Urgent: Got CCJ on my credit records

Sassii

Hi all again, received letter from dcbl (attached) while waiting for appeal hearing date. my solicitor already replied to that.
As you have more experience in their tricks, I would like to ask what does it mean by ''High Court ref. name: Queen's Bench''?.

https://www.keepandshare.com/doc16/19983/epson023-pdf-268k?da=y

Regards

Coupon-mad

Remind us, is the sum over £600?

Sassii

Coupon-mad wrote: »

Remind us, is the sum over £600?

Yes. Thanks for quick reply

Quentin

The claimant can use High Court to enforce ccjs if the order is £600 or more


You get 7 days to pay the bailiffs otherwise they can start bailiff seizing action by calling at your home


Always a possibility a ccj will be enforced as advised in #27

Loadsofchildren123

Have you applied to appeal the refusal to set aside? If yes, where are you with that?
Applying for permission to appeal does NOT stay the original order (ie the clock does not stop) unless you specifically ask for a stay and one is granted.
So whilst you are appealing and no stay has been ordered they are entitled to enforce against you.
If you have a pending appeal you should ask them to delay enforcement until that is dealt with.

Sassii

Quentin wrote: »

The claimant can use High Court to enforce ccjs if the order is £600 or more


You get 7 days to pay the bailiffs otherwise they can start bailiff seizing action by calling at your home

That is what my solicitor sent to them
''Please note that the enforcement action should be placed on hold since the matter is still ongoing. Our client has made an appeal application to set aside the default judgement and we are waiting for an oral hearing to be listed. Please find enclosed the appeal application dated xxxx and the court correspondence acknowledging our application.

Kindly acknowledge safe receipt of this correspondence and revert back to us with confirmation as to placing the enforcement action on hold. Should you not be agreeable to our request our client will be forced to seek legal advice on making an injunctive application to prevent you from enforcing the court judgement and this may increase costs.''

jkdd77

If the OP has a solicitor specifically dealing with the case, he/ she should probably follow their advice.

In general terms, if the intention is not to pay pending the appeal of the apparently disgraceful refusal of set-aside, it might be best to hide and lock away the car, if possible, to lock all doors and windows, not to open any doors or windows to anyone the OP does not know, and to convey the latter instruction to anyone else living with them.

For "debts" of this nature, the bailiff cannot force entry unless he/ she has previously gained 'peaceable entry', but can clamp the debtor's car (in practice meaning any car at the relevant address not proven to belong to someone else).

Loadsofchildren123

If it was me I'd write again to record the fact that this letter has been ignored and they are racking up unnecessary costs seeking to enforce an order that is actively under appeal. Ask again for confirmation that no enforcement steps will be taken and if they do not reply within a set time limit you will make an application for the order to be stayed. Speak to your solicitor about this. It's clear in the rules that an order under appeal is not stayed (ie suspended) until the appeal is heard, you have to specifically ask for a stay. Until a stay is given they are entitled to take enforcement action.

Sassii

Loadsofchildren123 wrote: »

Until a stay is given they are entitled to take enforcement action.

I think Gladstones took this action now to stop me to get a suspend order against the enforcement action during xmas time as every one busy or on holiday.

Sassii

Hi All

Just knew the oral hearing for permission to appeal booked for end of next week.

I would like to continue without the solicitor so could you please help me on the procedure.

I'm planning to send a witness statement and skeleton argument,which will post here latter, is that good idea?.

could anyone please guide me how to right the appeal WS?.

Does County court defendant WS differ from Appeal WS?.

Does any one has any more ideas?

Regards