Help with a CCJ and HCEO's

Klikso

Hi Guys.

I'm new to this forum and I'm in a very stick situation and was looking for some advice.

I appreciate that lots of threads similar to this may already exist however I have done my best to search and look for specific tailored advice and am coming up either short or not understanding the situation properly.

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So essentially I have received a CCJ for the amount of roughly £1200 based on multiple "Parking Charge Notices" from a private company called Horizion Parking for using their carpark without a permit where I live. I did originally have a permit which was valid for 6 months however I was not aware of the exact expiry date (and no notification or correspondence) was sent and it expired whilst I was away on business.

After receiving multiple tickets and letters on my return I did manage to appeal some of them and some were then cancelled.

A further six months down the line I was in the same situation with permit expiry and received multiple tickets one again which I didn't end up appealing (I know it's my fault and I should of and I've brought this on myself)

Long story short the debt was passed to multiple collection agencies and I did end up contacting one offering a payment plan, to which they accepted, I asked for an email conformation which I never got, and I then chased them up about paying and conformation which I still didn't receive. I was then greeted by a letter from a solicitor who threatened a CCJ, I then received the court paperwork and applied for additional time to appeal and prepare my defence and never got around to doing it (once again my fault I know) The judgement was then entered and I've now had DCBL bailiffs "HCEO's" attend the property and knocking on my door, I did receive the notice of enforcement but I was away for a few days and it was to late by the time I got it to stop it. I've never let the guy into the property and I have corresponded by telephone and text with him asking to agree a payment plan, he has promptly rejected this and insisted that he needs to enter the property to carry out an assessment and "take control of the goods" and wants me to sign a controlled goods agreement.

My preferred method here would be to pay the now total amount of £1550 roughly (including court and HCEO fees) via monthly instalments of around £150 (which really is about as much as I can afford)

I am under the impression that I can apply to the courts to set up this payment plan but need a little help doing so, I would also like to stop the HCEO coming to the property and hammering on the door at 6AM, if there is some sort of legal process that can hold the warrant or the "stay of execution procedure" or something to that effect that will allow me to make my payments on time, and not have anyone come round.

I would try to contact Gladstone Solicitors who are now either own or are collecting on behalf of the debt but they are impossible to get hold of.

Any help would be appreciated as I am a young male in his early twenties living with his partner in first flat, And I'm really panicking and losing a lot of sleep over it.

If any additional information is required I will of course do my best to provide it.

Thanks.

J

StopIt

Firstly, and I'm a bad person for saying this but..


Ooh, DCBL bailiffs "HCEO's". If they get followed on their next visit with a camera crew you'll be on Channel 5!


Joking aside, this is a serious situation and one you need to deal with quickly.


First of all, if there is a live writ, a HCEO visit, especially if one has happened before, is pretty inevitable.


Seek legal advice ASAP with regards to the case if there's any case to get this set aside. If not, you need to make an offer of a payment plan to the creditor involved right now.


With a high court backing, they're less likely to accept a low payment plan, and more likely to try to enforce via the HCEO.


Do not let them in under any circumstances. They cannot force entry at a residential address, but open the door and they'll let themselves in. If you have a car, do not park it within reach of them as they will seize it (They cannot do this if the item is on finance).


At this stage, your options are pretty limited, if you have grounds to appeal these charges, get a set aside in motion right away. However, a set aside application does not stop HCEO enforcement, so again, do not let them in, otherwise they can, and will seize goods to use as leverage, as they prefer cash to goods.

National_Debtline

Hi Klikso


Welcome to the forum. The first thing to do is reiterate StopIt's advice, the HCEO cannot force entry unless they've been inside to list your goods. From now on keep your doors locked and do not let them in. Also hide your car, even on finance it's a grey area whether a HCEO/bailiff can take it, it's best to be on the safe side and keep it out of sight.


You can try applying to the high court for stay of execution. That's where you ask the court to stop the HCEO and agree to a payment plan. You can find a fact sheet on the process here https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx.


In addition to that you can ask the county court to agree to the same payment plan. This will prevent the claimant taking action through the county court such as a deduction from your wage. You can find more on that process here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.


The applications cost £50 each (if you are on a low household income may be able to get a remission) and your actually monthly payments will need to be made directly to the claimant.


Susie
@natdebtline

sourcrates

That Paul Bohill is the type of guy you would invite in for a cuppa and a chat though isn’t he !!

But joking apart, good advice above, don’t let them in, deal in writing only, stick to your guns over a payment plan.

Herbie21

sourcrates wrote: »

That Paul Bohill is the type of guy you would invite in for a cuppa and a chat though isn’t he !!

Joking aside, I met Mr Bohill at a trade conference some months ago. He was one of the representatives on a DCBL stand. I had an interesting conversation with him but what surprised me, was the number of passers by who wanted to have a 'selfie' taken with him !!!

Klikso

Hi guys.

Thanks for all your advice. I'm going to wait until the 15th when I get paid and then send across the N244 to the courts proposing a payment plan.

Thank you for all your advice.