at 5:43PM
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    Hi Rscott93

    Rscott93 wrote: »
    I tried posting in the CAB part of the forum however I literally can not see the start thread button nor am I able to post to an existing thread. Why is this?


    The CAB forum was only set up as a trial a few years back and has been closed ever since - it remains visible for info purposes only.


    Dennis
    @natdebtline


    EDIT - cross-posted with Fermi
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 5 February 2018 at 5:43PM
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    Send the completed N244 along with the EX160 form, into the courts, to the address on the paperwork.

    They will write back to you telling you if the fee is fully covered, or if you have to pay anything to proceed with the setaside application.

    Civil enforcement are the claimants, you are the defendant.

    Guidance notes for filling in N244 are here :

    https://formfinder.hmctsformfinder.justice.gov.uk/n244-notes-eng.pdf
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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