Please Advise me! Bailiff hand-delivered letter

GeorgeUK

Would they not be able to deny the claim if the contract had been broken by the child minder going 'loco' on the child?

Not sure if more detail would be required.

Also, would it matter that the name on the letter is wrong? Would they need to check if the claim issued to the court had the same error?

10past6

GeorgeUK wrote: »

Would they not be able to deny the claim if the contract had been broken by the child minder going 'loco' on the child?

Yes, but the onus is on the defendant to prove the claimant breached the contract, as it stands now, by issuing a claim, the claimant states the defendant is in breach of contract.

GeorgeUK wrote: »

Also, would it matter that the name on the letter is wrong? Would they need to check if the claim issued to the court had the same error?

Yes, but if the defendant wants to admit the claim and be done with it, they can request the court rectify the error

RobertoMoir

Woodyrocks wrote: »

What should I do? Should I be worried? What is going to happen next? I REFUSE to pay the person a penny so I am not willing to enter into any settlement rubbish. I just want to know how to deal with this fallout.

The question is: Where do you stand on this case? What's happening next with that?

Most of the advice people can give you, whether here or at the CAB or anywhere else is centered around avoiding the bailiffs while you get the warrant suspended, but this based on either a problem with the case against you (and the fact that you simply lost doesn't count, I'm afraid) or that you are prepared to pay the debt on arrangement.

If you've been taken to court, lost, and now have bailiffs chasing you then the best advice is something I suspect you don't want to hear: Get the bailiff enforcement proceedings suspended and then pay up. Or get legal advice about whether or not you can appeal or counter-sue or whatever and have the action against you suspended while that happens.

Simply not paying because you don't wanna (no matter how good your reasons are) doesn't give people trying to help you a lot to work with. It may be possible to delay things due to the technical error in the warrant but ultimately if that's all you do you'll be back here in a while with the same problem... and one less method of delaying having to deal with it.

Woodyrocks

10past6 wrote: »

OK, so do you admit or deny thew claim?

As it stands, yes, I did break the contract. I felt justified in doing so but unfortunately this does not hold any weight as the matter now stands.

As protracted as my response might seem, I would now just like to contain the situation as best as I can because I really cannot afford to have bailiff's camping on my door and just want this sorry mess put to bed.

I genuinely do not regret breaking the contract, what I do wish I had done differently is respond to the letters that have been coming through from the official bodies.

Thank you all so much. I was so confused when I came in to the letter earlier. I have been in contact with the National Debt since I started the thread earlier so thanks to whoever had the link in the sig :T

I just hope I don't lose the will in the midst of admin hell that is going to come with trying to sort this all out.

fatbelly

Was the bailiff's visit in connection with an order to obtain information?

Was that N** an N39 by any chance?

I'm just puzzled by the committal reference and that's all I can think it might be.

How does the judgment debtor get the order to attend for questioning?

A copy of the order must be handed to the judgment debtor personally (called 'personal service'). If you are an individual creditor, that is, you sued the judgment debtor or company in your own name and you do not have a solicitor acting on your behalf, a county court bailiff will serve the order on the judgment debtor on your behalf.

If you sued the judgment debtor in the name of your firm or company, you must arrange personal service on the judgment debtor yourself. That is, you, or someone on your behalf, must hand the order to attend for questioning to the judgment debtor (or officer),
personally. The order may not be left with someone else at the debtor's address, or posted through the letterbox.

The order to attend for questioning must be served no less than 14 days before the questioning is due to take place.

RobertoMoir

fatbelly wrote: »

Was the bailiff's visit in connection with an order to obtain information?

Was that N** an N39 by any chance?

I'm just puzzled by the committal reference and that's all I can think it might be.

Ooooh. That's a good point.
OP, if it's a N39 letter then whatever else you decide to do, DO NOT ignore it.

ally663

Hi, I have experience of bailiffs but not courts. I know you dont want to communicate with the bailiff and I am not normally found advising anyone to speak to their bailiff. But on this occasion it does sound like you need to write a letter to the address on the bailiff correspondance. Even if it is to just tell them you are looking into it. You dont want 'not responding' to escalate further. If you can, source a fax and get it faxed to them and then put it in the post, and a copy for yourself. Good luck with it all.

wannabe_sybil

The other one is the Attachment of Earnings - can't remember the number of the warrant but it was an order of the court to complete N56. If you REFUSE to complete it, even in front of a judge, then it is contempt, and that is what the committal is for. They then go back to trying to get you to fill in the forms.

You usually get a chance even at the last second, but without knowing exactly what it is it is hard to say. The court staff should tell you exactly what has happened. Ask them about whether you can set aside any judgement. They almost certainly will know less about it than the posters on the forum (honest! the training can be really patchy and is in procedure not legalities) but they should hopefully flag up any problems and give sufficient information to help the real experts on here.

Not only ask what has happened, but when so you have dates. Also always get names of people you speak to.

Good luck

Woodyrocks

You guys are BRILLIANT. Yes, it is N39.

Does anyone know if there is a template letter on the site that I could make use of to respond with?

The debtline mentioned sending a letter, a N245 (to vary the original judgement) and a budget sheet + EX160

I would really appreciate some help drafting a letter if that is not asking for too much!

Thanks all once again, I really should get myself to bed as I am shattered but hope you guys have some more time for me tomorrow

I_know_my_ABC_and_my_CMYK

Woodyrocks wrote: »

Hi Guys,

I am hoping this is in the right place for speedy responses.

I came home today (15/6/09) to a (photocopied) letter with HMCS (Her Majesty's Court Service) heading it and the address on it is Croydon Country Court and there is also a court stamp on it. It also had today's date handwritten on.

It has my address on it but the WRONG name. I know it is meant for me though as the name on it is of the person that has started this !!!!. BUT as I said, it is not addressed to me. Could I use this to my benefit?

What should I do? Should I be worried? What is going to happen next? I REFUSE to pay the person a penny so I am not willing to enter into any settlement rubbish. I just want to know how to deal with this fallout.

TIA

The letter (in its entirety) says -

---

DO NOT IGNORE THIS ADVICE

Take notice that I hold a Document that requires your attention.
Please telephone me at the first opportunity so that we can arrange to deal with this document, Process number N** Claim number 90T2****

Failure to comply could lead to a committal warrant being issued

Bailiff Area 12
Mr R***

7.30 - 10am Direct line 020 84** ****
Mobile 07*** ******

Have you contacted CCCS or National debt line? If not you really need to do it now as they can help you with this. You can ask a CCCS counsellor on here if you wish to but don't leave this any longer. Hard not to do but try not to worry and good luck.