some advice about court bailiffs

lisaf

Hi all,
hope some wonderful person on here could give me some advice (again)!
In April, I sent off a cca request for a debt with lloyds (about £15k) for my OH. This original debt was originally made up of 3 loans (I think) and overdrafts but mostly unfair charges (although I've never S.A.R - (Subject Access Request)'d them which I should have done).
Anyway, they only replied once chasing the debt and i wrote back telling them that they should have produced the agreements.
The problem is this has already ccj'd a few years back and today I've received a letter from the court's bailiff for my OH saying that the debt is £14k and bailiffs costs £156 to be paid immediately.
Now this letter has actually gone to the house that we used to live in (now my sister's place) and not my OH proper address.
Also OH works in USA most of the time so I just don't know what to do.
Does this letter mean to pay just the bailiffs costs for now or the whole amount?!
Can I send the letter back 'not known at this address' etc? I'm just really panicking now as we haven't paid an installment for about 10 months.
We definately can't afford to pay the whole £14k now.
All your advice very very gratefully received.
Lisa x
vbrep_register("1150248")

lisaf

Thanks for that Herbie. Someone on the CAG site has suggested filling in an N244 form at court to set aside the claim on the grounds that my OH would have defended the original amount had he had proof of the charges on the account in the first place.
Also as OH is in USA can I apply for a variation order on his behalf?
Many thanks
Lisa

fatbelly

The form Herbie suggests is a N245. OH has to apply. I would have more confidence in that suggestion rather than the CAG-one. I would see the bank charges argument as a counterclaim rather than a defence. And most bank charge claims are being stayed at the moment. That's not to say it definitely wouldn't work, but the N245 route definitely would suspend the warrant and vary the order.
just checked - the fee is £35 to vary/suspend on a N245, £65 to set aside on a N244

lisaf

Cheers fatbelly. The only thing OH is away until next year and can't apply in person so not sure what to do about that?
Is it best to just call the bailiffs in the morning?
Ta very much
Lisa

penguin83

Hi lisaf

Give them a ring in the morning let them know the situation. They are usually available from 8 am till 10 am and after that time you can speak to enforcements section instead.

If he isnt in the country the warrant should be unenforceable and the bailiffs can make a return to this effect. x

Herbie21

Fatbelly

You are right. The form is the N245 and your fees are right.

Lisaf:
I am a bit confused. You say that you were dealing with SAR on this debt. Therefore is the debt your or hubby's?

CCJ: Is this only against hubby?

How long ago was it issued?

Did hubby acknowledge the claim?

Was a defence filed?

If so was there a hearing? If not, was CCJ awarded in default. In other words, no acknowledgment, no defence etc so judgment against hubby entered?

If no to the above, was OH aware of the writ or is this the first that you knew of it?

Once a CCJ has been awarded, the creditor may apply for a charging order over a property. Am I right in assuming the property is no longer available?

Depending on the answers to above, I will not know whether to suggest an N245 Variation Order, or N244 Application Notice to have the claim set aside.

Sorry there are a lot of questions......