Harrassment from Solicitors

Jamesf81

Hi

I recently received a CCJ due to an outstanding debt and received a letter dated 21st January 10 giving me 14 days to make payment or a satisfactory payment proposal otherwise they ay commence enforcement action through the county court.

As i received the letter on the 23rd January 14 days would give me to this coming Saturday the 6th yet this morning i received notice from NCCBC that the claim had been transferred to my local county court for enforcement. This was dated the 2nd meaning they have not even given me the 14 days stated in their letter.

This just adds another matter to the complaint i am already putting together against this firm over their whole handling of the case from the start. I feel i am been harrassed by the solicitors and would like to know my rights on this?

Thanks

GeorgeUK

I would phone the court to find out what is going on as the dates are incorrect. If possible i would also make payment. I can only assume they have sent this out after 1 week instead of 2.

What were the conditions of the CCJ? Did the judge not say what the payments should be and when?

Jamesf81

The payments were set at £50 but the solicitors agreed to accept £30p/m.

The letter regarding the 14 days was from the solicitors as i was a little late in making one of the payments due to circumstances. It was dated 21.01.10 and gave me 14 days to make a payment and offer satisfactory proposals for payment by installments(their words).

The letter i received from NCCBC was dated 02.02.10 which is obviously only 10 days. I have made a payment and set up a standing order within the 14 days given so dont see how they can justify their actions. They have not even honoured their own letter.

As i previously mentioned this is just another incident in a long list from the beginning and feel i am having my rights breached by this company. I am putting together a complaint against them but was just wondering where i stand with the point i have mentioned.

Thanks

fatbelly

Jamesf81 wrote: »

The payments were set at £50 but the solicitors agreed to accept £30p/m.

Hi James

This should have been varied by using a N245 application to the court.

As things stand you have breached the court order and enforcement can take place.

The N245 route is still the correct route for you to take. There's a factsheet here:

Factsheet | Reducing payments or suspending a Bailiff's Warrant on a County Court Judgment

Jamesf81

Thanks for the advice but you are missing the point regarding the solicitors giving me 14 days but issuing enforcement proceedings after 10 days.

fatbelly

Jamesf81 wrote: »

Thanks for the advice but you are missing the point regarding the solicitors giving me 14 days but issuing enforcement proceedings after 10 days.

If you've defaulted on a court order, you've defaulted on a court order.

As I said before

As things stand you have breached the court order and enforcement can take place.

Jamesf81

Right so i get a court order.

Both the creditor and solicitors agree to accept payments on the order at £30 which they sent in writing.

I am a little late in making the installment.

The solicitors then send a letter giving me 14 days to make payment. They carry out enforcement proceedings after 10 days even though they gave me 14.

I make the payment within the 14 days as requested.

Yet i am in the wrong?